1-1     By:  Madla                                             S.B. No. 956
 1-2           (In the Senate - Filed March 5, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on Economic Development;
 1-4     April 16, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 16, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 956                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of certain insurance agents and to the
1-11     consolidation of insurance agent licenses; providing penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13                ARTICLE 1.  GENERAL PROVISIONS APPLICABLE TO
1-14                            ALL INSURANCE AGENTS
1-15           SECTION 1.01.  Article 21.01, Insurance Code, is amended to
1-16     read as follows:
1-17           Art. 21.01.  PURPOSE; CONSOLIDATION OF LICENSES; APPLICATION;
1-18     CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED; RULEMAKING AUTHORITY
1-19           Sec. 1.  PURPOSE.  It is the intent of the legislature to
1-20     simplify and reform the regulation of insurance agents in this
1-21     state by consolidating the types of licenses issued to insurance
1-22     agents under this subchapter.  This subchapter is also intended to
1-23     promote uniformity in the licensing, examination, continuing
1-24     education, and disciplinary requirements for agents.
1-25           Sec. 2.  CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED.  It
1-26     shall not be lawful for any person to act [within this State], as
1-27     an agent or otherwise, in soliciting or receiving applications for
1-28     insurance of any kind whatever in this state, or in any manner to
1-29     aid in the transaction of the business of any insurance company
1-30     incorporated in this state [State], or out of it, without first
1-31     procuring a license or certificate of authority from the department
1-32     [Board].
1-33           Sec. 3.  APPLICATION.  (a)  Except as otherwise provided by
1-34     this code, this subchapter applies to each person licensed in
1-35     accordance with:
1-36                 (1)  Section 4, Article 1.14-2, of this code;
1-37                 (2)  Section 7, Article 3.75, of this code;
1-38                 (3)  Subsection (c), Article 5.13-1, of this code;
1-39                 (4)  Article 10.37-3 of this code;
1-40                 (5)  Article 16.24A of this code;
1-41                 (6)  Section 9, Article 17.25, of this code;
1-42                 (7)  Article 21.07 of this code;
1-43                 (8)  Article 21.07-1 of this code;
1-44                 (9)  Chapter 29, Acts of the 54th Legislature, Regular
1-45     Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
1-46                 (10)  the Managing General Agents' Licensing Act
1-47     (Article 21.07-3, Vernon's Texas Insurance Code);
1-48                 (11)  Chapter 407, Acts of the 63rd Legislature,
1-49     Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
1-50     Code);
1-51                 (12)  Article 21.07-6 of this code;
1-52                 (13)  Article 21.07-7 of this code;
1-53                 (14)  Article 21.11 of this code;
1-54                 (15)  Article 21.14 of this code;
1-55                 (16)  Article 21.14-1 of this code;
1-56                 (17)  Article 21.14-2 of this code;
1-57                 (18)  Article 23.23A of this code; or
1-58                 (19)  a specialty license program established by the
1-59     department.
1-60           (b)  Except as otherwise provided by law, each reference in
1-61     this code and other laws of this state to a particular type of
1-62     license authorizing an agent to engage in the business of insurance
1-63     in this state means a license designation as made by amendment,
1-64     enactment, or reenactment of or to Subchapter A, Chapter 21, of
 2-1     this code by the 76th Legislature, Regular Session, 1999, or
 2-2     subsequent amendments to that subchapter.  A reference in this
 2-3     subchapter to a statutory provision applies to all reenactments,
 2-4     revisions, or amendments of that provision.
 2-5           Sec. 4.  RULES.  The commissioner may adopt rules as
 2-6     necessary to implement this subchapter and to meet the minimum
 2-7     requirements of federal law and regulations.
 2-8           SECTION 1.02.  Article 21.01-1, Insurance Code, is amended to
 2-9     read as follows:
2-10           Art. 21.01-1.  AGENTS' QUALIFYING EXAMINATION; CONTINUING
2-11     EDUCATION REQUIREMENTS FOR AGENTS
2-12           Sec. 1.  EXAMINATION ADMINISTRATION.  (a)  The commissioner
2-13     [State Board of Insurance] may[, at its discretion,] accept
2-14     examinations administered by a testing service as satisfying the
2-15     examination requirements of persons seeking license as agents,
2-16     [solicitors,] counselors, or adjusters under this code.  The
2-17     commissioner [State Board of Insurance] may negotiate agreements
2-18     with such testing services to include performance of examination
2-19     development, test scheduling, examination site arrangements, and
2-20     test administration, grading, reporting and analysis.  The
2-21     commissioner [State Board of Insurance] may require such testing
2-22     services to correspond directly with the applicants with regard to
2-23     the administration of such examinations and that such testing
2-24     services collect fees for administering such examinations directly
2-25     from the applicants.  The commissioner [State Board of Insurance]
2-26     may stipulate that any agreements with such testing services
2-27     provide for the administration of examinations in specific locales
2-28     and at specified frequencies.  The commissioner [State Board of
2-29     Insurance] shall retain the authority to establish the scope and
2-30     type of all examinations.  Prior to negotiating and making any
2-31     agreement with any testing service as authorized hereby, the
2-32     commissioner [State Board of Insurance] shall hold a public hearing
2-33     [thereon] in accordance with Chapter 2001, Government Code [the
2-34     provisions of Section 5 of the Administrative Procedure and Texas
2-35     Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)],
2-36     and shall adopt such rules[, regulations,] and standards as may be
2-37     deemed appropriate by the commissioner [Board] to implement the
2-38     authority granted in this article [Article].
2-39           (b)  The commissioner may appoint advisory boards consisting
2-40     of any of the following persons:  persons holding a license for
2-41     which the respective examinations are intended, persons who are
2-42     employed by insurance companies appointing such licensees, persons
2-43     acting as general agents or managers, persons teaching insurance at
2-44     an accredited college or university in Texas, persons who are
2-45     citizens of the State of Texas but who are not of any of the
2-46     preceding descriptions, or any combination of such persons.  The
2-47     function of such advisory boards will be to make recommendations to
2-48     the commissioner [State Board of Insurance] or the testing service
2-49     with respect to the scope, type, and conduct of such examinations
2-50     and the times and places within the state where they shall be held.
2-51     The members of such advisory boards shall serve without pay but
2-52     shall be reimbursed for their reasonable expenses in attending
2-53     meetings of their respective advisory boards.
2-54           (c)  In the absence of an agreement with a testing service,
2-55     the department [State Board of Insurance] shall administer any
2-56     required qualifying examination in accordance with this article
2-57     [the provisions of the respective statutes governing the issuance
2-58     of the license sought by the applicant].  The commissioner may
2-59     adopt rules relating to the scope, type, and conduct of the written
2-60     examinations and the times and places in this state at which the
2-61     examinations will be conducted.  The commissioner's rules may
2-62     designate textbooks, manuals, and other materials to be studied by
2-63     applicants in preparation for examinations conducted under this
2-64     subsection.  Those textbooks, manuals, or other materials may
2-65     consist of material available to an applicant by purchase from the
2-66     publisher or of material prepared at the direction of the
2-67     commissioner and distributed to an applicant on request and on
2-68     payment of the reasonable cost of the material.  All examination
2-69     questions shall be prepared from the contents of the textbooks,
 3-1     manuals, and other materials designated or prepared by the
 3-2     commissioner under this subsection.
 3-3           (d)  Not later than the 30th day after the date on which a
 3-4     licensing examination is administered under this code, the
 3-5     department shall notify each examinee of the results of the
 3-6     examination.  However, if an examination is graded or reviewed by a
 3-7     testing service, the department shall notify each examinee
 3-8     [examinees] of the results of the examination not later than the
 3-9     14th day after the date on which the department receives the
3-10     results from the testing service.  If the notice of examination
3-11     results graded or reviewed by a testing service will be delayed for
3-12     longer than 90 days after the examination date, the department
3-13     shall notify the examinee of the reason for the delay before the
3-14     90th day.  The department may require a testing service to notify
3-15     examinees of the results of an examination.
3-16           (e)  If requested in writing by a person who fails a
3-17     licensing examination administered under this code, the department
3-18     shall furnish the person with an analysis of the person's
3-19     performance on the examination.
3-20           Sec. 2.  EXAMINATION OF LICENSE APPLICANT.  (a)  Except as
3-21     provided by Subsection (c) of this section, each applicant for a
3-22     license to act as an insurance agent in this state must submit to a
3-23     personal written examination that is prescribed by the department
3-24     and must pass the examination to the satisfaction of the
3-25     department.  The examination shall determine the applicant's
3-26     competence with respect to:
3-27                 (1)  the type of insurance contracts for which the
3-28     applicant seeks a license;
3-29                 (2)  the laws of this state regulating the business of
3-30     insurance; and
3-31                 (3)  the ethical obligations and duties of an insurance
3-32     agent.
3-33           (b)  The department shall charge each applicant an
3-34     examination fee in an amount determined by the department as
3-35     necessary for administration of the examination.  The fee must
3-36     accompany each application to take the examination.  The fee is
3-37     nonrefundable other than for failure of the applicant to appear and
3-38     take the examination after the applicant has given at least 24
3-39     hours' notice of an emergency situation to the department and
3-40     received the department's approval of refund of the fee.
3-41           (c)  The commissioner shall prescribe a limited written
3-42     licensing examination for applicants for a limited license under
3-43     Article 21.07-1 or Article 21.14 of this code.  A limited
3-44     examination shall be administered according to the provisions of
3-45     this article and shall determine the applicant's competence and
3-46     understanding of:
3-47                 (1)  the general principles of insurance contracts;
3-48                 (2)  the laws of this state regulating the business of
3-49     insurance; and
3-50                 (3)  the ethical obligations and duties of an insurance
3-51     agent.
3-52           (d)  The department may not require a person to take an
3-53     examination under this article if the person is:
3-54                 (1)  an applicant for the renewal of a license issued
3-55     by the department, and the applicant obtained the license by
3-56     successful completion of a written examination;
3-57                 (2)  an applicant whose Texas insurance license expired
3-58     less than one year before the date of the application, if the
3-59     previous license was not denied, revoked, or suspended by the
3-60     commissioner;
3-61                 (3)  a partnership, corporation, or bank;
3-62                 (4)  an applicant for a life, accident, and health
3-63     license who has attained the designation of chartered life
3-64     underwriter (CLU);
3-65                 (5)  an applicant for a life and health insurance
3-66     counselor license who has attained the designation of chartered
3-67     life underwriter (CLU), chartered financial consultant (ChFC), or
3-68     certified financial planner (CFP);
3-69                 (6)  an applicant for a property and casualty license
 4-1     who has attained the designation of chartered property and casualty
 4-2     underwriter (CPCU);
 4-3                 (7)  an applicant for a specialty license issued by the
 4-4     department;
 4-5                 (8)  a nonresident individual who is exempt from the
 4-6     examination requirement under Article 21.11 of this code; or
 4-7                 (9)  an applicant for a general life, accident, and
 4-8     health license who was authorized to solicit insurance on behalf of
 4-9     a fraternal benefit society on September 1, 1999, if the applicant:
4-10                       (A)  had actually solicited insurance on behalf
4-11     of the fraternal benefit society for at least 24 months preceding
4-12     September 1, 1999;
4-13                       (B)  does not solicit insurance for any other
4-14     insurer or a different fraternal benefit society on or after
4-15     September 1, 1999;
4-16                       (C)  limits insurance solicitations on or after
4-17     September 1, 1999, to eligible members of the fraternal benefit
4-18     society; and
4-19                       (D)  does not solicit interest-sensitive life
4-20     insurance certificates with face amounts exceeding $35,000 on or
4-21     after September 1, 1999, unless the applicant has obtained the
4-22     designation of "Fraternal Insurance Counselor."
4-23           (e)  A license to which the exemption authorized under
4-24     Subsection (d)(9) of this section applies must be held by the
4-25     applicant in an individual capacity and is not transferable.
4-26           (f)  Each examination administered under this article shall
4-27     be offered in English and Spanish.
4-28           Sec. 3.  CONTINUING EDUCATION REQUIREMENTS.  (a)  The
4-29     department has exclusive jurisdiction for all matters relating to
4-30     the continuing education of insurance agents who are licensed under
4-31     this code.
4-32           (b)  Except as provided by Subsection (d) of this section,
4-33     each individual who holds a license issued by the department shall
4-34     complete continuing education.  All required continuing education
4-35     hours must be completed before the expiration date of the
4-36     individual's license.  An individual who holds a life, accident,
4-37     and health license, a life and health insurance counselor license,
4-38     or a property and casualty license shall complete 15 hours of
4-39     continuing education annually.  The agent may not be required to
4-40     complete more than 15 continuing education hours annually as a
4-41     result of holding more than one license for which continuing
4-42     education is required.  An individual who holds a limited life,
4-43     accident, and health license or a limited property and casualty
4-44     license shall complete five hours of continuing education annually.
4-45     Each individual who holds a license issued by the department shall
4-46     complete four hours of continuing education in ethics during each
4-47     license renewal period.  At least 50 percent of all required
4-48     continuing education hours must be completed in a classroom setting
4-49     or a classroom equivalent setting approved by the department.  The
4-50     department may grant reciprocity to license holders who complete
4-51     continuing education requirements in other professions or in
4-52     association with professional designations in an insurance-related
4-53     field.
4-54           (c)  On a timely written request of an agent, the department
4-55     may extend the time for the agent to comply with the continuing
4-56     education requirements of this section or may exempt the agent from
4-57     some or all of the requirements for a licensing period if the
4-58     department finds that the agent is unable to comply with the
4-59     requirements because of illness, medical disability, or another
4-60     extenuating circumstance beyond the control of the agent.  The
4-61     commissioner by rule shall prescribe the criteria for an exemption
4-62     or extension under this subsection.
4-63           (d)  An individual who has continuously held a license issued
4-64     under this code to operate as an insurance agent for the 20 years
4-65     preceding September 1, 1999, is exempt from the continuing
4-66     education requirements of this section.  The commissioner by rule
4-67     may provide for other reasonable exemptions.
4-68           (e)  The department shall certify continuing education
4-69     programs for agents.  Only a program that satisfies the criteria
 5-1     established by rule by the commissioner may receive certification.
 5-2     The certification criteria shall be designed to ensure that
 5-3     continuing education programs enhance the knowledge, understanding,
 5-4     and professional competence of the license holder.  A nonrefundable
 5-5     certification fee, in an amount set by the commissioner as
 5-6     necessary for administering the program, must accompany each
 5-7     application for certification of a continuing education program.
 5-8     The fee shall be established by rule and based on a graduated scale
 5-9     according to the number of hours required to complete the program.
5-10           (f)  Each continuing education course provider shall register
5-11     with the department as a course provider.  The department shall
5-12     assess a registration fee for each application for registration as
5-13     a provider, set by the commissioner in an amount necessary for the
5-14     proper administration of this section.  The commissioner may adopt
5-15     rules establishing the requirements for continuing education course
5-16     providers.  The department may negotiate agreements with
5-17     independent contractors under which the independent contractor
5-18     certifies and registers continuing education courses and providers.
5-19     The department may require those independent contractors to
5-20     correspond directly with providers with regard to the
5-21     administration of continuing education courses, and the contractors
5-22     may collect fees from the providers for administration of the
5-23     courses.  The department retains the authority to establish the
5-24     scope and type of continuing education requirements for each type
5-25     of license.
5-26           (g)  The commissioner may appoint an advisory council to
5-27     furnish the commissioner with information and assistance in the
5-28     conduct of the continuing education program for agents licensed
5-29     under this subchapter.  If an advisory council is appointed, it
5-30     must be composed of nine members, four of whom must be public
5-31     members.  The public members are entitled to reimbursement for
5-32     their reasonable travel expenses in attending meetings of the
5-33     advisory council, subject to any applicable limit in the General
5-34     Appropriations Act.  A public member may not:
5-35                 (1)  be an officer, director, or employee of an
5-36     insurance company, insurance agency, agent, broker, adjuster, or
5-37     any other business entity regulated by the department;
5-38                 (2)  be a person required to register with the Texas
5-39     Ethics Commission under Chapter 305, Government Code; or
5-40                 (3)  be related to a person described by Subdivision
5-41     (1) or (2) of this subsection within the second degree by affinity
5-42     or consanguinity, as determined under Chapter 573, Government Code.
5-43           SECTION 1.03.  Section 2, Article 21.01-2, Insurance Code, is
5-44     redesignated as Section 1A, Article 21.01-2, Insurance Code, and
5-45     amended to read as follows:
5-46           Sec. 1A [2].  EXPIRATION AND RENEWAL OF LICENSES.
5-47     (a)  Except as provided by a staggered renewal system adopted under
5-48     Subsection (h) of this section, each agent license issued by the
5-49     department  expires on the fifth anniversary of the date of
5-50     issuance unless suspended or revoked by the commissioner.  A person
5-51     may renew a [an unexpired] license that has not expired or has not
5-52     been suspended or revoked by filing a properly completed renewal
5-53     application with the department in the form prescribed by the
5-54     department and paying to the department before the expiration date
5-55     of the license the required renewal fee.  A renewal fee paid under
5-56     this section is nonrefundable.
5-57           (b)  On the filing of a completed renewal application not
5-58     later than the expiration date of the license accompanied by  the
5-59     renewal fee set by the commissioner, the original license continues
5-60     in force until:
5-61                 (1)  the department issues the renewal license; or
5-62                 (2)  the commissioner issues an order revoking the
5-63     license.
5-64           (c)  If a person's license has been expired for 90 days or
5-65     less, the person may renew the license by filing a renewal
5-66     application with the department in the form prescribed by the
5-67     department and paying to the department the required renewal fee
5-68     and an additional [a] fee that is equal to one-half of the renewal
5-69     [license] fee[, if any,] for the license.
 6-1           (d)  If a person's license has been expired for more than 90
 6-2     days but less than one  year, the person may not renew the license,
 6-3     but is entitled to a new license without taking the applicable
 6-4     examination if the person submits to the department a new
 6-5     application, the license fee, and an additional fee equal to
 6-6     one-half of the license fee.
 6-7           (e) [(c)]  If a person's license has been expired for one
 6-8     year or more [longer than 90 days], the person may not renew the
 6-9     license.  The person may obtain a new license by submitting to
6-10     reexamination, if examination is required for original issuance of
6-11     the license, and complying with the requirements and procedures for
6-12     obtaining an original license.
6-13           (f)  The [However, the] department may renew without
6-14     reexamination an expired license of a person who was licensed in
6-15     this state, moved to another state, and is currently licensed and
6-16     has been in continual practice in the other state for the period
6-17     [two years] preceding application.  The person must pay to the
6-18     department a fee that is equal to the license fee.
6-19           (g) [(d)]  At least 30 days before the expiration of a
6-20     person's license, the department shall send written notice of the
6-21     impending license expiration to the person at the person's last
6-22     known mailing address according to the records of the department.
6-23           (h) [(e)]  The commissioner by rule may adopt a system under
6-24     which licenses expire on various dates during a licensing period.
6-25     For the licensing period in which the license expiration is
6-26     changed, license fees shall be prorated [on a monthly basis] so
6-27     that each license holder shall pay only that portion of the license
6-28     fee that is allocable to the period [number of months] during which
6-29     the license is valid.  On renewal of the license on the new
6-30     expiration date, the total license renewal fee is payable.  The
6-31     commissioner shall adopt a system under which a person who holds
6-32     more than one license may renew all the licenses held in a single
6-33     process.
6-34           (i) [(f)]  This section is not applicable to a license issued
6-35     under Article 21.07-6 or 21.07-7 of this code.
6-36           SECTION 1.04.  Article 21.01-2, Insurance Code, is amended by
6-37     adding Section 2A to read as follows:
6-38           Sec. 2A.  PROHIBITED ACTIVITIES.  (a)  A person licensed
6-39     under this code who receives a commission or other consideration
6-40     for services as an insurance agent may not receive an additional
6-41     fee for those services provided to the same client except for a fee
6-42     described by Article 21.35A or 21.35B of this code.
6-43           (b)  An insurer or licensed insurance agent engaged in the
6-44     business of insurance in this state may not pay, directly or
6-45     indirectly, and may not accept, any commission or other valuable
6-46     consideration to or from any person for services performed by that
6-47     person as an insurance agent in this state unless the person holds
6-48     a license to act as an insurance agent as required by the laws of
6-49     this state.  This subsection does not prevent the payment or
6-50     receipt of renewal or other deferred commissions to or by any
6-51     person solely because the person has ceased to hold a license to
6-52     act as an insurance agent.
6-53           (c)  An insurance agent licensed under this code may not pay,
6-54     allow, or give, or offer to pay, allow, or give, directly or
6-55     indirectly, to any person who is not a licensed insurance agent,
6-56     any rebate of premiums payable, commission, paid employment, or
6-57     contract for service, or any other valuable consideration or
6-58     inducement, that is not specified in the policy or contract of
6-59     insurance for or on account of the solicitation or negotiation of
6-60     contracts of insurance.
6-61           (d)  In addition to any other penalty imposed under this
6-62     code, a person who is determined by the department to have
6-63     committed conduct described by this subsection is barred from
6-64     receiving a license as an insurance agent before the fifth
6-65     anniversary of the date of the determination.  This subsection
6-66     applies to a person who:
6-67                 (1)  acts as an insurance agent without holding a
6-68     license under this code;
6-69                 (2)  solicits a contract of insurance or acts as an
 7-1     insurance agent without having been appointed or designated by an
 7-2     authorized insurance company, association, or organization to do so
 7-3     as provided by this code;
 7-4                 (3)  solicits any contract of insurance or acts as an
 7-5     agent for a person, including an insurance company, association, or
 7-6     organization, not authorized to engage in the business of insurance
 7-7     in this state without holding a license issued under Article 1.14-2
 7-8     of this code; or
 7-9                 (4)  as an officer or representative of an insurance
7-10     company, knowingly contracts with or appoints as an agent a person
7-11     who does not hold a valid and outstanding license.
7-12           (e)  A person who has had an insurance license revoked in
7-13     this state or any other state may not solicit or otherwise transact
7-14     business under Chapter 10 of this code unless it is determined by
7-15     the department to be in the public interest, for good cause shown,
7-16     to allow the person to act in that capacity.
7-17           (f)  A person who has had an insurance license revoked in
7-18     this state or any other state may not act as an officer, director,
7-19     member, manager, or partner, or as a shareholder with a controlling
7-20     interest, of an entity licensed under this subchapter unless it is
7-21     determined by the department to be in the public interest, for good
7-22     cause shown, to allow the person to act in that capacity.
7-23           (g)  A property and casualty agent may not knowingly grant,
7-24     write, or permit a greater amount of insurance against loss by fire
7-25     than the reasonable value of the subject of the insurance.
7-26           SECTION 1.05.  Section 5, Article 21.01-2, Insurance Code, is
7-27     redesignated as Section 3A, Article 21.01-2, Insurance Code, and
7-28     amended to read as follows:
7-29           Sec. 3A [5].  DENIAL OR REFUSAL OF LICENSE APPLICATION;
7-30     SUSPENSION OR REVOCATION OF LICENSES; DISCIPLINE OF LICENSE
7-31     HOLDERS.  (a)  In addition to any other remedy available under
7-32     Section 7, Article 1.10, of this code, the [The] department may
7-33     [shall] refuse to issue an original license, revoke, suspend, or
7-34     refuse to renew a license, place on probation a person whose
7-35     license has been suspended, assess an administrative penalty, or
7-36     reprimand a license holder for a violation of this code, another
7-37     insurance law of this state, or a rule of the commissioner [or the
7-38     board].  If a license suspension is probated, the commissioner may
7-39     require the person to:
7-40                 (1)  report regularly to the department on matters that
7-41     are the basis of the probation;
7-42                 (2)  limit the person's practice to the areas
7-43     prescribed by the department; or
7-44                 (3)  continue or review professional education until
7-45     the person attains a degree of skill satisfactory to the
7-46     commissioner in those areas that are the basis of the probation.
7-47           (b)  If the department proposes to refuse to issue an
7-48     original license, or to suspend, revoke, or refuse to renew a
7-49     license, the person affected is entitled to a hearing conducted by
7-50     the State Office of Administrative Hearings in accordance with
7-51     Article 1.33B of this code.  Notice of the hearing shall be
7-52     provided to the person and to any insurance carrier appearing on
7-53     the application as desiring that the license be issued.
7-54           (c)  The department may discipline a license holder or deny a
7-55     license application under this article if the department determines
7-56     that the applicant or license holder, individually or through any
7-57     officer, director, or shareholder:
7-58                 (1)  has wilfully violated any provision of the
7-59     insurance laws of this state;
7-60                 (2)  has intentionally made a material misstatement in
7-61     the license application;
7-62                 (3)  has obtained, or attempted to obtain, a license by
7-63     fraud or misrepresentation;
7-64                 (4)  has misappropriated, converted to the applicant's
7-65     or holder's own use, or illegally withheld money belonging to:
7-66                       (A)  an insurer;
7-67                       (B)  a health maintenance organization; or
7-68                       (C)  an insured, enrollee, or beneficiary;
7-69                 (5)  has engaged in fraudulent or dishonest acts or
 8-1     practices;
 8-2                 (6)  has materially misrepresented the terms and
 8-3     conditions of an insurance policy or contract, including a contract
 8-4     relating to membership in a health maintenance organization;
 8-5                 (7)  has made or issued, or caused to be made or
 8-6     issued, any statement misrepresenting or making incomplete
 8-7     comparisons regarding the terms or conditions of an insurance or
 8-8     annuity contract legally issued by an insurer or a membership
 8-9     issued by a health maintenance organization to induce the owner of
8-10     the contract or membership to forfeit or surrender the contract or
8-11     membership or allow it to lapse for the purpose of replacing the
8-12     contract or membership with another;
8-13                 (8)  is convicted of a felony;
8-14                 (9)  has offered or given a rebate of an insurance
8-15     premium or commission to an insured or enrollee;
8-16                 (10)  is not actively engaged in the soliciting or
8-17     writing of insurance for the public generally as required by
8-18     Section 2(c), Article 21.07, of this code; or
8-19                 (11)  has obtained or attempted to obtain a license,
8-20     not for the purpose of holding the license holder or applicant out
8-21     to the general public as an agent, but primarily for the purpose of
8-22     soliciting, negotiating, or procuring insurance or annuity
8-23     contracts or memberships covering:
8-24                       (A)  the applicant or license holder;
8-25                       (B)  a member of the applicant's or license
8-26     holder's family; or
8-27                       (C)  a business associate of the applicant or
8-28     license holder.
8-29           (d)  An individual whose license application is denied or
8-30     whose license has been revoked under this article may not apply for
8-31     any license as an insurance agent before the fifth anniversary of:
8-32                 (1)  the effective date of the denial or revocation; or
8-33                 (2)  if the applicant or license holder seeks judicial
8-34     review of the department's action, the date of the final court
8-35     order or decree affirming that action.
8-36           (e)  The commissioner may deny a timely application filed
8-37     under Subsection (d) of this section if the applicant does not show
8-38     good cause why the denial or revocation of the previous license
8-39     application or license should not be considered a bar to the
8-40     issuance of a new license.  This subsection does not apply to an
8-41     applicant whose license application was denied for failure to:
8-42                 (1)  pass a required written examination; or
8-43                 (2)  submit a properly completed license application.
8-44           (f)  Instead of or in addition to taking disciplinary action
8-45     under this section, the department may order that a license holder
8-46     who is currently afflicted with a disability be placed on
8-47     disability probation under the terms and conditions specified under
8-48     Article 21.15-6 of this code and department rules.
8-49           (g)  Subsections (c)-(f) of this section do not apply to a
8-50     person who is licensed under, or holds a certificate of authority
8-51     issued under, Chapter 9 of this code.  [The commissioner shall
8-52     prescribe procedures by which all decisions to deny, suspend, or
8-53     revoke a license, or to refuse to renew a license, are made by or
8-54     are appealable to the commissioner.]
8-55           SECTION 1.06.  Article 21.01-2, Insurance Code, is amended by
8-56     adding Sections 4A, 5A, and 6A to read as follows:
8-57           Sec. 4A.  JUDICIAL REVIEW.  A license applicant or license
8-58     holder may appeal as provided by Article 1.04 of this code if:
8-59                 (1)  the commissioner:
8-60                       (A)  refuses an application for a license as
8-61     provided by this article; or
8-62                       (B)  suspends, revokes, or refuses to renew a
8-63     license at a hearing as provided by this article; or
8-64                 (2)  the applicant or license holder is dissatisfied
8-65     with another action of the commissioner.
8-66           Sec. 5A.  AUTOMATIC FINES.  (a)  To expedite the department's
8-67     processing of certain violations of this code, the commissioner may
8-68     establish by rule monetary fines for certain violations.
8-69     Violations for which the fines may be assessed include a failure
 9-1     to:
 9-2                 (1)  obtain the total number of continuing education
 9-3     hours before the  renewal date of the license;
 9-4                 (2)  timely report a change of address to the
 9-5     department; or
 9-6                 (3)  notify the department of an administrative action
 9-7     taken against the agent by another state's insurance regulator.
 9-8           (b)  This section may not be construed to limit the
 9-9     department's authority to take any other disciplinary action
9-10     against a license holder as provided under another provision of
9-11     this code.
9-12           (c)  If a person disputes the assessment of a fine under this
9-13     section, the matter is a contested case subject to Chapter 2001,
9-14     Government Code.
9-15           Sec. 6A.  ENFORCEMENT OF SUBCHAPTER.  The attorney general, a
9-16     district or county attorney, or the department acting through the
9-17     commissioner may institute an injunction proceeding or any other
9-18     proceeding to enforce this subchapter and to enjoin any person,
9-19     firm, corporation, or bank from engaging or attempting to engage in
9-20     the business of insurance in violation of this code or any other
9-21     insurance law of this state.  The provisions of this section are
9-22     cumulative of the other penalties or remedies provided by this
9-23     article.
9-24           SECTION 1.07.  Article 21.04, Insurance Code, is amended to
9-25     read as follows:
9-26           Art. 21.04.  LICENSE HOLDER [SOLICITOR] DEEMED COMPANY'S
9-27     AGENT.  Any person who solicits an application for life, accident,
9-28     or health insurance, or property or casualty insurance, shall, in
9-29     any controversy between the insured or the insured's beneficiary
9-30     and the company issuing any policy upon such application or between
9-31     the insured or the insured's dependents and that company, be
9-32     regarded as the agent of the company, and not the agent of the
9-33     insured, but such agent shall not have the power to waive, change
9-34     or alter any of the terms or conditions of the application or
9-35     policy.
9-36           SECTION 1.08.  Article 21.06, Insurance Code, is amended to
9-37     read as follows:
9-38           Art. 21.06.  AUTHORITY TO APPOINT [CERTIFICATES FOR] AGENTS.
9-39     Each [such] foreign or domestic insurance company shall, by
9-40     resolution of its board of directors, designate an [some] officer
9-41     or agent who is empowered to appoint or employ its agents [or
9-42     solicitors] in this State, and such officer or agent shall promptly
9-43     notify the department [Board] in writing of the name, title, and
9-44     address of each person so appointed or employed.  The authority of
9-45     that designee to act on behalf of the insurance company continues
9-46     in force [Upon receipt of this notice, the Board shall issue to him
9-47     a certificate which shall include a copy of the certificate of
9-48     authority authorizing the company requesting it to do business in
9-49     this State, and the name and title of the person to whom the
9-50     certificate is issued.  Such certificate], unless sooner revoked by
9-51     the commissioner [Board] for cause or cancelled at the request of
9-52     the insurance company, [employing the holder thereof, shall
9-53     continue in force] until the first day of March next after its
9-54     issuance, and must be renewed annually.
9-55           SECTION 1.09.  Section 1, Article 21.07, Insurance Code, is
9-56     amended to read as follows:
9-57           Sec. 1.  APPLICABILITY OF ARTICLE [ACT].  (a)  No person[,
9-58     corporation, or bank] shall act as an agent of any insurance
9-59     company, health maintenance organization, or [(i) local mutual aid
9-60     association, (ii) local mutual burial association, (iii) statewide
9-61     mutual assessment corporation, (iv) stipulated premium company,
9-62     (v) county mutual insurance company, (vi) casualty company writing
9-63     accident and health insurance, or (vii) any] other type of
9-64     insurance carrier licensed to do business in the State of Texas and
9-65     which insurance carrier's agents are required to be licensed under
9-66     the provisions of this subchapter [Article, on the date that this
9-67     Act shall become effective,] unless that person [individual or
9-68     entity] shall have first procured a license from the department as
9-69     [in this Article is] provided by this subchapter, and no such
 10-1    insurance carrier shall appoint any person[, corporation, or bank]
 10-2    to act as its agent unless such person[, corporation, or bank]
 10-3    shall have obtained a license under the provisions of this
 10-4    subchapter [Article], and no such person[, corporation, or bank]
 10-5    who obtains a license shall engage in business as an agent until
 10-6    that person [individual or entity] shall have been appointed to act
 10-7    as an agent by some duly authorized insurance carrier designated by
 10-8    the provisions of this code [Article] and authorized to do business
 10-9    in the State of Texas.  [Any person, corporation, or bank desiring
10-10    to act as an agent of any insurance carrier licensed to do business
10-11    in the State of Texas and writing health and accident insurance may
10-12    obtain a separate license as an agent to write health and accident
10-13    insurance provided such person, corporation, or bank complies with
10-14    the provisions of this Article and has been appointed to act as an
10-15    agent by some duly authorized insurance carrier authorized to do
10-16    health and accident insurance business in the State of Texas.]
10-17          (b)  The provisions of this subchapter do not apply to:
10-18                (1)  an actual full-time home office salaried employee
10-19    of an insurance carrier licensed to do business in this state,
10-20    other than an employee who solicits or receives an application for
10-21    the sale of insurance through an oral, written, or electronic
10-22    communication in accordance with Article 21.14 of this code;
10-23                (2)  an actual attorney in fact or the actual traveling
10-24    salaried representative of a reciprocal exchange or interinsurance
10-25    exchange admitted to do business in this state as to business
10-26    transacted through the attorney in fact or salaried representative;
10-27                (3)  the actual attorney in fact for a Lloyd's
10-28    association;
10-29                (4)  the group motor vehicle insurance business or the
10-30    group motor vehicle department of companies engaged in that
10-31    business; or
10-32                (5)  a salaried employee who is not involved in the
10-33    solicitation or negotiation of insurance in the office of a
10-34    licensed agent who devotes the employee's full time to clerical and
10-35    administrative services, including the incidental taking of
10-36    information from customers and receipt of premiums in the office of
10-37    a licensed agent, if the employee does not receive any commissions
10-38    and the employee's compensation is not varied by the volume of
10-39    premiums taken and received.  [No insurer or licensed insurance
10-40    agent doing business in this State shall pay directly or indirectly
10-41    any commission, or other valuable consideration, to any person,
10-42    corporation, or bank for services as an insurance agent within this
10-43    State, unless such person, corporation, or bank shall hold a
10-44    currently valid license to act as an insurance agent as required by
10-45    the laws of this State; nor shall any person, corporation, or bank
10-46    other than a duly licensed insurance agent, accept any such
10-47    commission or other valuable consideration; provided, however, that
10-48    the provisions of this Section shall not prevent the payment or
10-49    receipt of renewal or other deferred commissions to or by any
10-50    person solely because such person, corporation, or bank has ceased
10-51    to hold a license to act as an insurance agent.]
10-52          [(c)  A person who has had a license revoked under Section 10
10-53    of this Article may not solicit or otherwise transact business
10-54    under Chapter 10 of this code.]
10-55          SECTION 1.10.  Section 1A, Article 21.07, Insurance Code, is
10-56    amended to read as follows:
10-57          Sec. 1A.  DEFINITIONS.  Unless the context clearly indicates
10-58    otherwise, in [In] this subchapter:
10-59                (1)  "Agent" means a person who is an authorized agent
10-60    of an insurance company or health maintenance organization, any
10-61    person who is a sub-agent of an agent, and any other person who
10-62    performs the acts of an agent, whether through an oral, written, or
10-63    electronic communication or otherwise, in the solicitation of,
10-64    negotiation for, procurement of, or collection of premiums on an
10-65    insurance or annuity contract, or who represents or purports to
10-66    represent a health maintenance organization, including a health
10-67    maintenance organization offering only a single health care service
10-68    plan, in the solicitation of, negotiation for, procurement of, or
10-69    effectuation of membership in the health maintenance organization.
 11-1    The term does not include:
 11-2                      (A)  a regular salaried officer or employee of an
 11-3    insurance company, health maintenance organization, or insurance
 11-4    agent who:
 11-5                            (i)  devotes substantially all of the
 11-6    officer's or employee's time to activities other than the
 11-7    solicitation of applications for insurance, annuity contracts, or
 11-8    memberships;
 11-9                            (ii)  does not receive a commission or
11-10    other compensation directly dependent on the business obtained; and
11-11                            (iii)  does not solicit or accept from the
11-12    public applications for insurance, annuity contracts, or
11-13    memberships;
11-14                      (B)  an employer or an employer's officers or
11-15    employees or the trustees of an employee benefit plan, to the
11-16    extent that those employers, officers, employees, or trustees are
11-17    engaged in the administration or operation of any program of
11-18    employee benefits involving the use of insurance or annuities
11-19    issued by an insurance company or memberships issued by a health
11-20    maintenance organization, if those employers, officers, employees,
11-21    or trustees are not  compensated, directly or indirectly, by the
11-22    insurance company or health maintenance organization issuing the
11-23    insurance or annuity contracts or memberships;
11-24                      (C)  except as otherwise provided by this code, a
11-25    bank, a savings and loan association, or a credit union, or the
11-26    officers and employees of banks, savings and loan associations, or
11-27    credit unions, to the extent that those banks, savings and loan
11-28    associations, credit unions, or officers and employees collect and
11-29    remit premiums or charges by charging those premiums or charges
11-30    against accounts of depositors on the orders of those depositors;
11-31    or
11-32                      (D)  a person or the employee of a person who has
11-33    contracted to provide administrative, management, or health care
11-34    services to a health maintenance organization and who is
11-35    compensated for those services by the payment of an amount computed
11-36    as a percentage of the revenues, net income, or profit of the
11-37    health maintenance organization, if that method of compensation is
11-38    the sole basis for subjecting that person or the employee of the
11-39    person to this article.
11-40                (2)  "Bank" means:
11-41                      (A)  a national banking association organized and
11-42    existing under the National Bank Act (12 U.S.C. Section 21 et
11-43    seq.), as amended;
11-44                      (B)  a state bank organized and existing under
11-45    Subtitle A, Title 3, Finance Code;
11-46                      (C)  a state savings bank organized and existing
11-47    under Subtitle C, Title 3, Finance Code;
11-48                      (D)  a bank branch; or
11-49                      (E)  a bank operating subsidiary, as defined by
11-50    state or federal law.
11-51                (3)  "Control" means the power to direct or cause the
11-52    direction of the management and policies of a license holder,
11-53    whether directly or indirectly.  For the purposes of this
11-54    subchapter, a person is considered to control:
11-55                      (A)  a corporate license holder if the person,
11-56    individually or acting with others, directly or indirectly, holds
11-57    with the power to vote, owns, or controls, or holds proxies
11-58    representing, at least 10 percent of the voting stock or voting
11-59    rights of the corporate license holder; or
11-60                      (B)  a partnership if the person through a right
11-61    to vote or through any other right or power exercises rights in the
11-62    management, direction, or conduct of the business of the
11-63    partnership.
11-64                (4)  "Corporation" means a legal entity that is
11-65    organized under the business corporations laws or limited liability
11-66    company laws of this state, another state, or a territory of the
11-67    United States and that has as one of its purposes the authority to
11-68    act as an insurance agent.  The licensing and regulation of a
11-69    limited liability company is subject to all provisions of this
 12-1    subchapter that apply to a corporation licensed under this
 12-2    subchapter.
 12-3                (5)  "Individual" means  a natural person.  The term
 12-4    includes a resident or a nonresident of this state.
 12-5                (6)  "Insurance company," "insurance carrier," or
 12-6    "insurer" means an insurance company regulated by the department.
 12-7    The term includes:
 12-8                      (A)  any domestic or foreign, stock and mutual,
 12-9    life, health, or accident insurance company;
12-10                      (B)  any domestic or foreign, stock and mutual,
12-11    fire and casualty insurance company;
12-12                      (C)  a Mexican casualty company;
12-13                      (D)  a domestic or foreign Lloyd's plan insurer;
12-14                      (E)  a domestic or foreign reciprocal or
12-15    interinsurance exchange;
12-16                      (F)  a domestic or foreign fraternal benefit
12-17    society;
12-18                      (G)  a stipulated premium insurance company;
12-19                      (H)  a nonprofit or for-profit legal service
12-20    corporation;
12-21                      (I)  a statewide mutual assessment company;
12-22                      (J)  a local mutual aid association;
12-23                      (K)  a local mutual burial association;
12-24                      (L)  an exempt association under Article 14.17 of
12-25    this code;
12-26                      (M)  a nonprofit hospital, medical, or dental
12-27    service corporation, including a company subject to Chapter 20 of
12-28    this code;
12-29                      (N)  a health maintenance organization;
12-30                      (O)  a county mutual insurance company; or
12-31                      (P)  a farm mutual insurance company.
12-32                (7)  "Partnership" means an association of two or more
12-33    persons organized under the partnership laws or limited liability
12-34    partnership laws of this state, another state,  or a territory of
12-35    the United States.  The term includes a  general partnership,
12-36    limited partnership, limited liability partnership, and limited
12-37    liability limited partnership.
12-38                (8)  "Person" means an individual, partnership,
12-39    corporation, or bank.
12-40                (9)  "Sub-agent" means  any person, other than a
12-41    regular salaried officer or employee of an insurance company,
12-42    insurance carrier, or health maintenance organization, or of an
12-43    agent, engaging in activities described under Subdivision (1) of
12-44    this section who acts for or on behalf of an agent, whether through
12-45    an oral, written, or electronic communication or otherwise, in the
12-46    solicitation of, negotiation for, or procurement of an insurance or
12-47    annuity contract or health maintenance organization membership, or
12-48    the collection of premiums or charges on an insurance or annuity
12-49    contract or health maintenance organization membership, whether or
12-50    not the sub-agent is designated by the agent as a sub-agent or by
12-51    any other title.  A sub-agent is an agent, for all purposes of this
12-52    subchapter, and wherever the term "agent" is used in this chapter,
12-53    it includes sub-agents whether or not a sub-agent is specifically
12-54    mentioned.  A sub-agent must hold at least one of the licenses
12-55    issued to the agent for whom the sub-agent acts, but is not
12-56    required to hold each of those licenses [Article, "person" means an
12-57    individual or a general partnership composed of two or more
12-58    individuals or a limited liability partnership registered with the
12-59    Secretary of State under Section 3.08, Texas Revised Partnership
12-60    Act (Article 6132b-3.08, Vernon's Texas Civil Statutes).  The term
12-61    "partnership" or "agency partnership" as used in this Article means
12-62    a general partnership or a registered limited liability
12-63    partnership].
12-64          SECTION 1.11.  Section 2, Article 21.07, Insurance Code, is
12-65    amended to read as follows:
12-66          Sec. 2.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
12-67    ISSUED.  (a)  Any person[, corporation, or bank] that desires to
12-68    become an agent for an [a local mutual aid association, a local
12-69    mutual burial association, a statewide mutual assessment
 13-1    corporation, a stipulated premium company, a county mutual]
 13-2    insurance company or health maintenance organization[, a casualty
 13-3    company writing accident and health insurance, or any other type of
 13-4    insurance carrier licensed to do business in the State of Texas],
 13-5    the agents of which are required to be licensed under this
 13-6    subchapter [Article], shall submit to the department an application
 13-7    for a license in the form required by the department.
 13-8          (b)  Each applicant for a  license to act as an insurance
 13-9    agent in this state shall file with the commissioner a completed
13-10    application on forms developed by the department.  The commissioner
13-11    shall establish by rule the requirements for a properly completed
13-12    application.
13-13          (c)  The commissioner may not grant a license as an insurance
13-14    agent to write any form of insurance unless the department finds
13-15    that:
13-16                (1)  the applicant is or intends to be actively engaged
13-17    in the soliciting or writing of insurance for the public generally
13-18    and is to be actively engaged in the business of insurance; and
13-19                (2)  the application is not made to evade the laws
13-20    against rebating and discrimination, either for the applicant or
13-21    for some other person.
13-22          (d)  This section does not prohibit an applicant insuring
13-23    property that the applicant owns or in which the applicant has an
13-24    interest, but it is the intent of this section to prohibit coercion
13-25    of insurance and to preserve to each individual the right to choose
13-26    that individual's own agent or insurance company, and to prohibit
13-27    the licensing of a person to engage in the insurance business
13-28    principally to handle business that the applicant controls only
13-29    through ownership, mortgage or sale, family relationship, or
13-30    employment.  An applicant for an original license must have a bona
13-31    fide intention to engage in business in which, in any calendar
13-32    year, at least 25 percent of the total volume of premiums is
13-33    derived from persons other than the applicant and from property
13-34    other than that on which the applicant controls the placing of
13-35    insurance through ownership, mortgage, sale, family relationship,
13-36    or employment.
13-37          (e)  The department may not deny a license application solely
13-38    on the ground that the applicant will act only part-time as an
13-39    agent.
13-40          (f)  The [application must bear a signed endorsement by an
13-41    officer or properly authorized representative of the insurance
13-42    carrier that the individual applicant or each member of the
13-43    partnership or each officer, director, and shareholder of the
13-44    corporation or the responsible officer and employee of the bank is
13-45    qualified to hold that individual or the partnership, the
13-46    corporation, or the bank out in good faith to the general public as
13-47    an insurance agent, and that the insurance carrier desires that the
13-48    applicant act as an insurance agent to represent it in this State.]
13-49          [(c)  The] department shall issue a license to an individual
13-50    to engage [or to a general partnership engaging] in the business of
13-51    insurance if the department finds that the individual:
13-52                (1)  is at least 18 years of age;
13-53                (2)  has passed the licensing examination required
13-54    under Article 21.01-1 of this code within the past 12 months;
13-55                (3)  has not committed an act for which a license may
13-56    be denied under Article 21.01-2 of this code; and
13-57                (4)  has submitted the application, appropriate fees,
13-58    and any other information required by the department.
13-59          (g)  An individual agent licensed under Section 2, Article
13-60    21.07-1, of this code or Section 2, Article 21.14, of this code who
13-61    is operating as an individual agent and who is not covered by an
13-62    errors and omissions insurance policy of a general agency or
13-63    corporation shall certify to the department that the agent will
13-64    maintain the ability to pay any amount that the individual agent
13-65    might become legally obligated to pay due to any claim made against
13-66    the agent by a customer and caused by a negligent act, error, or
13-67    omission of the individual agent or any person for whose acts the
13-68    individual agent is legally liable in the conduct of business under
13-69    this code.  For purposes of this subsection, the term "customer"
 14-1    means a person, including a firm or corporation, to whom the
 14-2    individual agent sells or attempts to sell a policy of insurance,
 14-3    or from whom the individual agent accepts an application for
 14-4    insurance.  The individual agent shall maintain proof of the
 14-5    ability to pay the amount through:
 14-6                (1)  an errors and omissions policy insuring the
 14-7    individual agent against errors and omissions in at least the sum
 14-8    of $250,000 with a deductible of not more than $10,000 issued by an
 14-9    insurance company licensed to do business in this state or, if a
14-10    policy cannot be obtained from a company licensed to do business in
14-11    this state, a policy issued by a company not licensed to do
14-12    business in this state after filing an affidavit with the
14-13    department stating the inability to obtain coverage and receiving
14-14    the commissioner's approval; or
14-15                (2)  a bond executed by the individual agent as
14-16    principal and a surety company authorized to do business in this
14-17    state, as surety, in the principal sum of $25,000, payable to the
14-18    department for the use and benefit of customers of the individual
14-19    agent, and conditioned that the individual agent shall pay any
14-20    final judgment recovered against the agent by a customer.
14-21          (h)  A binding commitment to issue a policy or bond described
14-22    by Subsection (g) of this section is sufficient in connection with
14-23    an application for a license.  An individual agent licensed under
14-24    both Articles 21.07-1 and 21.14 of this code is only required to
14-25    maintain one errors and omissions policy or bond to comply with
14-26    Subsection (g) of this section.
14-27          (i)  An individual engaging in the business of insurance as a
14-28    sole proprietorship under the authority of a license issued under
14-29    this subchapter may incorporate, but the corporation does not have
14-30    greater license authority than that granted to the license holder
14-31    in the holder's individual capacity.
14-32          (j)  Each individual license holder shall notify the
14-33    department on a monthly basis of:
14-34                (1)  a change of the license holder's mailing address;
14-35                (2)  a conviction of the license holder of a felony; or
14-36                (3)  an administrative action taken against the license
14-37    holder by the insurance regulator of another state [partner in the
14-38    partnership must be licensed individually as an agent under this
14-39    Article].
14-40          (k) [(d)]  The department shall issue a license to a
14-41    corporation or partnership if the department finds that:
14-42                (1)  [That] the corporation or partnership is:
14-43                      (A)  organized under the laws of this state or
14-44    any other state or territory of the United States;
14-45                      (B)  admitted to conduct business in this state
14-46    by the secretary of state, if so required; and
14-47                      (C)  authorized by its articles of incorporation
14-48    or its partnership agreement to act as an insurance agent [a Texas
14-49    corporation organized or existing under the Texas Business
14-50    Corporation Act or the Texas Professional Corporation Act (Article
14-51    1528e, Vernon's Texas Civil Statutes) having its principal place of
14-52    business in the State of Texas and having as one of its purposes
14-53    the authority to act as an agent covered by this Article];
14-54                (2)  the corporation or partnership meets the
14-55    definition of that entity adopted under Section 1A of this article;
14-56    [That every officer, director, and shareholder of the corporation
14-57    is individually licensed under the provisions of this Article, or
14-58    that every officer and director of the corporation is individually
14-59    licensed under this Article, that the corporation is a wholly owned
14-60    subsidiary of a parent corporation that is licensed under this
14-61    Article, and that every shareholder of the parent corporation is
14-62    individually licensed under this Article; and]
14-63                (3)  at least one officer of the corporation or one
14-64    active partner of the partnership and all other persons performing
14-65    any acts of an agent on behalf of the corporation or partnership in
14-66    this state are individually licensed by the department separately
14-67    from the corporation or partnership;
14-68                (4)  the [That such] corporation or partnership will
14-69    have the ability to pay any sums up to $25,000 which it might
 15-1    become legally obligated to pay on account of any claim made
 15-2    against it by any customer and caused by any negligent act, error,
 15-3    or omission of the corporation or partnership or any person for
 15-4    whose acts the corporation or partnership is legally liable in the
 15-5    conduct of its business under this code [Article].  The term
 15-6    "customer" means any person, firm, or corporation to whom such
 15-7    corporation or partnership sells or attempts to sell a policy of
 15-8    insurance, or from whom such corporation or partnership accepts an
 15-9    application for insurance.  Such ability shall be maintained
15-10    [proven] in one of the following ways:
15-11                      (A)  an errors and omissions policy insuring such
15-12    corporation or partnership against errors and omissions in at least
15-13    the sum of $250,000 [$100,000] with no more than a $10,000
15-14    deductible feature issued by an insurance company licensed to do
15-15    business in this state [the State of Texas] or, if a policy cannot
15-16    be obtained from a company licensed to do business in this state
15-17    [Texas], a policy issued by a company not licensed to do business
15-18    in this state after [Texas on] filing an affidavit with the
15-19    department stating the inability to obtain coverage and receiving
15-20    the commissioner's approval; or
15-21                      (B)  a bond executed by such corporation or
15-22    partnership as principal and a surety company authorized to do
15-23    business in this state [State], as surety, in the principal sum of
15-24    $25,000, payable to the department for the use and benefit of
15-25    customers of such corporation or partnership, conditioned that such
15-26    corporation or partnership shall pay any final judgment recovered
15-27    against it by any customer[; or]
15-28                      [(C)  a deposit of cash or securities of the
15-29    class authorized by Articles 2.08 and 2.10, Insurance Code, as
15-30    amended, having a fair market value of $25,000 with the
15-31    comptroller.  The comptroller is directed to accept and receive
15-32    such deposit and hold it exclusively for the protection of any
15-33    customer of such corporation recovering a final judgment against
15-34    such corporation.  Such deposit may be withdrawn only upon filing
15-35    with the department evidence satisfactory to it that the
15-36    corporation has withdrawn from business and has no unsecured
15-37    liabilities outstanding, or that such corporation has provided for
15-38    the protection of its customers by furnishing an errors and
15-39    omissions policy or a bond as provided.  Securities so deposited
15-40    may be exchanged from time to time for other qualified securities].
15-41    A binding commitment to issue such a policy or bond[, or the tender
15-42    of such securities,] shall be sufficient in connection with any
15-43    application for license;
15-44                (5)  the corporation or partnership intends to be
15-45    actively engaged in the business of insurance as required under
15-46    Subsection (c) of this section;
15-47                (6)  each location from which the corporation or
15-48    partnership will conduct its Texas business under authority of an
15-49    insurance license is separately registered with the department;
15-50                (7)  the corporation or partnership has submitted the
15-51    application, appropriate fees, and any other information required
15-52    by the department; and
15-53                (8)  an officer, director, member, manager, partner, or
15-54    any other person who has the right or ability to control the
15-55    license holder has not:
15-56                      (A)  had a license suspended or revoked or been
15-57    the subject of any other disciplinary action by the insurance
15-58    regulator of this or any other state; or
15-59                      (B)  committed an act for which a license may be
15-60    denied under Article 21.01-2 of this code.
15-61          (l)  Nothing contained in this section [herein] shall be
15-62    construed to permit any unlicensed employee or agent of any
15-63    corporation or partnership to perform any act of an agent under
15-64    this subchapter [Article] without obtaining a license.
15-65          (m)  [If at any time, any corporation holding an agent's
15-66    license does not maintain the qualifications necessary to obtain a
15-67    license, the license of such corporation to act as an agent shall
15-68    be cancelled or denied in accordance with the provisions of
15-69    Sections 10 and 11 of this Article; provided, however, that should
 16-1    any person who is not a licensed agent under this Article acquire
 16-2    shares in such a corporation by devise or descent, that person
 16-3    shall have a period of 90 days from date of acquisition within
 16-4    which to obtain a license or to dispose of the shares to a person
 16-5    licensed under this Article.]
 16-6          [Should such an unlicensed person acquire shares in a
 16-7    corporation and not dispose of them within a period of 90 days to a
 16-8    licensed agent, then they must be purchased by the corporation for
 16-9    their book value, that is, the value of said shares of stock as
16-10    reflected by the regular books and records of said corporation, as
16-11    of the date of the acquisition of said shares by said unlicensed
16-12    person.  Should the corporation fail or refuse to so purchase such
16-13    shares, its license shall be cancelled.]
16-14          [Any such corporation shall have the power to redeem the
16-15    shares of any shareholder, or the shares of a deceased shareholder,
16-16    upon such terms as may be agreed upon by the board of directors and
16-17    such shareholder or such shareholder's personal representative, or
16-18    at a price and upon such terms as may be provided in the articles
16-19    of incorporation, the bylaws, or an existing contract entered into
16-20    between the shareholders of the corporation.]
16-21          Each corporation or partnership licensed as an agent under
16-22    this subchapter [Article] shall file, under oath, on a form
16-23    developed by the department, biographical information for each [a
16-24    list of the names and addresses of all] of its executive officers
16-25    and[,] directors or unlicensed partners who administer the entity's
16-26    operations in this state, and shareholders who are in control of
16-27    the corporation, or any other partners who have the right or
16-28    ability to control the partnership.  If any corporation or
16-29    partnership is owned, in whole or in part, by another entity, a
16-30    biographical form is required for each individual who is in control
16-31    of the parent entity[, and shareholders with its application for
16-32    renewal license].
16-33          (n)  Each corporation or partnership shall notify the
16-34    department on a monthly basis of:
16-35                (1)  the addition or removal of licensed agents
16-36    employed by the corporation or partnership to perform any act of an
16-37    agent in this state;
16-38                (2)  a felony conviction of a licensed agent of the
16-39    entity or any individual associated with the corporation or
16-40    partnership who is required to file biographical information with
16-41    the department;
16-42                (3)  an event that would require notification under
16-43    Article 1.30 of this code; and
16-44                (4)  the addition or removal of an officer, director,
16-45    partner, member, or manager.
16-46          (o)  The department shall issue a license to a bank in the
16-47    manner provided for the licensing of a corporation under this
16-48    section.
16-49          (p)  A person may not acquire in any manner any ownership
16-50    interest in an entity licensed as an agent under this subchapter if
16-51    the person is, or after the acquisition would be, directly or
16-52    indirectly, in control of the license holder, or otherwise acquire
16-53    control of or exercise any control over the license holder, unless
16-54    the person has filed the following information with the department
16-55    under oath:
16-56                (1)  a biographical form for each person by whom or on
16-57    whose behalf the acquisition of control is to be effected;
16-58                (2)  a statement certifying that no person who is
16-59    acquiring an ownership interest in or control of the license holder
16-60    has been the subject of a disciplinary action taken by any state
16-61    insurance regulator;
16-62                (3)  a statement certifying that, immediately on the
16-63    change of control, the license holder will be able to satisfy the
16-64    requirements for the issuance of the license to solicit the line or
16-65    lines of insurance for which it is licensed; and
16-66                (4)  any additional information that the commissioner
16-67    may by rule prescribe as necessary or appropriate to the protection
16-68    of the insurance consumers of this state or as in the public
16-69    interest.
 17-1          (q)  If a person required to file a statement under
 17-2    Subsection (p) of this section is a partnership, limited
 17-3    partnership, syndicate, or other group, the commissioner may
 17-4    require that the information required by Subdivisions (1)-(4) of
 17-5    that subsection for an individual be provided regarding each
 17-6    partner of the partnership or limited partnership, each member of
 17-7    the syndicate or group, and each person who controls the partner or
 17-8    member.  If the partner, member, or person is a corporation or the
 17-9    person required to file the statement under Subsection (p) of this
17-10    section is a corporation, the commissioner may require that the
17-11    information required by Subdivisions (1)-(4) of that subsection be
17-12    provided regarding:
17-13                (1)  the corporation;
17-14                (2)  each individual who is an executive officer or
17-15    director of the corporation; and
17-16                (3)  each person who is directly or indirectly the
17-17    beneficial owner of more than 10 percent of the outstanding voting
17-18    securities of the corporation.
17-19          (r)  The department may disapprove an acquisition of control
17-20    if, after notice and opportunity for hearing, the commissioner
17-21    determines that:
17-22                (1)  immediately on the change of control the license
17-23    holder would not be able to satisfy the requirements for the
17-24    issuance of the license to solicit the line or lines of insurance
17-25    for which it is presently licensed;
17-26                (2)  the competence, trustworthiness, experience, and
17-27    integrity of the persons who would control the operation of the
17-28    license holder are such that it would not be in the interest of the
17-29    insurance consumers of this state to permit the acquisition of
17-30    control; or
17-31                (3)  the acquisition of control would violate this code
17-32    or another law of this state, another state, or the United States.
17-33          (s)  Notwithstanding Subsection (q) of this section, a change
17-34    in control is considered approved if the department has not
17-35    proposed to deny the requested change before the 91st day after the
17-36    date of receipt by the department of all information required by
17-37    this section.
17-38          (t)  The commissioner shall be the corporation's or
17-39    partnership's attorney for service of process on whom all lawful
17-40    process, notice, or demand may be served in any legal proceeding
17-41    against the corporation or partnership if:
17-42                (1)  the corporation or partnership licensed to
17-43    transact business in this state fails to appoint or maintain an
17-44    attorney for service in this state;
17-45                (2)  an attorney for service cannot with reasonable
17-46    diligence be found; or
17-47                (3)  the license of a corporation or partnership is
17-48    revoked.
17-49          (u)  If a corporation or partnership that holds an agent's
17-50    license does not maintain the qualifications necessary for issuance
17-51    of the license, the department shall deny, revoke, or suspend the
17-52    license of the corporation or partnership to act as an agent as
17-53    provided by Article 21.01-2 of this code.
17-54          [Each corporation shall notify the department upon any change
17-55    in its officers, directors, or shareholders not later than the 30th
17-56    day after the date on which the change becomes effective.]
17-57          [Except as provided by Subdivision (2) of this subsection, a
17-58    corporation may not own any interest in another corporation
17-59    licensed under this Article, and each owner of an interest in a
17-60    corporation licensed under this Article shall be a natural person
17-61    who holds a valid license issued under this Article.]
17-62          [(e)  The department shall issue a license to a bank if the
17-63    department finds that:]
17-64                [(1)  the bank satisfies the definition of Section 1C
17-65    of this Article;]
17-66                [(2)  at least one officer of the bank and each
17-67    individual who will be performing any acts as an agent for the bank
17-68    are individually licensed under this Article; and]
17-69                [(3)  the bank will have the ability to pay any sums up
 18-1    to $25,000 that it might become legally obligated to pay on account
 18-2    of any claim made against it by a customer and caused by a
 18-3    negligent act, error, or omission of the bank or any person for
 18-4    whose acts the bank is legally liable in the conduct of its
 18-5    business under this Article.  The term "customer" means any person,
 18-6    firm, or corporation to whom the bank sells or attempts to sell a
 18-7    policy of insurance or from whom the bank accepts an application
 18-8    for insurance.  That ability shall be proven through:]
 18-9                      [(A)  an errors and omissions policy insuring the
18-10    bank against errors and omissions in at least the sum of $100,000
18-11    with not more than a $10,000 deductible feature, issued by an
18-12    insurance company licensed to do business in this state or, if a
18-13    policy cannot be obtained from a company licensed to do business in
18-14    this state, a policy issued by a company not licensed to do
18-15    business in this state on filing an affidavit with the department
18-16    stating the inability to obtain coverage and receiving the
18-17    department's approval;]
18-18                      [(B)  a bond executed by the bank as principal
18-19    and a surety company authorized to do business in this state, as
18-20    surety, in the principal sum of $25,000, payable to the department
18-21    for the use and benefit of customers of the bank, conditioned that
18-22    the bank shall pay any final judgment recovered against it by a
18-23    customer; or]
18-24                      [(C)  a deposit with the comptroller of cash or
18-25    securities of the class authorized by Articles 2.08 and 2.10 of
18-26    this code, with a fair market value of $25,000.  The comptroller
18-27    shall accept and receive the deposit and hold it exclusively for
18-28    the protection of a customer of the bank who recovers a final
18-29    judgment against the bank.  The deposit may be withdrawn only on
18-30    filing with the department satisfactory evidence that the bank has
18-31    withdrawn from the business of insurance and has no unsecured
18-32    liabilities outstanding or that the bank has provided for the
18-33    protection of its customers by furnishing an errors and omissions
18-34    policy or a bond as provided by this subdivision.  Securities so
18-35    deposited may be exchanged from time to time for other qualified
18-36    securities.]
18-37          [A binding commitment to issue such a policy or bond, or the
18-38    tender of applicable securities, is sufficient in connection with
18-39    an application for license.]
18-40          [Nothing in this subsection permits an unlicensed employee or
18-41    agent of a bank to perform any act of an agent under this Article
18-42    without obtaining a license.]
18-43          [A bank licensed as an agent under this Article may have
18-44    additional offices from which the business of insurance is
18-45    conducted only in a place with a population of 5,000 or less and
18-46    must comply with the department's regulations regarding additional
18-47    offices.]
18-48          [A bank licensed as an agent under this Article must maintain
18-49    the insurance records of the bank, including all files relating to
18-50    customer complaints, separate from records relating to the banking
18-51    transactions of the bank.]
18-52          [If at any time, a bank that holds an agent's license does
18-53    not maintain the qualifications necessary to obtain a license, the
18-54    license of that bank to act as an agent shall be canceled or denied
18-55    in accordance with Sections 10 and 11 of this Article.]
18-56          [Each bank licensed as an agent under this Article shall file
18-57    under oath with its application for license renewal a list of the
18-58    name and address of each individual who will be acting as an agent
18-59    on behalf of the bank and of each officer and director of the bank,
18-60    as defined by Article 21.02 of this code, and other biographical
18-61    information as required by the department.]
18-62          [Each bank shall notify the department of any change in its
18-63    officers and directors, and any change in other persons who will be
18-64    acting as agents, as defined by Article 21.02 of this code, and
18-65    submit biographical information on those officers, directors, and
18-66    persons as required by the department not later than the 30th day
18-67    after the date on which the change takes effect.]
18-68          SECTION 1.12.  Article 21.07, Insurance Code, is amended by
18-69    adding Section 3A to read as follows:
 19-1          Sec. 3A.  TEMPORARY LICENSE.  (a)  The department may issue a
 19-2    temporary agent's license to an applicant for a license under
 19-3    Section 2 of this article who is being considered for appointment
 19-4    as an agent by an insurer or health maintenance organization.  An
 19-5    applicant for a temporary license is not required to pass a written
 19-6    examination.  A temporary license is valid for the 90 days after
 19-7    the date of issuance.  The department shall issue a temporary
 19-8    license immediately on receipt by the department of a properly
 19-9    completed application executed by the  person in the form required
19-10    by Section 2 of this article, accompanied by the nonrefundable
19-11    filing fee set by the department and a certificate signed by an
19-12    officer or properly authorized representative of the insurer or
19-13    health maintenance organization stating that:
19-14                (1)  the applicant is being considered for appointment
19-15    by the insurer or health maintenance organization as its full-time
19-16    agent;
19-17                (2)  the insurer or health maintenance organization
19-18    desires that the applicant be issued a temporary license; and
19-19                (3)  the applicant will complete, under the insurer's
19-20    or health maintenance organization's supervision, at least 40 hours
19-21    of training as prescribed by Subsection (h) of this section not
19-22    later than the 14th day after the date on which the application,
19-23    certificate, and nonrefundable fee are delivered or mailed to the
19-24    department.
19-25          (b)  If the temporary license is not received from the
19-26    department before the eighth day after the date on which the
19-27    application, certificate, and nonrefundable fee are delivered or
19-28    mailed to the department and the insurer or health maintenance
19-29    organization has not been notified that the application is denied,
19-30    the insurer or health maintenance organization may assume that the
19-31    temporary license will be issued in due course and the applicant
19-32    may proceed to act as an agent.
19-33          (c)  A temporary license may not be renewed or issued more
19-34    than once in a consecutive six-month period to the same applicant.
19-35          (d)  A temporary license may not be granted to a person who
19-36    does not intend to apply for a license to sell insurance or
19-37    memberships to the public generally.
19-38          (e)  A temporary license may not be used to obtain
19-39    commissions from sales made to persons who have family, employment,
19-40    or business relationships with the temporary license holder.  An
19-41    insurer or health maintenance organization may not knowingly pay,
19-42    directly or indirectly, to the holder of a temporary license under
19-43    this section, and a temporary license holder may not receive or
19-44    accept, a commission on the sale of a contract of insurance or
19-45    membership covering:
19-46                (1)  the temporary license holder;
19-47                (2)  a person related to the temporary license holder
19-48    by consanguinity or affinity;
19-49                (3)  a person who is or has been during the past six
19-50    months the temporary license holder's employer, either as an
19-51    individual or as a member of a partnership, association, firm, or
19-52    corporation; or
19-53                (4)  a person who is or who has been during the past
19-54    six months the employee of the temporary license holder.
19-55          (f)  A person who has been issued a temporary license under
19-56    this section and is acting under the authority of the temporary
19-57    license may not engage in any insurance solicitation, sale, or
19-58    other agency transaction that results in or is intended to result
19-59    in the replacement of any existing individual life insurance policy
19-60    form or annuity contract that is in force, or receive, directly or
19-61    indirectly, any commission or other compensation that may or does
19-62    result from such a solicitation, sale, or other agency transaction.
19-63    A person who holds a permanent license may not circumvent or
19-64    attempt to circumvent the intent of this subsection by acting for
19-65    or with a person holding a temporary license.  As used in this
19-66    subsection, "replacement" means a transaction in which a new life
19-67    insurance or annuity contract is to be purchased, and it is known
19-68    or should be known to the temporary agent that by reason of the
19-69    solicitation, sale, or other transaction the existing life
 20-1    insurance or annuity contract has been or is to be:
 20-2                (1)  lapsed, forfeited, surrendered, or otherwise
 20-3    terminated;
 20-4                (2)  converted to reduced paid-up insurance, continued
 20-5    as extended term insurance, or otherwise reduced in value by the
 20-6    use of nonforfeiture benefits or other policy values;
 20-7                (3)  amended so as to effect either a reduction in
 20-8    benefits or in the term for which coverage would otherwise remain
 20-9    in force or for which benefits would be paid;
20-10                (4)  reissued with any reduction in cash value; or
20-11                (5)  pledged as collateral or subjected to borrowing,
20-12    whether in a single loan or under a schedule of borrowing over a
20-13    period of time, for amounts in the aggregate exceeding 25 percent
20-14    of the loan value set forth in the policy.
20-15          (g)  The department may cancel, suspend, or revoke the
20-16    temporary appointment powers of an insurer or health maintenance
20-17    organization if, after notice and opportunity for hearing, the
20-18    commissioner finds that that insurer or health maintenance
20-19    organization has abused the temporary appointment powers.  An
20-20    appeal from the department's decision is subject to Article 1.04 of
20-21    this code.  In considering whether abuse has occurred, the
20-22    department may consider:
20-23                (1)  the number of temporary appointments made;
20-24                (2)  the percentage of appointees sitting for
20-25    examination as agents under this article, as provided by Subsection
20-26    (j) of this section; and
20-27                (3)  the number of appointees who pass the examination.
20-28          (h)  The insurer or health maintenance organization shall
20-29    administer at least 40 hours of training to each applicant for a
20-30    temporary license not later than the 14th day after the date on
20-31    which the application, certificate, and nonrefundable fee are
20-32    delivered or mailed to the department.  At least 10 hours must be
20-33    taught in a classroom setting, including an accredited college,
20-34    university, junior college, or community college, a business
20-35    school, or a private institute or classes sponsored by the insurer
20-36    or health maintenance organization and especially established for
20-37    this purpose.  The training program must be designed to provide an
20-38    applicant with  basic knowledge of:
20-39                (1)  the broad principles of insurance, including the
20-40    licensing and regulatory laws of this state;
20-41                (2)  the broad principles of health maintenance
20-42    organizations, including membership requirements and related
20-43    licensing and regulatory laws of this state; and
20-44                (3)  the ethical obligations and duties of an agent.
20-45          (i)  If the commissioner finds under Subsection (g) of this
20-46    section that an abuse of temporary appointment powers has occurred,
20-47    the commissioner may require the affected insurer or health
20-48    maintenance organization to file with the department a description
20-49    of the insurer's or health maintenance organization's training
20-50    program and may require the insurer or health maintenance
20-51    organization to obtain the approval of the department before
20-52    continuing to use the training program.
20-53          (j)  Each insurer or health maintenance organization shall
20-54    ensure that, during any two consecutive calendar quarters, at least
20-55    70 percent of the insurer's or health maintenance organization's
20-56    applicants for temporary licenses sit for the required licensing
20-57    examination.  At least 50 percent of the applicants taking the
20-58    examination must pass during that period.
20-59          (k)  An insurer or health maintenance organization may not
20-60    make more than 250 appointments of temporary license holders during
20-61    a calendar year.
20-62          SECTION 1.13.  Section 6, Article 21.07, Insurance Code, is
20-63    amended to read as follows:
20-64          Sec. 6.  FILING OF [AGENT MAY BE LICENSED TO REPRESENT]
20-65    ADDITIONAL APPOINTMENTS [INSURERS].  (a)  Except as specifically
20-66    prohibited by another provision of this code, an [Any] agent
20-67    licensed under this subchapter [Article] may represent and act as
20-68    an agent for more than one insurance carrier at any time while the
20-69    agent's license is in force, if the agent so desires.  Any such
 21-1    agent and the insurance carrier involved shall file with the
 21-2    department [must give notice to the State Board of Insurance of]
 21-3    any additional appointment [or appointments] authorizing the agent
 21-4    to act as agent for an additional insurance carrier or carriers not
 21-5    later than the 30th day after the  effective date of the
 21-6    appointment.  The filing [Such notice] must include:
 21-7                (1)  [be accompanied by] a certificate from the [each]
 21-8    insurance carrier to be named in the [each] additional appointment
 21-9    that states[, and must state] that the [said] insurance company
21-10    desires to appoint the applicant as its agent;
21-11                (2)  [.  This notice shall also contain such] other
21-12    information as the commissioner [State Board of Insurance] may
21-13    require; and
21-14                (3)  [.  The agent shall be required to pay] a
21-15    nonrefundable fee in an amount [not to exceed $16 as] determined by
21-16    the commissioner [State Board of Insurance] for each additional
21-17    appointment for which the insurance carrier applies [applied for,
21-18    which fee shall accompany the notice.  If approval of the
21-19    additional appointment is not received from the State Board of
21-20    Insurance before the eighth day after the date on which the
21-21    completed application and fee were received by the Board, the agent
21-22    and the insurance carrier, in the absence of notice of disapproval,
21-23    may assume that the Board approves the application, and the agent
21-24    may act for the insurance carrier].
21-25          (b)  An appointment made under this Article to authorize an
21-26    agent to act as an agent for an insurance carrier continues in
21-27    effect without the necessity of renewal until it is terminated or
21-28    [and] withdrawn by the insurance carrier or agent.  If the agent is
21-29    terminated for cause, the insurance carrier shall follow the
21-30    procedures established under Section 6B of [as provided by this
21-31    section or is otherwise terminated in accordance with] this
21-32    Article.  Each renewal license issued to the agent authorizes the
21-33    agent to represent and act for the insurance carriers for which the
21-34    agent holds an appointment until the appointment is terminated or
21-35    withdrawn, and that agent is considered to be the agent of the
21-36    appointing insurance carriers for the purposes of this code
21-37    [Article].
21-38          (c)  An agent appointed under this section may act on behalf
21-39    of the appointing carrier before the department receives the filing
21-40    made under this section.
21-41          (d)  A person acting as a sub-agent is not required to be
21-42    separately appointed by each insurance carrier that has appointed
21-43    the licensed person who has designated the sub-agent in writing to
21-44    the department.  Termination of the sub-agent by the licensed
21-45    person shall be reported promptly to the department and terminates
21-46    the sub-agent's authority to act for the licensed person and that
21-47    person's insurance carriers.
21-48          SECTION 1.14.  Article 21.07, Insurance Code, is amended by
21-49    adding Sections 6B, 6C, 6D, and 6E to read as follows:
21-50          Sec. 6B.  INSURANCE CARRIER TO NOTIFY DEPARTMENT OF
21-51    TERMINATION OF CONTRACT; COMMUNICATION PRIVILEGED.  (a)  Each
21-52    insurance carrier shall, on termination of the appointment of an
21-53    agent for cause, immediately file with the department a statement
21-54    of the facts relating  to the termination of the appointment and
21-55    the date and cause of the termination.  On receipt of the statement
21-56    the department shall record the termination of the appointment of
21-57    that agent to represent the insurance carrier in this state.
21-58          (b)  A document, record, statement, or other information
21-59    required to be made or disclosed to the department under this
21-60    section is a privileged and confidential communication and is not
21-61    admissible in evidence in any court action or proceeding except
21-62    under a subpoena issued by a court of record.
21-63          (c)  An insurance carrier, an employee or agent of the
21-64    carrier, or any other person, acting without malice, is not liable
21-65    for providing the information required to be disclosed under this
21-66    section.
21-67          Sec. 6C.  FEES; USE OF FUNDS.  (a)  The department shall
21-68    collect from each agent of an insurance carrier writing insurance
21-69    in this state under this code a nonrefundable license fee and a
 22-1    nonrefundable appointment fee for each appointment by an insurance
 22-2    carrier.  These fees, together with examination fees, license fees,
 22-3    and license renewal fees, shall be deposited to the credit of the
 22-4    Texas Department of Insurance operating fund.
 22-5          (b)  The department may use any portion of the fees collected
 22-6    to enforce this subchapter, may employ persons as it considers
 22-7    necessary to investigate and make reports regarding alleged
 22-8    violations of this code and misconduct on the part of agents, and
 22-9    may pay the salaries and expenses of those persons and office
22-10    employees and other expenses necessary to enforce this subchapter
22-11    from the fees collected.  A person employed by the department under
22-12    this section may administer the oath and examine under oath any
22-13    person considered necessary in gathering information and evidence
22-14    and may have that information and evidence reduced to writing if
22-15    considered necessary, and all such expenses shall be paid from the
22-16    fees.
22-17          (c)  The department shall set the fees in amounts reasonable
22-18    and necessary to implement this subchapter.
22-19          Sec. 6D.  DUPLICATE LICENSE FEE.  The department shall
22-20    collect in advance from an agent requesting a duplicate license a
22-21    fee in an amount set by the department.  The fee collected under
22-22    this section shall be deposited to the credit of the Texas
22-23    Department of Insurance operating fund.
22-24          Sec. 6E.  REQUIREMENT TO APPOINT SUB-AGENT.  If a general
22-25    life, accident, and health agent or general property and casualty
22-26    agent who has been appointed by an insurance carrier that has a
22-27    permit to do business in this state desires to appoint a sub-agent
22-28    in the operation of an insurance business, the general agent shall
22-29    submit to the department in writing, in the form prescribed by the
22-30    department, notice of the sub-agent's appointment.  The notice must
22-31    be accompanied by a nonrefundable fee in an amount determined by
22-32    the commissioner.
22-33              ARTICLE 2.  LIFE, ACCIDENT, AND HEALTH LICENSES
22-34          SECTION 2.01.  Subchapter A, Chapter 21, Insurance Code, is
22-35    amended by adding Article 21.07-1 to read as follows:
22-36          Art. 21.07-1.  TEXAS LIFE, ACCIDENT, AND HEALTH AGENTS
22-37    LICENSE ACT
22-38          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
22-39    cited as the Texas Life, Accident, and Health Agents License Act.
22-40          (b)  Each agent of an insurance company authorized to provide
22-41    life, accident, and health insurance coverage in this state is
22-42    subject to this article.  This article applies to each person who:
22-43                (1)  performs the acts of an agent, as defined by
22-44    Article 21.02 of this code, whether through oral, written, or
22-45    electronic communications or otherwise, by the solicitation of,
22-46    negotiation for, procurement of, or collection of premiums on an
22-47    insurance or annuity contract offered by any type of insurance
22-48    carrier authorized to sell life, accident, and health insurance
22-49    products in this state; or
22-50                (2)  represents or purports to represent a health
22-51    maintenance organization in the solicitation, negotiation,
22-52    procurement, or effectuation of membership in the health
22-53    maintenance organization.
22-54          Sec. 2.  GENERAL LIFE, ACCIDENT, AND HEALTH LICENSE; LICENSE
22-55    REQUIRED.  (a)  A general life, accident, and health license is
22-56    required for each person who acts as:
22-57                (1)  an agent writing life, accident, and health
22-58    insurance for a life insurance company;
22-59                (2)  an agent writing only accident and health
22-60    insurance;
22-61                (3)  an agent representing a health maintenance
22-62    organization;
22-63                (4)  an agent writing fixed or variable annuity
22-64    contracts or variable life contracts;
22-65                (5)  an industrial life insurance agent for an
22-66    industrial company that writes only weekly premium life insurance
22-67    on a debit basis under Article 3.52 of this code;
22-68                (6)  an agent writing:
22-69                      (A)  only life insurance in excess of $15,000 on
 23-1    any one life for a stipulated premium insurance company;
 23-2                      (B)  only accident and health insurance for a
 23-3    stipulated premium insurance company; or
 23-4                      (C)  both types of insurance described by
 23-5    Paragraphs (A) and (B) of this subdivision;
 23-6                (7)  an agent writing life, accident, and health
 23-7    insurance for any type of authorized life insurance company,
 23-8    including a legal reserve life insurance company, domiciled in this
 23-9    state, representing the insurer in a foreign country or territory
23-10    and either on a United States military installation or with United
23-11    States military personnel; or
23-12                (8)  an agent writing any other type of insurance as
23-13    required by the commissioner for the protection of the insurance
23-14    consumers of this state.
23-15          (b)  For the purposes of this subsection, a "combination
23-16    company" is an insurer that writes weekly premium life insurance or
23-17    monthly ordinary life insurance on a debit basis.  A general life,
23-18    accident, and health license is required for each person who acts
23-19    as a combination life insurance agent for a combination company.  A
23-20    combination company and a combination life insurance agent may also
23-21    write ordinary contracts of life insurance.
23-22          (c)  Except as otherwise provided by this subsection, a
23-23    general life, accident, and health license is required for an agent
23-24    writing life, accident, and health insurance for a fraternal
23-25    benefit society under Chapter 10 of this code.  A license is not
23-26    required for an agent, regularly salaried officer, employee,
23-27    representative, or member of a fraternal benefit society who
23-28    devotes less than 50 percent of the person's time to the
23-29    solicitation or procurement of insurance contracts for the society.
23-30    A person who, in the preceding calendar year, has solicited or
23-31    procured the following amounts on any of the following contracts of
23-32    insurance on behalf of a fraternal benefit society is presumed to
23-33    have devoted 50 percent or more of the person's time to the
23-34    solicitation or procurement of insurance contracts:
23-35                (1)  life insurance contracts that generate, in the
23-36    aggregate, more than $20,000 of direct premium for all lives
23-37    insured for the preceding calendar year, if no interest-sensitive
23-38    life insurance certificate is solicited or procured with a face
23-39    amount of insurance that exceeds $35,000 unless the person has
23-40    obtained the designation of "Fraternal Insurance Counselor";
23-41                (2)  an insurance contract, other than a life insurance
23-42    contract, that the fraternal benefit society may write that insures
23-43    the individual lives of more than 25 persons; or
23-44                (3)  a variable life insurance or variable annuity
23-45    contract.
23-46          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
23-47    person who holds a general life, accident, and health license
23-48    issued under the requirements of this subchapter may write
23-49    additional types of insurance contracts as provided under Section 5
23-50    of this article or under a specialty license program established by
23-51    the department without obtaining an additional license.
23-52          Sec. 4.  LIMITED LIFE, ACCIDENT, AND HEALTH LICENSE.  (a)  In
23-53    this section:
23-54                (1)  "Funeral prearrangement life insurance agent"
23-55    means an  insurance agent who, subject to the limitations of this
23-56    section, writes only life insurance policies and fixed annuity
23-57    contracts to secure the delivery of funeral services and
23-58    merchandise under prepaid funeral contracts regulated by the Texas
23-59    Department of Banking under Chapter 154, Finance Code.
23-60                (2)  "Job protection insurance" has the meaning
23-61    assigned by Article 25.01 of this code.
23-62          (b)  This section applies to:
23-63                (1)  a funeral prearrangement life insurance agent;
23-64                (2)  an agent for an insurance company who writes only
23-65    job protection insurance;
23-66                (3)  an agent for a stipulated premium company who
23-67    writes only life insurance not to exceed $15,000 on any one life;
23-68                (4)  an agent for a local mutual aid association, a
23-69    local mutual burial association, or a statewide mutual aid
 24-1    association;
 24-2                (5)  an agent writing policies or riders to policies
 24-3    that provide only:
 24-4                      (A)  lump-sum cash benefits in the event of
 24-5    accidental death, death by accidental means, or dismemberment; or
 24-6                      (B)  ambulance expense benefits in the event of
 24-7    accident or sickness;
 24-8                (6)  an agent writing prepaid legal services contracts
 24-9    under Article 5.13-1 or Chapter 23 of this code; and
24-10                (7)  an agent writing any other type of insurance
24-11    required by the commissioner to be licensed for the protection of
24-12    the insurance consumers of this state.
24-13          (c)  A person to whom this section applies must hold a
24-14    limited life, health, and accident license under this section.  The
24-15    commissioner may adopt rules as necessary to implement this
24-16    section.
24-17          (d)  Notwithstanding this section or any other law, a funeral
24-18    prearrangement life insurance agent may not:
24-19                (1)  act as an agent for an insurance company unless
24-20    the agent acts under the supervision of a person, including a
24-21    corporation, who:
24-22                      (A)  holds a general life, accident, and health
24-23    license; and
24-24                      (B)  holds or is an authorized representative of
24-25    a holder of a permit issued by the Texas Department of Banking to
24-26    sell prepaid funeral benefits under Chapter 154, Finance Code;
24-27                (2)  write any coverage or combination of coverages
24-28    with an initial guaranteed death benefit in excess of $15,000 on
24-29    any life; or
24-30                (3)  act as an agent for more than one insurance
24-31    company.
24-32          (e)  A person who holds a limited life, accident, and health
24-33    license issued under this section may write only the types of
24-34    insurance products described by this section.
24-35          (f)  An applicant for a limited life, accident, and health
24-36    license is not eligible for a temporary license under Section 3A,
24-37    Article 21.07, of this code.
24-38                ARTICLE 3.  PROPERTY AND CASUALTY LICENSES
24-39          SECTION 3.01.  Article 21.14, Insurance Code, is amended to
24-40    read as follows:
24-41          Art. 21.14.  TEXAS PROPERTY AND CASUALTY AGENTS LICENSE ACT
24-42          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
24-43    cited as the Texas Property and Casualty Agents License Act.
24-44          (b)  Each agent of an insurance company authorized to provide
24-45    property and casualty insurance coverage in this state is subject
24-46    to this article.  This article applies to each person who performs
24-47    the acts of an agent, as defined by Article 21.02 of this code,
24-48    whether through oral, written, or electronic communications or
24-49    otherwise, by the solicitation of, negotiation for, procurement of,
24-50    or collection of premiums on an insurance contract offered by any
24-51    type of insurance carrier authorized to sell property and casualty
24-52    insurance products in this state, including:
24-53                (1)  a fidelity or surety company;
24-54                (2)  an interinsurance exchange;
24-55                (3)  a mutual company, including a farm mutual or a
24-56    county  mutual;
24-57                (4)  a reciprocal exchange; or
24-58                (5)  a Lloyd's plan.
24-59          Sec. 2.  GENERAL PROPERTY AND CASUALTY LICENSE; LICENSE
24-60    REQUIRED.  A general property and casualty license is required for
24-61    each person who acts as:
24-62                (1)  an agent writing property and casualty insurance
24-63    for an insurance carrier authorized to provide property and
24-64    casualty insurance coverage in this state;
24-65                (2)  a sub-agent of a person licensed as an agent under
24-66    this article who solicits and binds insurance risks on behalf of
24-67    that agent;
24-68                (3)  an agent writing property and casualty insurance
24-69    for a county mutual insurance company; or
 25-1                (4)  an agent writing any other type of insurance as
 25-2    required by the commissioner for the protection of the insurance
 25-3    consumers of this state.
 25-4          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
 25-5    person who holds a general property and casualty license issued
 25-6    under this subchapter may write additional types of insurance
 25-7    contracts as provided under Section 6 of this article or under a
 25-8    specialty license program established by the department.
 25-9          Sec. 4.  AUTHORITY TO WRITE ACCIDENT AND HEALTH INSURANCE.  A
25-10    person who holds a general property and casualty license issued
25-11    under this subchapter may write health and accident insurance for a
25-12    property and casualty insurer authorized to sell those insurance
25-13    products in this state without holding a license issued under
25-14    Article 21.07-1 of this code.
25-15          Sec. 5.  EMERGENCY LICENSE WITHOUT EXAMINATION.  In the event
25-16    of the death or disability of a property and casualty agent or if a
25-17    property and casualty agent is found to be insolvent and unable to
25-18    pay for premiums as they become due to an insurer, the department
25-19    may issue to an applicant for a property and casualty license an
25-20    emergency property and casualty license without examination if it
25-21    is established to the satisfaction of the department that the
25-22    emergency license is necessary for the preservation of the agency
25-23    assets of a deceased, disabled, or insolvent property and casualty
25-24    agent.  An emergency license is valid for 90 days in any 12
25-25    consecutive months and may be renewed by the department for an
25-26    additional 90 days during the 12-month period if the other
25-27    requirements of this subchapter are met.
25-28          Sec. 6.  LIMITED PROPERTY AND CASUALTY LICENSE.
25-29    (a)  Notwithstanding any other law, a limited property and casualty
25-30    license is required for each person who desires to act as an agent
25-31    writing:
25-32                (1)  insurance only on growing crops under Article
25-33    21.14-2 of this code;
25-34                (2)  any form of insurance authorized under Chapter 16
25-35    of this code for a farm mutual insurance company, except that a
25-36    license is not required under this subsection for a person who
25-37    wrote policies that generated, in the aggregate, less than $20,000
25-38    in direct premium for the preceding calendar year;
25-39                (3)  exclusively all forms of insurance authorized to
25-40    be solicited and written in this state that cover the ownership,
25-41    operation, maintenance, or use of a motor vehicle that is designed
25-42    for use on the public highways, including a trailer or semitrailer,
25-43    and the motor vehicle's accessories or equipment;
25-44                (4)  prepaid legal services contracts under Article
25-45    5.13-1 or Chapter 23 of this code;
25-46                (5)  only industrial fire insurance policies covering
25-47    dwellings, household goods, and wearing apparel on a weekly,
25-48    monthly, or quarterly basis on a continuous premium payment plan
25-49    written for an insurance company whose business is devoted
25-50    exclusively to that business as described by Article 17.02 of this
25-51    code, except that a license is not required under this subsection
25-52    for a person who wrote industrial fire insurance policies that
25-53    generated, in the aggregate, less than $20,000 in direct premium
25-54    for the preceding calendar year; or
25-55                (6)  any other type of insurance as required by the
25-56    commissioner for the protection of the insurance consumers of this
25-57    state.
25-58          (b)  Subsection (a)(1) of this section applies to a
25-59    production credit association or bank for a cooperative, as
25-60    provided under the farm credit system under 12 U.S.C. 2001 et seq.,
25-61    as amended.
25-62          (c)  A person who holds a limited property and casualty
25-63    license issued under this subchapter may write only the types of
25-64    insurance products designated on the license by the department.
25-65          Sec. 7.  FULL-TIME HOME OFFICE EMPLOYEES:  MANDATORY
25-66    REGISTRATION, CONTINUING EDUCATION REQUIREMENTS, AND NOTIFICATION
25-67    TO CONSUMERS; DISCIPLINARY ACTIONS.  (a)  Each actual full-time
25-68    home office salaried employee of an insurance carrier licensed to
25-69    do business in this state  who solicits or receives an application
 26-1    for the sale of insurance through an oral, written, or electronic
 26-2    communication shall register with the commissioner.
 26-3          (b)  An insurance carrier licensed to do business in this
 26-4    state whose general plan of operation includes the use of employees
 26-5    described by Subsection (a) of this section shall certify to the
 26-6    commissioner that each of those employees receives at least 15
 26-7    hours of continuing education annually.  Each continuing education
 26-8    course provided by the insurance carrier shall be submitted to the
 26-9    department for approval as provided by Section 3, Article 21.01-1,
26-10    of this code.  A person registered under this section shall comply
26-11    with the continuing education requirements adopted under Section 3,
26-12    Article 21.01-1, of this code, as if the person were a licensed
26-13    agent.  The continuing education must be  designed to give the
26-14    employee:
26-15                (1)  reasonable familiarity with:
26-16                      (A)  the broad principles of insurance;
26-17                      (B)  insurance licensing and regulatory laws; and
26-18                      (C)  the terms and conditions of the insurance
26-19    that the registrant transacts; and
26-20                (2)  a fair and general understanding of the duties of
26-21    an insurer to an insured, including training in ethical
26-22    considerations.
26-23          (c)  The registration of an actual full-time home office
26-24    salaried employee shall be suspended and the employer insurance
26-25    carrier may be disciplined for any act for which an agent may be
26-26    disciplined under Article 21.01-2 of this code.
26-27          (d)  Each registrant under this section shall disclose the
26-28    fact of the registration when making an oral, written, or
26-29    electronic communication to solicit or receive an application for
26-30    the sale of insurance.
26-31          (e)  Each person who registers under this section shall
26-32    submit a nonrefundable registration fee in an amount determined by
26-33    the department.
26-34          Sec. 8.  INSURANCE SERVICE REPRESENTATIVE LICENSE.  (a)  An
26-35    insurance service representative license is required for each
26-36    person who is employed on a salaried basis to perform assigned
26-37    duties only within the office of a property and casualty agent.
26-38    Those duties may include the issuance of insurance binders only
26-39    with the express approval of the property and casualty agent who
26-40    supervises the insurance service representative.
26-41          (b)  The provisions of Subchapter A of this chapter that
26-42    apply to a general license apply to a license issued under this
26-43    section, except that proof of financial responsibility is not
26-44    required of a person licensed only as an insurance service
26-45    representative.  [LICENSING OF LOCAL RECORDING AGENTS AND
26-46    SOLICITORS; LIFE, HEALTH AND ACCIDENT INSURANCE EXCEPTED; OTHER
26-47    EXCEPTIONS]
26-48          [Sec. 1.  CLASSES OF AGENTS.  Insurance agents, as that term
26-49    is defined in the laws of this State, shall for the purpose of this
26-50    article be divided into two classes:  Local Recording Agents and
26-51    Solicitors.]
26-52          [Sec. 2.  DEFINITIONS; CERTAIN ORDERS, SOCIETIES OR
26-53    ASSOCIATIONS NOT AFFECTED.  (a)  In this article:]
26-54                [(1)  "Local Recording Agent" means a person or firm
26-55    engaged in soliciting and writing insurance, being authorized by an
26-56    insurance company or insurance carrier, including fidelity and
26-57    surety companies, to solicit business and to write, sign, execute,
26-58    and deliver policies of insurance, and to bind companies on
26-59    insurance risks, and who maintain an office and a record of such
26-60    business and the transactions which are involved, who collect
26-61    premiums on such business and otherwise perform the customary
26-62    duties of a local recording agent representing an insurance carrier
26-63    in its relation with the public; or a person or firm engaged in
26-64    soliciting and writing insurance, being authorized by an insurance
26-65    company or insurance carrier, including fidelity and surety
26-66    companies, to solicit business, and to forward applications for
26-67    insurance to the home office of the insurance companies and
26-68    insurance carriers, where the insurance company's and insurance
26-69    carrier's general plan of operation in this State provides for the
 27-1    appointment and compensation of agents for insurance and for the
 27-2    execution of policies of insurance by the home office of the
 27-3    insurance company or insurance carrier, or by a supervisory office
 27-4    of such insurance company or insurance carrier, and who maintain an
 27-5    office and a record of such business and the transactions which are
 27-6    involved, and who collect premiums on such business and otherwise
 27-7    qualify and perform the customary duties of a local recording agent
 27-8    representing an insurance carrier in its relation with the public.]
 27-9                [(2)  "Solicitor" means a person who is a bona fide
27-10    solicitor and engaged in the business of soliciting and binding
27-11    insurance risks on behalf of a local recording agent, and who
27-12    offices with such local recording agent, and who does not sign and
27-13    execute policies of insurance, and who does not maintain company
27-14    records of such transactions.  This shall not be construed to make
27-15    a solicitor of a local recording agent, who places business of a
27-16    class which the rules of the company or carrier require to be
27-17    placed on application or to be written in a supervisory office.  A
27-18    solicitor may bind insurance risks only with the express prior
27-19    approval of the local recording agent for whom the solicitor works.]
27-20                [(3)  "Board" means the State Board of Insurance.]
27-21                [(4)  "Company" or "Carrier" means any insurance
27-22    company, corporation, inter-insurance exchange, mutual, reciprocal,
27-23    association, Lloyds or other insurance carrier licensed to transact
27-24    business in the State of Texas other than as excepted herein.]
27-25                [(5)  "Insurance service representative" means a
27-26    solicitor employed on a salaried basis who performs assigned duties
27-27    only within the office of a local recording agent, which may
27-28    include binding insurance risks, but only with the express prior
27-29    approval of the local recording agent for whom the representative
27-30    works.]
27-31          [(b)  Nothing contained in this article shall be so construed
27-32    as to affect or apply to orders, societies, or associations which
27-33    admit to membership only persons engaged in one or more crafts or
27-34    hazardous occupations in the same or similar lines of business, and
27-35    the ladies' societies, or ladies' auxiliary to such orders,
27-36    societies or associations, or any secretary of a Labor Union or
27-37    organization, or any secretary or agent of any fraternal benefit
27-38    society, which does not operate at a profit, except that a person
27-39    who has had a license revoked under Section 16 of this article may
27-40    not solicit or otherwise transact business under Chapter 10 of this
27-41    code.]
27-42          [Sec. 3.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
27-43    ISSUED.  (a)  When any person, partnership, registered limited
27-44    liability partnership, limited liability company, corporation, or
27-45    bank shall desire to engage in business as a local recording agent
27-46    for an insurance company, or insurance carrier, that person or
27-47    entity shall make application for a license to the Texas Department
27-48    of Insurance, in such form as the Department may require.  Such
27-49    application shall bear a signed endorsement by a general, state or
27-50    special agent of a qualified insurance company, or insurance
27-51    carrier that applicant or each member of the partnership or each
27-52    stockholder of the corporation or each member of the limited
27-53    liability company is a resident of this state.]
27-54          [(b)  The Department shall issue a license to an individual
27-55    or a general partnership or a limited liability partnership
27-56    registered with the Secretary of State under Section 3.08, Texas
27-57    Revised Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
27-58    Statutes), engaging in the business of insurance.  The Department
27-59    may not issue a license to a partnership if an inactive partner who
27-60    is not subject to Section 3a of this article has an interest in the
27-61    partnership principally to have written and be compensated therefor
27-62    for insurance on property controlled through ownership, mortgage or
27-63    sale, family relationship, or employment; and provided further,
27-64    that all licensed agents must be residents of Texas.  Provided,
27-65    that a person who resides in a town through which the state line
27-66    runs and whose residence is in the town in the adjoining state may
27-67    be licensed, if the person's business office is being maintained in
27-68    this state.  All persons acting as agent or solicitor for health
27-69    and accident insurance within the provisions hereof, and who
 28-1    represent only fire and casualty companies, and not life insurance
 28-2    companies, shall be required to procure only one license, and such
 28-3    license as is required under the provisions of this article.]
 28-4          [(c)  The Department shall issue a license to a corporation
 28-5    if the Department finds:]
 28-6                [(1)  That the corporation is a Texas corporation
 28-7    organized or existing under the Texas Business Corporation Act or
 28-8    the Texas Professional Corporation Act having its principal place
 28-9    of business in the State of Texas and having as one of its purposes
28-10    the authority to act as a local recording agent; and]
28-11                [(2)  That every officer, director and shareholder of
28-12    the corporation is individually licensed as a local recording agent
28-13    under the provisions of this Insurance Code, except as may be
28-14    otherwise permitted by this Section or Section 3a of this article,
28-15    or that every officer and director of the corporation is
28-16    individually licensed as a local recording agent under this
28-17    Insurance Code, that the corporation is a wholly owned subsidiary
28-18    of a parent corporation that is licensed as a local recording agent
28-19    under this Insurance Code, and that every shareholder of the parent
28-20    corporation is individually licensed as a local recording agent
28-21    under this Insurance Code, and except as specifically provided by
28-22    this article, that no shareholder of the corporation is a corporate
28-23    entity; and]
28-24                [(3)  That such corporation will have the ability to
28-25    pay any sums up to $25,000 which it might become legally obligated
28-26    to pay on account of any claim made against it by any customer and
28-27    caused by any negligent act, error or omission of the corporation
28-28    or any person for whose acts the corporation is legally liable in
28-29    the conduct of its business as a local recording agent.  The term
28-30    "customer" as used herein shall mean any person, firm or
28-31    corporation to whom such corporation sells or attempts to sell a
28-32    policy of insurance, or from whom such corporation accepts an
28-33    application for insurance.  Such ability shall be proven in one of
28-34    the following ways:]
28-35                      [(A)  An errors and omissions policy insuring
28-36    such corporation against errors and omissions, in at least the sum
28-37    of $100,000 with no more than a $10,000 deductible feature or the
28-38    sum of at least $300,000 with no more than a $25,000 deductible
28-39    feature, issued by an insurance company licensed to do business in
28-40    the State of Texas or, if a policy cannot be obtained from a
28-41    company licensed to do business in Texas, a policy issued by a
28-42    company not licensed to do business in Texas, on filing an
28-43    affidavit with the Texas Department of Insurance stating the
28-44    inability to obtain coverage and receiving the Department's
28-45    approval; or]
28-46                      [(B)  A bond executed by such corporation as
28-47    principal and a surety company authorized to do business in this
28-48    state, as surety, in the principal sum of $25,000, payable to the
28-49    Texas Department of Insurance for the use and benefit of customers
28-50    of such corporation, conditioned that such corporation shall pay
28-51    any final judgment recovered against it by any customer; or]
28-52                      [(C)  A deposit of cash or securities of the
28-53    class authorized by Articles 2.08 and 2.10 of this Code, having a
28-54    fair market value of $25,000 with the comptroller.  The comptroller
28-55    is hereby authorized and directed to accept and receive such
28-56    deposit and hold it exclusively for the protection of any customer
28-57    of such corporation recovering a final judgment against such
28-58    corporation.  Such deposit may be withdrawn only upon filing with
28-59    the Department evidence satisfactory to it that the corporation has
28-60    withdrawn from business, and has no unsecured liabilities
28-61    outstanding, or that such corporation has provided for the
28-62    protection of its customers by furnishing an errors and omissions
28-63    policy or a bond as hereinbefore provided.  Securities so deposited
28-64    may be exchanged from time to time for other qualified securities.]
28-65          [A binding commitment to issue such a policy or bond, or the
28-66    tender of such securities, shall be sufficient in connection with
28-67    any application for license.]
28-68          [Nothing contained herein shall be construed to permit any
28-69    unlicensed employee or agent of any corporation to perform any act
 29-1    of a local recording agent without obtaining a local recording
 29-2    agent's license.  The Department shall not require a corporation to
 29-3    take the examination provided in Section 6 of this Article 21.14.]
 29-4          [If at any time, any corporation holding a local recording
 29-5    agent's license does not maintain the qualifications necessary to
 29-6    obtain a license, the license of such corporation to act as a local
 29-7    recording agent shall be cancelled or denied in accordance with the
 29-8    provisions of Sections 16, 17 and 18 of this Article 21.14;
 29-9    provided, however, that should any person who is not a licensed
29-10    local recording agent acquire shares in such a corporation by
29-11    devise or descent, they shall have a period of 90 days from date of
29-12    acquisition within which to obtain a license as a local recording
29-13    agent or to dispose of the shares to a licensed local recording
29-14    agent except as may be permitted by Section 3a of this article.]
29-15          [Should such an unlicensed person, except as may be permitted
29-16    by Section 3a of this article, acquire shares in such a corporation
29-17    and not dispose of them within said period of 90 days to a licensed
29-18    local recording agent, then they must be purchased by the
29-19    corporation for their book value, that is, the value of said shares
29-20    of stock as reflected by the regular books and records of said
29-21    corporation, as of the date of the acquisition of said shares by
29-22    said unlicensed person.  Should the corporation fail or refuse to
29-23    so purchase such shares, its license shall be cancelled.]
29-24          [Any such corporation shall have the power to redeem the
29-25    shares of any shareholder, or the shares of a deceased shareholder,
29-26    upon such terms as may be agreed upon by the Board of Directors and
29-27    such shareholder or his personal representative, or at such price
29-28    and upon such terms as may be provided in the Articles of
29-29    Incorporation, the Bylaws, or an existing contract entered into
29-30    between the shareholders of the corporation.]
29-31          [Each corporation licensed as a local recording agent shall
29-32    file, under oath, a list of the names and addresses of all of its
29-33    officers, directors and shareholders with its application for
29-34    renewal license.]
29-35          [Each corporation licensed as a local recording agent shall
29-36    notify the Texas Department of Insurance upon any change in its
29-37    officers, directors or shareholders not later than the 30th day
29-38    after the date on which the change became effective.]
29-39          [The term "firm" as it applies to local recording agents in
29-40    Sections 2, 12 and 16 of this Article 21.14 shall be construed to
29-41    include corporations.]
29-42          [(d)  The department shall issue a license to a bank if the
29-43    department finds that:]
29-44                [(1)  the bank is a national banking association
29-45    organized and existing under the National Bank Acts (12 U.S.C.
29-46    Section 21 et seq.), a state bank organized and existing under the
29-47    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil
29-48    Statutes), a state savings bank organized and existing under the
29-49    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil
29-50    Statutes), or a bank operating subsidiary, as defined by state or
29-51    federal law, that is located and doing business in this state in a
29-52    place with a population of 5,000 or less;]
29-53                [(2)  at least one officer of the bank and each
29-54    individual who will be performing any acts of an agent for the bank
29-55    are individually licensed under this Article; and]
29-56                [(3)  the bank will have the ability to pay any sums up
29-57    to $25,000 that it might become legally obligated to pay on account
29-58    of any claim made against it by a customer and caused by a
29-59    negligent act, error, or omission of the bank or any person for
29-60    whose acts the bank is legally liable in the conduct of its
29-61    business as a local recording agent.  The term "customer" means any
29-62    person, firm, or corporation to whom the bank sells or attempts to
29-63    sell a policy of insurance or from whom the bank accepts an
29-64    application for insurance.  That ability shall be proven through:]
29-65                      [(A)  an errors and omissions policy insuring the
29-66    bank against errors and omissions, in at least the sum of $100,000
29-67    with not more than a $10,000 deductible feature, or the sum of at
29-68    least $300,000 with not more than a $25,000 deductible feature,
29-69    issued by an insurance company licensed to do business in this
 30-1    state or, if a policy cannot be obtained from a company licensed to
 30-2    do business in this state, a policy issued by a company not
 30-3    licensed to do business in this state, on filing an affidavit with
 30-4    the department stating the inability to obtain coverage and
 30-5    receiving the department's approval;]
 30-6                      [(B)  a bond executed by the bank as principal
 30-7    and a surety company authorized to do business in this state, as
 30-8    surety, in the principal sum of $25,000, payable to the department
 30-9    for the use and benefit of customers of the bank, conditioned that
30-10    the bank shall pay any final judgment recovered against it by a
30-11    customer; or]
30-12                      [(C)  a deposit with the comptroller of cash or
30-13    securities of the class authorized by Articles 2.08 and 2.10 of
30-14    this code, with a fair market value of $25,000.  The comptroller
30-15    shall accept and receive the deposit and hold it exclusively for
30-16    the protection of a customer of the bank who recovers a final
30-17    judgment against the bank.  The deposit may be withdrawn only on
30-18    filing with the department satisfactory evidence that the bank has
30-19    withdrawn from the business of insurance and has no unsecured
30-20    liabilities outstanding or that the bank has provided for the
30-21    protection of its customers by furnishing an errors and omissions
30-22    policy or a bond as provided by this subsection.  Securities so
30-23    deposited may be exchanged from time to time for other qualified
30-24    securities.]
30-25          [A binding commitment to issue such a policy or bond, or the
30-26    tender of applicable securities, is sufficient in connection with
30-27    an application for license.]
30-28          [Nothing in this subsection shall be construed to permit an
30-29    unlicensed employee or agent of a bank to perform any act of a
30-30    local recording agent without obtaining a local recording agent's
30-31    license.  The department may not require a bank to take the
30-32    examination provided by Section 6 of this Article.]
30-33          [A bank licensed as an agent under this Article may have
30-34    additional offices from which the business of insurance is
30-35    conducted only in a place with a population of 5,000 or less and
30-36    must comply with the department's regulations regarding additional
30-37    offices.]
30-38          [A bank licensed as an agent under this article must maintain
30-39    its insurance records, including all files relating to and
30-40    reflecting customer complaints, separate from records relating to
30-41    banking transactions of the bank.]
30-42          [If a bank that holds a local recording agent's license does
30-43    not maintain the qualifications necessary to obtain a license, the
30-44    license of that bank to act as a local recording agent shall be
30-45    canceled or denied in accordance with Sections 16 and 18 of this
30-46    article.]
30-47          [Each bank licensed as a local recording agent shall file
30-48    under oath with its application for license renewal a list of the
30-49    name and address of each individual who will be acting as an agent
30-50    on behalf of the bank and of each officer and director of the bank,
30-51    as defined by Article 21.02 of this code, and other biographical
30-52    information as required by the department.]
30-53          [Each bank licensed as a local recording agent shall notify
30-54    the department of any change in its officers and directors and any
30-55    change in other persons who will be performing any acts of an
30-56    agent, as defined by Article 21.02 of this code, and submit
30-57    biographical information on those officers, directors, and persons
30-58    as required by the department not later than the 30th day after the
30-59    date on which the change takes effect.]
30-60          [The term "firm," as that term applies to local recording
30-61    agents in Sections 2, 12, and 16 of this article, includes
30-62    corporations and banks.]
30-63          [(e)  The term "partnership" or "agency partnership" as used
30-64    in this Article means a general partnership or a registered limited
30-65    liability partnership domiciled in Texas.]
30-66          [(f)  In this Article, the term "corporation" or
30-67    "corporations" shall mean a corporation organized under the Texas
30-68    Business Corporation Act, The Texas Professional Corporation Act
30-69    (Article 1528e, Vernon's Texas Civil Statutes), or a Texas
 31-1    domiciled limited liability company organized or existing under the
 31-2    Texas Limited Liability Company Act (Article 1528n, Vernon's Texas
 31-3    Civil Statutes) having its principal place of business in this
 31-4    state and having as one of its purposes the authority to act as an
 31-5    insurance agent.  Each officer, manager, and member of a limited
 31-6    liability company must be licensed under this Article.  The
 31-7    licensing and regulation of a limited liability company shall be
 31-8    subject to the same provisions and requirements of this Article
 31-9    that are applicable to corporations licensed under this Article.]
31-10          [(g)  In this article, the term "bank" means a national
31-11    banking association organized and existing under the National Bank
31-12    Acts (12 U.S.C. Section 21 et seq.), a state bank organized and
31-13    existing under the Texas Banking Act (Article 342-1.001 et seq.,
31-14    Vernon's Texas Civil Statutes), a state savings bank organized and
31-15    existing under the Texas Savings Bank Act (Article 489e, Vernon's
31-16    Texas Civil Statutes), a bank branch, or a bank operating
31-17    subsidiary, as defined by state or federal law, that is located and
31-18    doing business in this state in a place with a population of 5,000
31-19    or less.  A bank operating subsidiary, as defined by state or
31-20    federal law, located and doing business in a place in this state
31-21    with a population of 5,000 or less may own a licensed corporate
31-22    agent that is also located and doing business in a place with a
31-23    population of 5,000 or less, and is subject to Section 3a(5) of
31-24    this Article.]
31-25          [Sec. 3a.  PERSONS OTHER THAN LICENSED LOCAL RECORDING AGENTS
31-26    WHO MAY SHARE IN PROFITS OF LOCAL RECORDING AGENT.  (1)  Upon the
31-27    death of a duly licensed local recording agent who is a member of
31-28    an agency partnership, the surviving spouse and children, if any,
31-29    of such deceased partner, or a trust for such surviving spouse and
31-30    children, may share in the profits of such agency partnership
31-31    during the lifetime of such surviving spouse or such children, as
31-32    the case may be, if and as provided by a written partnership
31-33    agreement, or in the absence of any written agreement, if and as
31-34    agreed by the surviving partner or partners and the surviving
31-35    spouse, the trustee, and the legal representative of the surviving
31-36    child or children.  Such surviving spouse and any such surviving
31-37    children or trusts shall not be required to qualify as local
31-38    recording agents to participate in such profits, but shall not do
31-39    or perform any act of a local recording agent on behalf of such
31-40    partnership without having qualified as a local recording agent;
31-41    provided, however, that a duly licensed local recording agent who
31-42    is a member of an agency partnership may, with the approval of the
31-43    other members of the partnership, transfer an interest in the
31-44    agency partnership to his children or a trust for same, and may
31-45    operate such interest for their use and benefit; and such children
31-46    or trusts may share in the profits of such agency partnership.
31-47    Such child or children or trusts shall not be required to qualify
31-48    as a local recording agent to participate in such profits, but
31-49    shall not do or perform any act of a local recording agent on
31-50    behalf of such partnership without having qualified as a local
31-51    recording agent.]
31-52          [(2)  Upon the death of a duly licensed local recording
31-53    agent, who is a sole proprietorship, unless otherwise provided by
31-54    the last will of such deceased agent, the surviving spouse and
31-55    children, if any, of such deceased agent, or a trust for such
31-56    spouse or children, may share in the profits of the continuance of
31-57    the agency business of said deceased agent, provided such agency
31-58    business is continued by a duly licensed local recording agent.
31-59    Said surviving spouse, trusts or children, may participate in such
31-60    profits during the lifetime of such surviving spouse and said
31-61    children.  Said surviving spouse, trusts or children shall not be
31-62    required to qualify as local recording agents in order to
31-63    participate in the profits of such agency, but shall not do or
31-64    perform any act of a local recording agent in connection with the
31-65    continuance of such agency business without first having been duly
31-66    licensed as a local recording agent; provided, however, that a duly
31-67    licensed local recording agent who is a sole proprietorship may
31-68    transfer an interest in his agency to his children, or a trust for
31-69    same, and may operate such interest for their use and benefit; and
 32-1    such children may share in the profits of such local recording
 32-2    agency during their lifetime, and during such time shall not be
 32-3    required to qualify as a local recording agent in order to
 32-4    participate in such profits, but shall not do or perform any act of
 32-5    a local recording agent in connection with such agency business
 32-6    without first having been duly licensed as a local recording agent.]
 32-7          [(3)  Upon the death of a shareholder in a corporate licensed
 32-8    local recording agency, the surviving spouse and children, if any,
 32-9    of such deceased shareholder, or a trust for such surviving spouse
32-10    and children, may share in the profits of such corporate agency
32-11    during the lifetime of such surviving spouse or children, as the
32-12    case may be, if and as provided by a contract entered into by and
32-13    between all of the shareholders and the corporation.  Any such
32-14    surviving spouse, surviving children, or trusts shall not be
32-15    required to individually qualify as a local recording agent in
32-16    order to participate in such profits, but shall not do or perform
32-17    any act of a local recording agency on behalf of such corporation
32-18    without having qualified as a local recording agent; provided,
32-19    however, that a shareholder in a corporate licensed local recording
32-20    agent, may, if provided by a contract entered into by and between
32-21    all of the shareholders and the corporation, transfer an interest
32-22    in the agency to his children or a trust for same, and such
32-23    children or trusts may share in the profits of such agency to the
32-24    extent of such interest during their lifetime.  Such children or
32-25    trusts shall not be required to qualify as a local recording agent
32-26    to participate in such profits, but shall not do or perform any act
32-27    of a local recording agent on behalf of such corporation without
32-28    having qualified as a local recording agent.]
32-29          [(4)  Except as provided in Subsections (1), (2), and (3)
32-30    above, and as may be provided in Section 6a, Article 21.14 of the
32-31    Insurance Code, no person shall be entitled to perform any act of a
32-32    local recording agent nor in any way participate as a partner or
32-33    corporate shareholder in the profits of any local recording agent,
32-34    without first having qualified as a duly licensed local recording
32-35    agent and having successfully passed the examination required by
32-36    the Insurance Code; provided, however, that all persons, or trusts
32-37    for any person, that received licenses before March 1, 1963, as
32-38    silent, inactive, or non-active partners, or who are silent,
32-39    inactive, or non-active partners in an agency which was so
32-40    qualified before such date, shall continue to receive licenses, or
32-41    renewals thereof, as partners in such agency or in any successor
32-42    agency, providing:  (a)  that such persons are members of an agency
32-43    in which there is at least one partner who has qualified as a duly
32-44    licensed local recording agent; (b)  that such non-active partner
32-45    or partners do not actively solicit insurance; and (c)  that such
32-46    agency is not a limited partnership.]
32-47          [(5)  Notwithstanding any provision of this article or this
32-48    code to the contrary, a bank located and doing business in a place
32-49    with a population of 5,000 or less that owns a licensed bank
32-50    operating subsidiary, as defined by state or federal law, that is
32-51    also located and doing business in a place with a population of
32-52    5,000 or less may receive profits from the licensed bank operating
32-53    subsidiary.  To advertise under the bank name or participate in the
32-54    insurance operation other than by receiving profits from the
32-55    insurance business, the bank must hold an agent license.  Nothing
32-56    in this section permits a bank or any affiliate to pay commissions
32-57    or other valuable consideration to any nonlicensed employees, and a
32-58    bank may not pay, credit, or otherwise reward particular
32-59    nonlicensed units or geographic locations of the bank or any of its
32-60    affiliates with a portion of the commission.]
32-61          [Sec. 4.  ACTING WITHOUT LICENSE FORBIDDEN.  (a)  It shall be
32-62    unlawful for any person, firm, partnership, corporation or bank, or
32-63    any partner, officer, director, employee, or shareholder of a
32-64    corporation, or any officer, director, or employee of a bank to act
32-65    as a local recording agent or solicitor in procuring business for
32-66    any insurance company, corporation, interinsurance exchange,
32-67    mutual, reciprocal, association, Lloyds or other insurance carrier,
32-68    until that person or entity shall have in force the license
32-69    provided for herein.]
 33-1          [(b)  No insurer doing business in this state shall pay
 33-2    directly or indirectly any commission, or other valuable
 33-3    consideration, to any person, firm, partnership, corporation, or
 33-4    bank for services as a local recording agent within this state,
 33-5    unless such person, firm, partnership, corporation, or bank shall
 33-6    hold a currently valid license and appointment to act as a local
 33-7    recording agent as required by the laws of this state; nor shall
 33-8    any person, firm, partnership, corporation, or bank other than a
 33-9    duly licensed and appointed local recording agent accept any such
33-10    commission or other valuable consideration; provided, however, that
33-11    nothing contained in this subsection shall prohibit an assigned
33-12    risk pool or assigned risk plan, duly authorized to operate by the
33-13    laws of this state, from paying commissions, or other valuable
33-14    consideration, to a duly licensed person, firm, partnership,
33-15    corporation, or bank for services as a local recording agent.]
33-16          [(c)  No licensed local recording agent, managing general
33-17    agent, or surplus lines agent doing business in this state shall
33-18    pay directly or indirectly any commission, or other valuable
33-19    consideration, to any person, firm, partnership, corporation, or
33-20    bank for services as a local recording agent within this state,
33-21    unless such person, firm, partnership, corporation, or bank shall
33-22    hold a currently valid license to act as a local recording agent as
33-23    required by the laws of this state; nor shall any person, firm,
33-24    partnership, corporation, or bank other than a duly licensed local
33-25    recording agent accept any such commission or other valuable
33-26    consideration.]
33-27          [(d)  No local recording agent doing business in this state
33-28    shall pay directly or indirectly any commission, or other valuable
33-29    consideration, to any person for services as a solicitor within
33-30    this state, unless such person shall hold a currently valid license
33-31    and appointment to act as a solicitor for such local recording
33-32    agent as required by the laws of this state; nor shall any person
33-33    other than a duly licensed and appointed solicitor accept any such
33-34    commission or other valuable consideration.]
33-35          [Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.
33-36    No license shall be granted to any person, firm, partnership,
33-37    corporation, or bank as a local recording agent or to a person as a
33-38    solicitor, for the purpose of writing any form of insurance, unless
33-39    it is found by the department that such person, firm, partnership,
33-40    corporation, or bank is or intends to be, actively engaged in the
33-41    soliciting or writing of insurance for the public generally; that
33-42    each person or individual of a firm is a resident of Texas and is
33-43    to be actively engaged in good faith in the business of insurance,
33-44    and that the application is not being made in order to evade the
33-45    laws against rebating and discrimination either for the applicant
33-46    or for some other person, firm, partnership, corporation, or bank.
33-47    Nothing herein contained shall prohibit an applicant insuring
33-48    property which the applicant owns or in which the applicant has an
33-49    interest; but it is the intent of this Section to prohibit coercion
33-50    of insurance and to preserve to each citizen the right to choose
33-51    that individual's own agent or insurance carrier, and to prohibit
33-52    the licensing of an individual, firm, partnership, corporation, or
33-53    bank to engage in the insurance business principally to handle
33-54    business which the applicant controls only through ownership,
33-55    mortgage or sale, family relationship or employment, which shall be
33-56    taken to mean that an applicant who is making an original
33-57    application for license shall show the department that the
33-58    applicant has a bona fide intention to engage in business in which,
33-59    in any calendar year, at least twenty-five per cent (25%) of the
33-60    total volume of premiums shall be derived from persons or
33-61    organizations other than applicant and from property other than
33-62    that on which the applicant shall control the placing of insurance
33-63    through ownership, mortgage, sale, family relationship or
33-64    employment.  Nothing herein contained shall be construed to
33-65    authorize a partnership, corporation, or bank to receive a license
33-66    as a solicitor.]
33-67          [Sec. 5a.  REQUIREMENTS AS TO KNOWLEDGE OR INSTRUCTION FOR
33-68    LOCAL RECORDING AGENT'S LICENSE.  (a)  Every applicant for local
33-69    recording agent's license from and after October 1, 1971, shall
 34-1    upon the successful passage of the examination for local recording
 34-2    agent's license as promulgated by the State Board of Insurance
 34-3    pursuant to the provisions of this Article 21.14 be issued a
 34-4    temporary local recording agent's license.  The holder of a
 34-5    temporary local recording agent's license shall have the same
 34-6    authority and be subject to the same provisions of the law as local
 34-7    recording agents until such temporary license shall expire.  Each
 34-8    such temporary license so issued shall expire upon the happening of
 34-9    any one of the following, whichever shall first occur, to wit:]
34-10                [(i)  The issuance of a local recording agent's license
34-11    to such person;]
34-12                [(ii)  One year from date of issuance of the temporary
34-13    local recording agent's license.]
34-14          [Each such person receiving a temporary license as set out
34-15    above shall within one (1) year from the issue date of such
34-16    temporary license complete to the satisfaction of the State Board
34-17    of Insurance one of the following courses of study:]
34-18                [(i)  Classroom courses in insurance satisfactory to
34-19    the State Board of Insurance at a school, college, junior college
34-20    or extension thereof; or]
34-21                [(ii)  An insurance company or agents' association
34-22    school approved by the State Board of Insurance; or]
34-23                [(iii)  A correspondence course in insurance approved
34-24    by the State Board of Insurance.]
34-25          [Upon the successful completion of any one of the above
34-26    courses of study within the one year period, the temporary agent
34-27    shall then be entitled to receive from the State Board of Insurance
34-28    his local recording agent's license.]
34-29          [(b)  Provided, however, none of the provisions of this
34-30    section shall apply to the following:]
34-31                [(1)  To any person holding a license as a local
34-32    recording agent upon the effective date of this Act.]
34-33                [(2)  To any person applying for an emergency local
34-34    recording agent's license under the provisions of Section 6a of
34-35    Article 21.14 of the Insurance Code of Texas.]
34-36                [(3)  To any person who holds the designation Chartered
34-37    Property and Casualty Underwriter (C.P.C.U.) from the American
34-38    Institute for C.P.C.U., the designation Certified Insurance
34-39    Counselor (C.I.C.) from the national Society of Certified Insurance
34-40    Counselors, or the designation Accredited Adviser in Insurance
34-41    (A.A.I.) from the Insurance Institute of America.]
34-42                [(4)  To any person who has a bachelor's degree from a
34-43    four-year accredited college or university with a major in
34-44    insurance.]
34-45                [(5)  To any person who within two (2) years
34-46    immediately preceding the filing of an application was a licensed
34-47    agent in good standing in the state from which the person moved to
34-48    Texas, provided such state makes similar provision for those agents
34-49    who may move from Texas to such state.]
34-50                [(6)  To any person desiring to apply for a license to
34-51    solicit and write exclusively all forms of insurance authorized to
34-52    be solicited and written in Texas covering the ownership,
34-53    operation, maintenance or use of any motor vehicle, its accessories
34-54    and equipment, designed for use upon the public highways, including
34-55    trailers and semitrailers.  Such person shall continue to apply for
34-56    and qualify to be licensed under the other provisions of Article
34-57    21.14 of the Insurance Code of Texas.  Provided, such applicant
34-58    shall be required to take and pass, to the satisfaction of the
34-59    Texas Department of Insurance, an examination, promulgated by said
34-60    department, covering only those forms of insurance referred to in
34-61    this paragraph.  Provided, when such a person so applies and
34-62    qualifies, the person shall be issued a license which shall contain
34-63    on the face of said license the following language:  "Motor vehicle
34-64    insurance only."  An agent holding such a limited license hereby
34-65    created shall solicit only those forms of insurance hereinabove
34-66    provided, but shall be subject to all other laws relating to local
34-67    recording agents.]
34-68          [(c)  There is hereby created an Agents' Education Advisory
34-69    Board whose duties shall be to advise with and make recommendations
 35-1    to the State Board of Insurance concerning the curriculum, course
 35-2    content and schools to be approved under Subsection (a) above.  The
 35-3    members of said Advisory Board shall be appointed by the chairman
 35-4    of the State Board of Insurance and shall serve for one year, from
 35-5    September 1 to August 31, or until their successors are appointed.
 35-6    Said Advisory Board shall be composed of the following persons:
 35-7    Two (2) members, each of whom shall be a resident of Texas and have
 35-8    a minimum of ten (10) years' experience as an executive of a fire
 35-9    and casualty company doing business in Texas and whose company
35-10    operates an agents' school; two (2) members, each of whom shall be
35-11    a licensed local recording agent in Texas with a minimum of ten
35-12    (10) years' experience as an agent; and one (1) member who shall be
35-13    a teacher of insurance at a four-year accredited college or
35-14    university in Texas.  Said Advisory Board shall meet at the offices
35-15    of the State Board of Insurance upon call of the chairman of the
35-16    State Board of Insurance and the members of said Advisory Board
35-17    shall be paid out of the Recording Agents License Fund for their
35-18    actual and necessary expenses incurred in connection with their
35-19    attendance at said meetings.]
35-20          [Sec. 5b.  CONTINUING EDUCATION.  (a)  The State Board of
35-21    Insurance shall adopt a procedure for certifying and shall certify
35-22    continuing education programs for agents.  Participation in the
35-23    programs is mandatory for all agents licensed under this article.
35-24    The State Board of Insurance shall exempt agents who have been
35-25    licensed for 20 years or more on or after September 1, 1992, and
35-26    shall have the rulemaking authority to provide for other reasonable
35-27    exemptions.  No agent shall be required to complete more than 15
35-28    hours of continuing education per year.  An agent licensed under
35-29    both Articles 21.07-1 and 21.14 of this code and any subsequent
35-30    amendments may elect to satisfy the continuing education
35-31    requirements of either article and shall not be required to
35-32    complete a total of more than 15 hours of continuing education per
35-33    year.]
35-34          [(b)  On written request of the agent, the State Board of
35-35    Insurance may extend the time for the agent to comply with the
35-36    continuing education requirements of this section or may exempt the
35-37    agent from some or all of the requirements for a licensing period
35-38    if the board finds that the agent is unable to comply with the
35-39    requirements because of illness, medical disability, or another
35-40    extenuating circumstance beyond the control of the agent.  The
35-41    criteria for such exemptions and extensions shall be established by
35-42    rule.]
35-43          [Sec. 5c.  ADVISORY COUNCIL.  (a)  An advisory council of
35-44    nine members shall be appointed by the State Board of Insurance to
35-45    furnish the Board with information and assistance in the conduct of
35-46    the continuing education program for agents licensed under Articles
35-47    21.07-1 and 21.14.]
35-48          [(b)  Four of the members of the advisory council must be
35-49    representatives of the general public.  A public representative may
35-50    not be:]
35-51                [(1)  an officer, director, or employee of an insurance
35-52    company, insurance agency, agent, broker, solicitor, adjuster, or
35-53    any other business entity regulated by the State Board of
35-54    Insurance;]
35-55                [(2)  a person required to register with the secretary
35-56    of state under Chapter 305, Government Code; or]
35-57                [(3)  related to a person described by Subdivision (1)
35-58    or (2) of this subsection within the second degree of affinity or
35-59    consanguinity.]
35-60          [Sec. 5d.  JURISDICTION FOR CONTINUING EDUCATION.
35-61    Notwithstanding the rules or regulations of any other state agency,
35-62    the board has sole jurisdiction for all matters relating to the
35-63    continuing education of insurance agents who are licensed under
35-64    this Article.]
35-65          [Sec. 6.  EXAMINATION REQUIRED; EXCEPTIONS.  (a)  If
35-66    applicant for a local recording agent's license has not prior to
35-67    date of such application, been licensed as a local recording agent,
35-68    or if the applicant for a solicitor's license has not been licensed
35-69    as a local recording agent or as a solicitor prior to date of such
 36-1    application, the Board shall require such applicant to submit to a
 36-2    written examination covering all kinds of insurance or contracts,
 36-3    which license if granted, will permit the applicant to solicit.]
 36-4          [(b)  Any applicant for local recording agent's license who
 36-5    has prior to the date of such application been licensed as a local
 36-6    recording agent, shall be entitled to a local recording agent's
 36-7    license without examination, provided the other requirements of
 36-8    this article are met.  Any applicant for solicitor's license who
 36-9    has been licensed as a local recording agent or as a solicitor
36-10    prior to date of such application, shall be entitled to a
36-11    solicitor's license without an examination, provided the other
36-12    requirements of this article are met.]
36-13          [(c)  The Board by rule shall apply different examination
36-14    standards to a solicitor employed as an insurance service
36-15    representative than those applied to other solicitors.]
36-16          [Sec. 6a.  DEATH, DISABILITY OR INSOLVENCY; EMERGENCY LICENSE
36-17    WITHOUT EXAMINATION.  In event of death or disability of a local
36-18    recording agent or in event a local recording agent is found to be
36-19    insolvent and unable to pay for premiums coming to his hands as
36-20    such local recording agent, the Board may issue to an applicant for
36-21    local recording agent's license an emergency local recording
36-22    agent's license for a period of ninety (90) days in any twelve (12)
36-23    consecutive months and at the Board's option, an additional period
36-24    up to ninety (90) days without an examination provided the other
36-25    requirements of this article are met and if it is established to
36-26    the satisfaction of the Board that such emergency license is
36-27    necessary for the preservation of the agency assets of a deceased
36-28    or disabled local recording agent or of an insolvent local
36-29    recording agent.]
36-30          [Sec. 7.  CONDUCT OF EXAMINATIONS; NOTICE; MANUAL OF
36-31    QUESTIONS AND ANSWERS.  Unless the State Board of Insurance accepts
36-32    a qualifying examination administered by a testing service, as
36-33    provided under Article 21.01-1, Insurance Code, as amended, all
36-34    examinations provided by this article shall be conducted by the
36-35    State Board of Insurance, and shall be held not less frequently
36-36    than one each sixty (60) days every year at times and places
36-37    prescribed by the State Board of Insurance, of which applicants
36-38    shall be notified by the State Board of Insurance in writing ten
36-39    (10) days prior to the date of such examinations, and shall be
36-40    conducted in writing in either the English or Spanish language.
36-41    Provided, further, that printed copies of a manual of questions and
36-42    answers thereto pertaining to the examination published under the
36-43    direction of the State Board of Insurance shall be made available
36-44    to all companies, general agents, and managers for the use of their
36-45    prospective agents, to all agents for the use of their prospective
36-46    solicitors in preparing for such examination.  The questions to be
36-47    asked on such examination shall be based upon the questions and
36-48    answers contained in the manual.]
36-49          [Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  Except as may be
36-50    provided by a staggered renewal system adopted under Article
36-51    21.01-2 of this code, every license issued to a local recording
36-52    agent or a solicitor shall expire two years from the date of its
36-53    issue, unless a completed application to qualify for the renewal of
36-54    any such license shall be filed with the State Board of Insurance
36-55    and a nonrefundable fee paid on or before such date, in which event
36-56    the license sought to be renewed shall continue in full force and
36-57    effect until renewed or renewal is denied.]
36-58          [Sec. 9.  FEES PAYABLE BEFORE EXAMINATION.  Unless the State
36-59    Board of Insurance accepts a qualifying examination administered by
36-60    a testing service, as provided under Article 21.01-1, Insurance
36-61    Code, as amended, applicants required to be examined shall, at time
36-62    and place of examination, pay prior to being examined the following
36-63    fees:  For a local recording agent's license a fee in an amount not
36-64    to exceed $50 as determined by the State Board of Insurance and for
36-65    a solicitor's license a fee in an amount not to exceed $20 as
36-66    determined by the State Board of Insurance.  The fees paid under
36-67    this section shall not be returned for any reason other than
36-68    failure to appear and take the examination after the applicant has
36-69    given at least 24 hours' notice of an emergency situation to the
 37-1    State Board of Insurance and received board approval.  A new fee
 37-2    shall be paid before each and every examination.]
 37-3          [Sec. 10.  RENEWAL FEES.  (a)  An applicant for the renewal
 37-4    of a local recording agent's license shall pay, at the time the
 37-5    renewal application is filed, a fee in an amount not to exceed $50
 37-6    as determined by the State Board of Insurance.  An applicant for
 37-7    the renewal of a solicitor's license shall pay, at the time the
 37-8    renewal application is filed, a fee in an amount not to exceed $20
 37-9    as determined by the State Board of Insurance.]
37-10          [Sec. 11.  ISSUANCE OF LICENSE.  (a)  Whenever the provisions
37-11    of this article have been complied with, the Board shall issue to
37-12    any applicant the license applied for where such applicant shall
37-13    have satisfactorily passed the examination prescribed by the State
37-14    Board of Insurance, and who shall possess the other qualifications
37-15    required by this article.]
37-16          [(b)  The Commissioner of Insurance shall collect in advance
37-17    from agents requesting duplicate licenses a fee not to exceed $20.
37-18    The State Board of Insurance shall determine the amount of the fee.]
37-19          [Sec. 12.  NOTICE TO COMMISSIONER OF INSURANCE OF APPOINTMENT
37-20    OF LOCAL RECORDING AGENT BY INSURANCE COMPANY.  (a)  After a person
37-21    or firm shall be granted a license as a local recording agent in
37-22    this state, that person or firm shall be authorized to act as such
37-23    local recording agent in this state, only after and during the time
37-24    such person or firm has been authorized so to do, by an insurance
37-25    company having a permit to do business in this state; and when so
37-26    authorized each company or carrier or its general or state or
37-27    special agent making the appointment shall immediately notify the
37-28    Commissioner of Insurance, on such form as the Commissioner may
37-29    require, of the appointment.  If approval of an additional
37-30    appointment is not received from the Commissioner before the eighth
37-31    day after the date on which the completed application and fee were
37-32    received by the Commissioner, the agent and the insurance company
37-33    may assume that the Commissioner approves the application, and the
37-34    agent may act for the insurance company.  The agent shall be
37-35    required to pay a nonrefundable fee of $16.00 for each appointment
37-36    applied for, which fee shall accompany the notice, and such person
37-37    or firm shall be presumed to be the agent for such company in this
37-38    state until such company or its general or state or special agent
37-39    shall have delivered written notice to the Commissioner of
37-40    Insurance that such appointment has been withdrawn.]
37-41          [(b)  Every insurance carrier shall, upon termination for
37-42    cause of the appointment of any agent, immediately file with the
37-43    State Board of Insurance a statement of the facts relative to the
37-44    termination of the appointment and the date and cause thereof.  The
37-45    Board shall thereupon record the termination of the appointment of
37-46    such agent to represent such insurance carrier in this state.  The
37-47    agent terminated for cause shall receive from the insurance carrier
37-48    a copy of the notice sent to the State Board of Insurance.]
37-49          [(c)  Any information, document, record or statement required
37-50    to be made or disclosed to the Board pursuant to this Article shall
37-51    be deemed confidential and privileged unless or until introduced as
37-52    evidence in an administrative hearing.]
37-53          [(d)  No liability may be imposed on any insurance carrier,
37-54    its employees or agents, or any other person, acting without
37-55    malice, providing the information required to be disclosed pursuant
37-56    to this section.]
37-57          [Sec. 13.  APPLICATION FOR SOLICITOR'S LICENSE.  When any
37-58    local recording agent who has been appointed by an insurance
37-59    carrier having a permit to do business in this State shall desire
37-60    to appoint a solicitor in the operation of his business, he and a
37-61    company jointly shall make application for a license for such
37-62    solicitor to the Board of Insurance Commissioners, in such form as
37-63    the Board may require.]
37-64          [Sec. 14.  NOTICE TO INSURANCE COMMISSIONERS OF SOLICITOR'S
37-65    APPOINTMENT; AUTHORITY TO SOLICIT.  (a)  No solicitor shall be
37-66    authorized to solicit insurance until after the State Board of
37-67    Insurance shall have been notified by a local recording agent of
37-68    his appointment, and no local recording agent shall accept business
37-69    tendered by a solicitor until such local recording agent has given
 38-1    notice to the State Board of Insurance of such solicitor's
 38-2    appointment as such, and until such solicitor has been licensed by
 38-3    the State Board of Insurance.  No solicitor shall have outstanding
 38-4    at any time a notification of appointment from more than one local
 38-5    recording agent, and a solicitor shall solicit insurance only in
 38-6    the name of and for the account of the local recording agent by
 38-7    whom he has been appointed.]
 38-8          [(b)  If approval of an appointment of a currently licensed
 38-9    solicitor is not received from the Commissioner before the eighth
38-10    day after the date on which the completed application and
38-11    nonrefundable fee were received by the Commissioner, the solicitor
38-12    and local recording agent may assume that the Commissioner approves
38-13    the application, and the solicitor may act for the local recording
38-14    agent.]
38-15          [(c)  A licensed solicitor's appointment may be terminated
38-16    either by the local recording agent who appointed the solicitor or
38-17    by the solicitor on the filing of notice with the Board of the
38-18    termination.]
38-19          [(d)  Upon termination for cause of the appointment of any
38-20    solicitor, the local recording agent shall immediately file with
38-21    the State Board of Insurance a statement of the facts relative to
38-22    the termination of the appointment and the date and cause thereof.
38-23    The Board shall thereupon record the termination of the appointment
38-24    of such solicitor to represent such local recording agent.  The
38-25    solicitor terminated for cause shall receive from the local
38-26    recording agent a copy of the notice sent to the State Board of
38-27    Insurance.]
38-28          [(e)  Any information, document, record or statement required
38-29    to be made or disclosed to the Board pursuant to this Article shall
38-30    be deemed privileged and confidential unless or until introduced
38-31    into evidence in an administrative hearing.]
38-32          [(f)  No liability may be imposed on any insurance carrier,
38-33    its employees or agents, or any other person, acting without
38-34    malice, providing the information required to be disclosed pursuant
38-35    to this section.]
38-36          [Sec. 15.  FIRE INSURANCE IN EXCESS OF VALUE, WRITING OF
38-37    FORBIDDEN.  It shall be unlawful for any local recording agent or
38-38    solicitor for an insurance company or insurance carrier knowingly
38-39    to grant, write or permit a greater amount of insurance against
38-40    loss by fire than the reasonable value of the subject of insurance.]
38-41          [Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
38-42    license of any local recording agent shall be suspended during a
38-43    period in which the agent does not have outstanding a valid
38-44    appointment to act as an agent for an insurance company.  The Board
38-45    shall end the suspension on receipt of evidence satisfactory to the
38-46    board that the agent has a valid appointment.  The Board shall
38-47    cancel the license of a solicitor if the solicitor does not have
38-48    outstanding a valid appointment to act as a solicitor for a local
38-49    recording agent, and shall suspend the license during a period that
38-50    the solicitor's local recording agent does not have outstanding a
38-51    valid appointment to act as an agent under this Article.]
38-52          [(b)  The department may discipline any local recording agent
38-53    or solicitor or deny an application under Section 5, Article
38-54    21.01-2, of this code if it finds that the applicant, individually
38-55    or through any officer, director, or shareholder, for or holder of
38-56    such license:]
38-57                [(1)  Has wilfully violated any provision of the
38-58    insurance laws of this state;]
38-59                [(2)  Has intentionally made a material misstatement in
38-60    the application for such license;]
38-61                [(3)  Has obtained, or attempted to obtain, such
38-62    license by fraud or misrepresentation;]
38-63                [(4)  Has misappropriated or converted to the
38-64    applicant's or licensee's own use or illegally withheld money
38-65    belonging to an insurer or an insured or beneficiary;]
38-66                [(5)  Has been guilty of fraudulent or dishonest acts;]
38-67                [(6)  Has materially misrepresented the terms and
38-68    conditions of any insurance policies or contracts;]
38-69                [(7)  Has made or issued, or caused to be made or
 39-1    issued, any statement misrepresenting or making incomplete
 39-2    comparisons regarding the terms or conditions of any insurance
 39-3    contract legally issued by an insurance carrier for the purpose of
 39-4    inducing or attempting to induce the owner of such contract to
 39-5    forfeit or surrender such contract or allow it to expire for the
 39-6    purpose of replacing such contract with another;]
 39-7                [(8)  Is convicted of a felony;]
 39-8                [(9)  Is guilty of rebating any insurance premium or
 39-9    discriminating as between insureds;]
39-10                [(10)  Is not engaged in the soliciting or writing of
39-11    insurance for the public generally as required by Section 5 of this
39-12    Article; or]
39-13                [(11)  Is afflicted with a disability as that term is
39-14    defined by Subsection (a) of Article 21.15-6 of this code.]
39-15          [(c)  The State Board of Insurance may order that a local
39-16    recording agent or solicitor who is afflicted with a disability be
39-17    placed on disability probation under the terms and conditions
39-18    specified under Article 21.15-6 of this code instead of taking
39-19    disciplinary action under Subsection (b) of this section.]
39-20          [(d)  A license applicant or licensee whose license
39-21    application or license has been denied, refused, or revoked under
39-22    this section may not apply for any license as an insurance agent
39-23    before the first anniversary of the effective date of the denial,
39-24    refusal, or revocation, or, if the applicant or licensee seeks
39-25    judicial review of the denial, refusal, or revocation before the
39-26    first anniversary of the date of the final court order or decree
39-27    affirming that action.  The Commissioner may deny an application
39-28    timely filed if the applicant does not show good cause why the
39-29    denial, refusal, or revocation of the previous license application
39-30    or license should not be considered a bar to the issuance of a new
39-31    license.  This subsection does not apply to an applicant whose
39-32    license application was denied for failure to pass a required
39-33    written examination.]
39-34          [Sec. 18.  APPEAL.  If the Commissioner refuses an
39-35    application for license as provided by this article, or suspends,
39-36    revokes, or refuses to renew any license at a hearing as provided
39-37    by this article, and if the applicant or accused is dissatisfied
39-38    with the action of the Commissioner, the applicant or accused may
39-39    appeal from the action in accordance with Article 1.04 of this
39-40    Code.]
39-41          [Sec. 19.  NOTICE TO LAST ADDRESS.  Where notice to the
39-42    applicant or accused is provided for in any part of this article,
39-43    notice by registered mail to his last known address shall be
39-44    sufficient.]
39-45          [Sec. 20.  LIFE, HEALTH AND ACCIDENT INSURANCE, INAPPLICABLE
39-46    TO; OTHER EXCEPTIONS.  The provisions of this article do not apply
39-47    to the Life, Health and Accident Insurance business or the Life,
39-48    Health and Accident Department of the companies engaged therein,
39-49    nor shall it apply to any of the following, namely:]
39-50                [(a)  Any actual full-time home office salaried
39-51    employee of any insurance carrier licensed to do business in Texas,
39-52    other than an employee who solicits or receives an application for
39-53    the sale of insurance through an oral, written, or electronic
39-54    communication in accordance with Section 20A of this article.]
39-55                [(b)  Any actual attorney in fact and its actual
39-56    traveling salaried representative as to business transacted through
39-57    such attorney in fact or salaried representative of any reciprocal
39-58    exchange or interinsurance exchange admitted to do business in
39-59    Texas.]
39-60                [(c)  Any adjuster of losses, and/or inspector of
39-61    risks, for an insurance carrier licensed to do business in Texas.]
39-62                [(d)  Any General Agent or State Agent or Branch
39-63    Manager representing an admitted and licensed insurance company or
39-64    carrier, or insurance companies or carriers, in a supervisory
39-65    capacity.]
39-66                [(e)  The actual attorney in fact for any Lloyds.]
39-67                [(f)  All incorporated or unincorporated mutual
39-68    insurance companies, their agents and representatives, organized
39-69    and/or operating under and by authority of Chapters 16 and 17 of
 40-1    this code.]
 40-2                [(g)  Nothing in this entire article shall ever be
 40-3    construed to apply to any member, agent, employee, or
 40-4    representative of any county or farm mutual insurance company as
 40-5    exempted under Chapters 16 and 17 of this code.]
 40-6                [(h)  Nothing in this article shall apply to the group
 40-7    motor vehicle insurance business or the group motor vehicle
 40-8    department of the companies engaged in that business.]
 40-9                [(i)  Salaried employees not involved in solicitation
40-10    or negotiation of insurance in the office of a local recording
40-11    agent who devote their full time to clerical and administrative
40-12    services, including the incidental taking of information from
40-13    customers and receipt of premiums in the office of a local
40-14    recording agent, provided the employees do not receive any
40-15    commissions and their compensation is not varied by the volume of
40-16    premiums taken and received.]
40-17          [Sec. 20A.  FULL-TIME HOME OFFICE SOLICITORS:  MANDATORY
40-18    REGISTRATION, CONTINUING EDUCATION, AND NOTIFICATION TO CONSUMERS;
40-19    DISCIPLINARY ACTIONS.  (a)  Any actual full-time home office
40-20    salaried employee of any insurance carrier licensed to do business
40-21    in Texas who solicits or receives an application for the sale of
40-22    insurance through an oral, written, or electronic communication
40-23    shall register with the commissioner.]
40-24          [(b)  Any insurance carrier licensed to do business in Texas
40-25    whose general plan of operation includes the use of employees
40-26    described in Subsection (a) of this section shall certify to the
40-27    commissioner that such employees receive continuing education of
40-28    not less than 15 hours per year designed to give such employees:]
40-29                [(1)  reasonable familiarity with the broad principles
40-30    of insurance, with licensing and regulatory laws, and with
40-31    provisions, terms, and conditions of the insurance which the
40-32    registrant transacts; and]
40-33                [(2)  a fair and general understanding of the
40-34    obligations and duties of an insurer to an insured, including
40-35    training in ethical considerations.]
40-36          [(c)  The registration of any actual full-time home office
40-37    salaried employee shall be suspended and the employer insurance
40-38    carrier may be disciplined in accordance with the insurance laws of
40-39    this state, if the commissioner finds that the registrant:]
40-40                [(1)  has wilfully violated any provision of this code,
40-41    the laws of this state, or a rule of the commissioner;]
40-42                [(2)  has been guilty of fraudulent or dishonest acts;]
40-43                [(3)  has materially misrepresented the terms and
40-44    conditions of any insurance policies or contracts;]
40-45                [(4)  has made or issued, or caused to be made or
40-46    issued, any statement misrepresenting or making incomplete
40-47    comparisons regarding the terms or conditions of any insurance
40-48    contract legally issued by an insurance carrier for the purpose of
40-49    inducing or attempting to induce the owner of such contract to
40-50    forfeit or surrender such contract or allow it to expire for the
40-51    purpose of replacing such contract with another;]
40-52                [(5)  is guilty of rebating any insurance premium or
40-53    discriminating as between insureds; or]
40-54                [(6)  has been convicted of a felony involving fraud or
40-55    breach of fiduciary duty.]
40-56          [(d)  Registrants under this section shall disclose such
40-57    registration when making an oral, written, or electronic
40-58    communication to solicit or receive an application for the sale of
40-59    insurance.]
40-60          [(e)  The commissioner shall adopt rules to implement the
40-61    provisions of this section.]
40-62          [Sec. 21.  FEES, DISPOSITION OF; APPROPRIATIONS.  The fees
40-63    herein provided for, when collected, shall be deposited in the
40-64    State Treasury to the credit of the State Board of Insurance
40-65    operating fund; provided that no expenditures shall be made from
40-66    said fund except under authority of the Legislature as set forth in
40-67    the General Appropriation Bill; provided further that no
40-68    appropriation shall ever be made out of the General Revenue Fund
40-69    for the purpose of administering this article or any provision
 41-1    thereof.]
 41-2          [Sec. 22.  REBATES OR INDUCEMENTS FORBIDDEN.  It shall be
 41-3    unlawful for any local recording agent to pay, allow, give or offer
 41-4    to pay, allow or give, directly or indirectly, any rebate of
 41-5    premiums payable, any commission, or any paid employment or
 41-6    contract for service of any kind or anything of value whatsoever,
 41-7    or any valuable consideration or inducement whatever, not specified
 41-8    in the policy or contract of insurance for or on account of the
 41-9    solicitation or negotiation of contracts of insurance on property
41-10    or risks in this State to any person, firm or corporation, other
41-11    than a duly licensed solicitor appointed by such local recording
41-12    agent, or to another local recording agent.]
41-13          [It shall be unlawful for any solicitor to pay, allow or give
41-14    or offer to pay, allow or give, directly or indirectly, any rebate
41-15    of premiums payable, any commission, or any paid employment or
41-16    contract for service of any kind, or anything of value whatsoever,
41-17    or any valuable consideration or inducement whatever, not specified
41-18    in the policy or contract of insurance, for or on account of the
41-19    solicitation or negotiation of contracts of insurance on property
41-20    or risks in this State to any person, firm or corporation.]
41-21          [Sec. 23.  REPEAL; LAWS NOT IN CONFLICT NOT AFFECTED; ACT
41-22    CUMULATIVE.  All laws or parts of laws pertaining to any phase of
41-23    the insurance business, which are in conflict with this article,
41-24    shall be and the same are hereby repealed; but all laws, Civil and
41-25    Criminal, affecting insurance agents, and/or insurance companies or
41-26    insurance carriers or the insurance business, which are not in
41-27    conflict herewith, shall not be affected by the provisions of this
41-28    article;  but this article shall be deemed cumulative of such laws.]
41-29          [Sec. 24.  VIOLATION OF ACT.  Any person or any member of any
41-30    firm, or any corporation or bank, or any officer, director,
41-31    shareholder or employee of any corporation or bank who violates any
41-32    of the provisions of Sections 4, 15 and 22 of this Article shall be
41-33    guilty of a misdemeanor, and on conviction in a court of competent
41-34    jurisdiction, shall be punished by a fine of not less than One
41-35    Dollar ($1.00) nor more than One Hundred Dollars ($100.00).]
41-36          [Sec. 25.  ENFORCEMENT OF ARTICLE.  The Attorney General, or
41-37    any District or County Attorney, or the Board of Insurance
41-38    Commissioners, may institute any injunction proceeding or such
41-39    other proceeding to enforce the provisions of this article, and to
41-40    enjoin any person, firm or corporation from engaging or attempting
41-41    to engage in any of the business in violation of this article or
41-42    any of the provisions thereof.  The provisions of this section are
41-43    cumulative of the other penalties or remedies provided for in this
41-44    article.]
41-45          [Sec. 26.  ADMINISTRATION OF ARTICLE.  The administration of
41-46    the provision of this article shall be vested in the Board of
41-47    Insurance Commissioners, and of the administrative officer of the
41-48    various counties in which the violation of any provision of this
41-49    article may occur; and the personnel charged with the direct
41-50    supervision of the article, except the regularly elected law
41-51    enforcement officers and their appointees, shall be responsible to
41-52    and serve at the will of the Board of Insurance Commissioners.  It
41-53    shall be the duty of the Board of Insurance Commissioners and the
41-54    Attorney General, and of the District and County Attorneys in
41-55    counties where violations of this article may occur, to see that
41-56    its provisions are at all times obeyed, and to make such
41-57    investigations as will prevent or detect the violation of any
41-58    provision thereof.  The Board of Insurance Commissioners shall at
41-59    once lay before the District or County Attorney of the proper
41-60    county, any evidence which shall come to its knowledge, of
41-61    criminality or threatened criminality under this article.  In the
41-62    event of the neglect or refusal of such Attorney to institute and
41-63    prosecute such violation, or to enforce the other remedies provided
41-64    by this article, the Board shall submit such evidence to the
41-65    Attorney General, who is hereby authorized to proceed therein with
41-66    all the rights, privileges and powers conferred by law upon
41-67    District or County Attorneys.  Provided, any person having
41-68    knowledge of the violation of the provisions of this article may
41-69    file a complaint for such violation with the proper officers as in
 42-1    other misdemeanor cases.  The Board of Insurance Commissioners is
 42-2    given the power and authority, as a requisite for granting or
 42-3    renewing a license to insurance companies or insurance carriers,
 42-4    their local recording agents or solicitors, to require answers
 42-5    under oath to any questions propounded by the said Board or under
 42-6    its authority, and touching any phase of insurance business in the
 42-7    State of Texas in which said insurance company or insurance
 42-8    carrier, or such person or firm, shall be engaged, and to require
 42-9    such person or firm seeking appointment as local recording agent to
42-10    submit his books, records, and accounts, insofar as they may be
42-11    material to any phase of insurance business, to examination and
42-12    inspection by the Board or any person acting under its authority.]
42-13          [Sec. 27.  RULES.  In addition to other rules required or
42-14    authorized by this article, the commissioner may adopt rules in
42-15    accordance with federal law applicable to the regulation of the
42-16    sale of insurance that are necessary and proper to carry out the
42-17    provisions of this article.]
42-18                   ARTICLE 4.  NONRESIDENT AGENT LICENSE
42-19          SECTION 4.01.  Section 1, Article 21.11, Insurance Code, is
42-20    amended to read as follows:
42-21          Sec. 1.  NONRESIDENT AGENT LICENSE.  (a)  The
42-22    [Notwithstanding Sections 3(a) and (b), Article 21.14, of this
42-23    code, the] department shall license a person who is not a resident
42-24    of this state to act as a nonresident agent if the department finds
42-25    that:
42-26                (1)  the state in which the person resides accords the
42-27    same privilege to a person who is a resident of this state;
42-28                (2)  the applicant for the nonresident license:
42-29                      (A)  if an individual:
42-30                            (i)  holds a license as an agent in the
42-31    state of residence and either obtained the license by passing a
42-32    written examination or held the license before the time a written
42-33    examination was required to obtain the license; or
42-34                            (ii)  subject to Subsection (b) of this
42-35    section, has passed the examination for an agent's license required
42-36    under Article 21.01-1 of this code and satisfies the requirements
42-37    adopted under Section 2, Article 21.07, of this code for licensing
42-38    of an individual; or
42-39                      (B)  if a corporation or partnership:
42-40                            (i)  has provided evidence of the authority
42-41    or ability to act as an agent in the entity's state of domicile;
42-42                            (ii)  has satisfied the requirements
42-43    adopted under Section 2, Article 21.07, of this code for licensing
42-44    of a corporation or partnership; and
42-45                            (iii)  is domiciled in a state that has
42-46    entered into a reciprocal agreement with the commissioner as
42-47    provided by Subsection (b) of this section; and
42-48                (3)  the applicant or any officer, director,
42-49    shareholder, member, or partner of an applicant that is a business
42-50    entity, required to file biographical information with the
42-51    department under Article 21.07 of this code, has not:
42-52                      (A)  committed an act that constitutes grounds
42-53    for denial, suspension, or revocation of a license under Article
42-54    21.01-2 of this code; or
42-55                      (B)  had an insurance license suspended or
42-56    revoked by the department or the insurance regulator of another
42-57    state.
42-58          (b)  The commissioner may enter into a reciprocal agreement
42-59    with the appropriate official of another state waiving the written
42-60    examination requirement for an applicant who is a resident of that
42-61    state if:
42-62                (1)  a written examination is required of applicants
42-63    for an agent's license in the other state;
42-64                (2)  the appropriate official of the other state
42-65    certifies that the applicant holds a license as an agent in the
42-66    other state and either passed a written examination to obtain the
42-67    license or was the holder of an agent's license before the time a
42-68    written examination was required; and
42-69                (3)  in the other state, a resident of this state is
 43-1    entitled to obtain an agent's license under the same conditions and
 43-2    without discrimination as to fees or otherwise in favor of the
 43-3    residents of the other state.
 43-4          (c)  A person who resides in a town through which the state
 43-5    line runs and whose residence is located in the town in the
 43-6    adjoining state may be licensed as a resident agent if the person
 43-7    maintains the person's business office in this state [in accordance
 43-8    with Article 21.14 of this code, subject to the limitations of this
 43-9    article].
43-10          (d)  The [(b)  An applicant for issuance of a license under
43-11    this section must meet the requirements for issuance of a license
43-12    under Article 21.14 of this code, except that the] department may
43-13    [shall] waive any [of those] license requirements for an applicant
43-14    with a valid license from another state or jurisdiction that has
43-15    license requirements substantially equivalent to those of this
43-16    state.
43-17          (e)  The commissioner shall be the attorney for service of
43-18    process on whom all lawful process, notice, or demand may be served
43-19    in any legal proceeding against a nonresident agent licensed to
43-20    transact business in this state if:
43-21                (1)  the nonresident agent fails to appoint or maintain
43-22    an attorney for service in this state;
43-23                (2)  an attorney for service is appointed but cannot
43-24    with reasonable diligence be found; or
43-25                (3)  the license of the nonresident agent is revoked.
43-26          SECTION 4.02.  Subsections (a) and (b), Section 2, Article
43-27    21.11, Insurance Code, are amended to read as follows:
43-28          (a)  Except as otherwise specifically provided by this code
43-29    [section], a license issued under this article to an individual who
43-30    is not a resident of this state grants the same rights and
43-31    privileges afforded to a resident license holder [under a license
43-32    issued under Article 21.14 of this code].
43-33          (b)  A person who holds a license issued under this article
43-34    and who is in compliance with the continuing education requirements
43-35    of the person's state of residence is exempt from the continuing
43-36    education requirements imposed under Article 21.01-1 of this code
43-37    [may not:]
43-38                [(1)  maintain an office in this state;]
43-39                [(2)  solicit insurance business in this state by any
43-40    method, including an oral, written, or electronic communication; or]
43-41                [(3)  employ solicitors or others to directly or
43-42    indirectly solicit insurance in this state].
43-43          SECTION 4.03.  Section 3, Article 21.11, Insurance Code, is
43-44    amended to read as follows:
43-45          Sec. 3.  LIMITATIONS.  (a)  This article does not permit:
43-46                (1)  any person or firm licensed solely as a broker in
43-47    the person's or firm's state of residence to be granted a license
43-48    under this article; or
43-49                (2)  a holder of a license issued under this article to
43-50    act as a surplus lines agent under Article 1.14-2 of this code or
43-51    to perform any of the acts permitted under Article 1.14-2 of this
43-52    code, except as provided under Section 10, Article 21.54, of this
43-53    code[; or]
43-54                [(3)  any person or firm who holds a license issued
43-55    under this article to engage in any form of direct solicitation of
43-56    insurance within this state].
43-57          (b)  This subchapter [The commissioner shall revoke a
43-58    nonresident agent's license issued under this article if the
43-59    commissioner finds that the license was obtained or is being used
43-60    for the purpose of transacting insurance through a local recording
43-61    agent in a manner that permits the individual licensed under this
43-62    article, by subterfuge, to transact insurance as a local recording
43-63    agent.]
43-64          [(c)  In the circumstances described by Subsection (b) of
43-65    this section, the commissioner shall also revoke the license of the
43-66    affected local recording agent.]
43-67          [(d)  A license revoked under Subsection (b) or (c) of this
43-68    section is not subject to reissuance before the fifth anniversary
43-69    of the date the revocation is effective.]
 44-1          [(e)  The commissioner shall order that any insurance
 44-2    transacted under an arrangement described by Subsection (b) of this
 44-3    section be cancelled.]
 44-4          [(f)  Article 21.01-2 of this code] applies to licensing of a
 44-5    nonresident agent under this article.
 44-6          SECTION 4.04.  Sections 4 and 5, Article 21.11, Insurance
 44-7    Code, are amended to read as follows:
 44-8          Sec. 4.  HOME OFFICE EMPLOYEE.  This article does not affect
 44-9    the authority established under Section 7 [20], Article 21.14, of
44-10    this code of an actual full-time home office salaried employee of
44-11    an insurance carrier licensed to do business in this state.
44-12          Sec. 5.  RULES.  The commissioner may adopt rules as
44-13    necessary to implement this article and to meet the minimum
44-14    requirements of federal law and regulations.
44-15                     ARTICLE 5.  CONFORMING AMENDMENTS
44-16          SECTION 5.01.  Section 1, Article 3.71, Insurance Code, is
44-17    amended to read as follows:
44-18          Sec. 1.  Notwithstanding any contrary or inconsistent
44-19    provision of any law, two or more insurance companies authorized to
44-20    separately do such an insurance business in this state, including
44-21    stock companies, reciprocals, or inter-insurance exchanges, Lloyds'
44-22    associations, fraternal benefit societies and mutual companies of
44-23    all kinds, including state-wide mutual assessment corporations and
44-24    local mutual aid associations, and stipulated premium companies,
44-25    may join together to offer, sell and administer hospital, surgical
44-26    and medical expense insurance plans under a group policy covering
44-27    residents of this state who are sixty-five (65) years of age and
44-28    older and their spouses on which policy each insurance carrier
44-29    shall be severally liable, and such companies may agree with
44-30    respect to premium rates, policy provisions, sales, administrative,
44-31    technical and accounting procedures and other matters within the
44-32    scope of this Article.  Such companies may issue such insurance
44-33    policies in their own names or in the name of an unincorporated
44-34    association, trust, or other organization formed for the sole
44-35    purposes of this Article and evidenced by a contract in writing
44-36    executed by the participating insurance companies, and any
44-37    unincorporated associations, trusts, or other organizations
44-38    heretofore formed for the sole purpose of this Article and
44-39    evidenced by a contract in writing executed by the participating
44-40    insurance companies is hereby ratified, confirmed and approved and
44-41    validated from the date of its formation.  Any such policy may be
44-42    executed on behalf of the insurance companies by a duly authorized
44-43    person and need not be countersigned on behalf of any such company
44-44    by a resident agent.  Any person who is licensed as a general life,
44-45    accident, and health [insurance] agent or as a general property and
44-46    casualty [local recording] agent [or as a solicitor] under Article
44-47    [the provisions of Articles 21.07,] 21.07-1[,] or [Article] 21.14
44-48    of this code [the Insurance Code of the State of Texas,] may act as
44-49    such agent in connection with policies of insurance or certificates
44-50    of insurance issued by any unincorporated association, trust or
44-51    other organization formed for the sole purposes of this Article
44-52    without the necessity of notifying the department [State Board of
44-53    Insurance] that such person is appointed to so act.
44-54          SECTION 5.02.  Section 7, Article 3.75, Insurance Code, is
44-55    amended to read as follows:
44-56          Sec. 7.  VARIABLE CONTRACT AGENTS LICENSE.
44-57    (a)  Notwithstanding any other law of this state, no person shall
44-58    sell or offer for sale within this state a variable contract or do
44-59    or perform any act or thing in the sale, negotiation, making, or
44-60    consummating of any variable contract other than for himself,
44-61    unless such person shall have a valid and current license issued
44-62    under Article 21.07-1 of this code [certificate from the State
44-63    Board of Insurance] authorizing such person to act within this
44-64    state as a general life, accident, and health [variable] agent.
44-65    [No such certificate shall be issued unless and until said board is
44-66    satisfied, after examination, that such person is by training,
44-67    knowledge, ability, and character qualified to act as such agent.
44-68    Any such certificate may be withdrawn and cancelled by said board,
44-69    after notice and hearing, if it shall find that the holder thereof
 45-1    does not then have the qualifications required for issue of such
 45-2    certificate.]
 45-3          (b)  The licensing and regulation of a person acting as a
 45-4    variable agent is subject to the same provisions applicable to the
 45-5    licensing and regulation of other agents under Subchapter A,
 45-6    Chapter 21, of this code.  [The Commissioner of Insurance shall
 45-7    collect in advance from variable agent applicants a nonrefundable
 45-8    license fee in an amount not to exceed $50.  Unless the State Board
 45-9    of Insurance accepts a qualifying examination administered by a
45-10    testing service, as provided under Article 21.01-1, Insurance Code,
45-11    as amended, the Commissioner of Insurance shall collect in advance
45-12    from variable agent applicants an examination fee in an amount not
45-13    to exceed $20.  The State Board of Insurance shall determine the
45-14    amount of the fees.  A new examination fee shall be paid for each
45-15    and every examination.  The examination fee shall not be returned
45-16    under any circumstance other than for failure to appear and take
45-17    the examination after the applicant has given at least 24 hours
45-18    notice of an emergency situation to the Commissioner of Insurance
45-19    and received the Commissioner's approval.  All fees collected
45-20    pursuant to this section shall be deposited in the State Treasury
45-21    to the credit of the State Board of Insurance operating fund to be
45-22    used to administer the provisions of this section and Article
45-23    21.07-1, Insurance Code, as amended.]
45-24          [(c)  Each license issued to a variable contract agent shall
45-25    expire two years following the date of issue, unless prior thereto
45-26    it is suspended or revoked by the Commissioner of Insurance.]
45-27          [(d)  The Commissioner of Insurance shall suspend the license
45-28    of a variable agent during any period in which the agent does not
45-29    have an outstanding valid appointment.  The Commissioner of
45-30    Insurance shall lift the suspension on receipt by the State Board
45-31    of Insurance of acceptable notice of a valid appointment.]
45-32          [(e)  A license applicant or licensee whose license
45-33    application or license has been denied, refused, or revoked under
45-34    this section may not apply for any license as an insurance agent
45-35    before the first anniversary of the effective date of the denial,
45-36    refusal, or revocation, or, if the applicant or licensee seeks
45-37    judicial review of the denial, refusal, or revocation, before the
45-38    first anniversary of the date of the final court order or decree
45-39    affirming that action.  The Commissioner of Insurance may deny an
45-40    application timely filed if the applicant does not show good cause
45-41    why the denial, refusal, or revocation of the previous license
45-42    application or license should not be considered a bar to the
45-43    issuance of a new license.]
45-44          [(f)  Licenses which have not expired or which have not been
45-45    suspended or revoked may be renewed by filing with the State Board
45-46    of Insurance a completed renewal application and paying the
45-47    nonrefundable renewal fee set by the board in an amount not to
45-48    exceed $50 on or before the expiration date of the license in
45-49    accordance with Article 21.01-2 of this code.]
45-50          [(g)  Any agent licensed under this article may represent and
45-51    act as an agent for more than one insurance carrier any time while
45-52    the license is in force, if the agent so desires.  Any such agent
45-53    and the insurance carrier involved must give notice to the State
45-54    Board of Insurance of any additional appointment or appointments
45-55    authorizing the agent to act as agent for an additional insurance
45-56    carrier or carriers.  Such notice shall be accompanied by a
45-57    certificate from each insurance carrier to be named in each
45-58    additional appointment that said insurance carrier desires to
45-59    appoint the applicant as its agent.  This notice shall also contain
45-60    such other information as the State Board of Insurance may require.
45-61    The agent or company shall be required to pay a nonrefundable fee
45-62    in an amount not to exceed $16 as determined by the State Board of
45-63    Insurance for each additional appointment applied for, which fee
45-64    shall accompany the notice.  If approval of the additional
45-65    appointment is not received from the board before the eighth day
45-66    after the date on which the completed application and fee were
45-67    received by the board, the agent and the insurance carrier, in the
45-68    absence of notice of disapproval, may assume that the board
45-69    approves the application, and the agent may act for the insurance
 46-1    carrier.  All fees collected pursuant to this section shall be
 46-2    deposited in the State Treasury to the credit of the State Board of
 46-3    Insurance operating fund to be used to administer the provisions of
 46-4    this article and Article 21.07-1, Insurance Code, as amended.]
 46-5          [(h)  Duplicate License; Fee.  The Commissioner of Insurance
 46-6    shall collect in advance from agents requesting duplicate licenses
 46-7    a fee not to exceed $20.  The State Board of Insurance shall
 46-8    determine the amount of the fee.]
 46-9          SECTION 5.03.  Subsection (c), Article 5.13-1, Insurance
46-10    Code, is amended to read as follows:
46-11          (c)  The right of such insurers to issue prepaid legal
46-12    services contracts on individual, group, or franchise bases is
46-13    hereby recognized, and qualified agents of such insurers who are
46-14    licensed under Article 21.07-1 or [Articles 21.07 and] 21.14 of
46-15    this code [the Insurance Code, as amended, and Chapter 213, Acts of
46-16    the 54th Legislature, 1955, as amended (Article 21.07-1, Vernon's
46-17    Texas Insurance Code),] shall be authorized to write such coverages
46-18    under such rules [and regulations] as the commissioner [State Board
46-19    of Insurance] may prescribe.
46-20          SECTION 5.04.  Chapter 10, Insurance Code, is amended by
46-21    adding Article 10.37-3 to read as follows:
46-22          Art. 10.37-3.  AGENT'S LICENSE REQUIRED.  (a)  A person may
46-23    not solicit or procure insurance contracts on behalf of a fraternal
46-24    benefit society unless the person holds a license issued by the
46-25    department under this code or is specifically exempted from the
46-26    license requirement as provided by Section 2, Article 21.07-1, of
46-27    this code.
46-28          (b)  The licensing and regulation of agents for fraternal
46-29    benefit societies under this chapter is subject to the requirements
46-30    adopted under Subchapter A, Chapter 21, of this code and other
46-31    existing or subsequent applicable laws governing the licensing of
46-32    those agents.  A provision of such a law is applicable to a license
46-33    applicant and license holder under this chapter.
46-34          SECTION 5.05.  Article 16.24A, Insurance Code, is amended to
46-35    read as follows:
46-36          Art. 16.24A.  LICENSING OF AGENTS [FOR CROP INSURANCE].
46-37    (a)  No person or firm shall solicit, write, sign, execute or
46-38    deliver insurance policies, bind insurance risks, collect premiums,
46-39    or otherwise act in the capacity of an insurance agent [a local
46-40    recording agent] in the solicitation or sale of [crop] insurance
46-41    for a farm mutual insurance company unless the person or firm holds
46-42    a license issued [is licensed] under Subchapter A, Chapter 21,
46-43    [Article 21.14] of this code.
46-44          (b)  A farm mutual insurance company may not appoint and act
46-45    through an agent [who qualifies for a license as an agricultural
46-46    insurance agent] under Article 21.14-2 of this code.
46-47          SECTION 5.06.  Section 9, Article 17.25, Insurance Code, is
46-48    amended to read as follows:
46-49          Sec. 9.  AGENTS' LICENSE.  Agents [or solicitors] for such
46-50    companies shall be licensed and appointed as provided by Subchapter
46-51    A, Chapter 21, [in Article 21.07 or 21.14] of this Code.
46-52          SECTION 5.07.  Sections 4, 19, and 21, Managing General
46-53    Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
46-54    Code), are amended to read as follows:
46-55          Sec. 4.  REDEMPTION OF SHARES [APPLICATION FOR LICENSE; TO
46-56    WHOM LICENSE MAY BE ISSUED].  [(a)  Each applicant for license
46-57    shall be a resident of Texas and file a written sworn application
46-58    on forms furnished by the Commissioner.  The applicant shall
46-59    include in the application the names and addresses of the
46-60    applicant's officers, directors, shareholders, or partners, if
46-61    applicable, and affiliates.]
46-62          [(b)  The Commissioner shall issue a license to an individual
46-63    applicant upon successful completion of the examination and
46-64    compliance with the other requirements of this Act.]
46-65          [(c)  The Commissioner shall issue a license to a general
46-66    partnership, or to a limited liability partnership registered with
46-67    the Secretary of State under Section 3.08, Texas Revised
46-68    Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
46-69    Statutes), engaging in the business of insurance if each of the
 47-1    partners is licensed as an agent under this Act.  The term
 47-2    "partnership" or "agency partnership" as used in this Act means a
 47-3    general partnership or a registered limited liability partnership.]
 47-4          [(d)  The Commissioner shall issue a license to a corporation
 47-5    on finding:]
 47-6                [(1)  that the corporation is a Texas corporation
 47-7    having its principal place of business in the State of Texas and
 47-8    having as one of its purposes the authority to act as a managing
 47-9    general agent; and]
47-10                [(2)  that every officer, director, and shareholder of
47-11    the corporation is individually licensed as a managing general
47-12    agent under the provisions of this Insurance Code; provided,
47-13    however, that in the event ownership of the shares of such
47-14    corporation is acquired through devise or descent by an unlicensed
47-15    shareholder, the corporation shall still be entitled to a license
47-16    if such unlicensed shareholder qualifies as a licensed managing
47-17    general agent or disposes of the shares to a licensed managing
47-18    general agent within 90 days after the date of such stock
47-19    acquisition.  If an unlicensed person acquires shares in such a
47-20    corporation and does not qualify to be licensed as a managing
47-21    general agent and the person does not dispose of the shares within
47-22    the 90-day period to a licensed managing general agent, the shares
47-23    must be purchased by the corporation for the value of the shares of
47-24    stock as reflected by the regular books and records of the
47-25    corporation on the date of the acquisition of the shares by the
47-26    unlicensed person.  If the corporation fails or refuses to purchase
47-27    the shares, the corporation's license shall be cancelled.]
47-28          [(e)]  A corporation may redeem the shares of any shareholder
47-29    or the shares of a deceased shareholder, on terms agreed on by the
47-30    board of directors and the shareholder or the shareholder's
47-31    personal representative or at a price and on terms provided in the
47-32    articles of incorporation, the bylaws, or an existing contract
47-33    entered into between the shareholders of the corporation.
47-34          [(f)  Nothing contained herein shall be construed to permit
47-35    any unlicensed shareholder or any employee or agent of any
47-36    corporation licensed as a managing general agent to perform any act
47-37    of a managing general agent without obtaining a managing general
47-38    agent's license.]
47-39          [(g)  If at any time, any person holding a managing general
47-40    agent's license does not maintain the qualifications necessary to
47-41    obtain a license, the license of such person to act as a managing
47-42    general agent shall be cancelled or denied in accordance with the
47-43    other provisions of this Act.]
47-44          [(h)  Nothing in this section shall prevent any shareholder
47-45    from selling or otherwise transferring stock in any corporation to
47-46    a company or managing general agent licensed to do business in
47-47    Texas, nor prevent any such company or managing general agent from
47-48    owning all or any portion of the stock of such corporation.]
47-49          [(i)  Each corporation licensed as a managing general agent
47-50    shall notify the Commissioner of any change in its officers,
47-51    directors, or shareholders not later than the 30th day after the
47-52    date on which the change takes effect.]
47-53          [(j)  In this Act the term "corporation" shall mean a
47-54    corporation organized under the Texas Business Corporation Act or a
47-55    Texas domiciled limited liability company organized or existing
47-56    under the Texas Limited Liability Company Act (Article 1528n,
47-57    Vernon's Texas Civil Statutes) having its principal place of
47-58    business in this state and having as one of its purposes the
47-59    authority to act as a managing general insurance agent.  Each
47-60    officer, manager, and member of a limited liability company must be
47-61    licensed under this Act.  The licensing and regulation of a limited
47-62    liability company shall be subject to the same provisions and
47-63    requirements of this Act that are applicable to corporations
47-64    licensed under this Act.]
47-65          Sec. 19.  ADMINISTRATION AND REGULATION OF MANAGING GENERAL
47-66    AGENTS; VIOLATIONS OF ACT.  (a)  The licensing and regulation of a
47-67    person acting as a managing general agent is subject to the laws
47-68    and requirements applicable to the licensing and regulation of
47-69    other agents under Subchapter A, Chapter 21, Insurance Code.
 48-1          (b)  Any person, firm, or corporation who violates any of the
 48-2    provisions of this Act or any rule, regulation, or order adopted
 48-3    under this Act or Subchapter A, Chapter 21, Insurance Code, shall
 48-4    be subject to:
 48-5                (1)  Sections 2A, 3A, 4A, 5A, and 6A, Article 21.01-2,
 48-6    Insurance Code; and
 48-7                (2)  [sanctions under] Section 7, Article 1.10,
 48-8    Insurance Code.
 48-9          Sec. 21.  ADMINISTRATION OF ACT.  The administration of this
48-10    Act shall be vested in the commissioner, [State Board of Insurance]
48-11    who may establish, and from time to time amend, reasonable rules
48-12    [and regulations] for the administration of this Act.
48-13          SECTION 5.08.  Article 22.14, Insurance Code, is amended to
48-14    read as follows:
48-15          Art. 22.14.  LICENSING OF AGENTS.  All agents of stipulated
48-16    premium companies shall be licensed in accordance with the
48-17    provisions of Subchapter A [Art. 21.07] of Chapter 21 of this Code.
48-18          SECTION 5.09.  Chapter 23, Insurance Code, is amended by
48-19    adding Article 23.23A to read as follows:
48-20          Art. 23.23A.  REGULATION OF AGENTS.  The licensing and
48-21    regulation of an agent authorized to solicit prepaid legal services
48-22    contracts for corporations complying with this chapter is subject
48-23    to Subchapter A, Chapter 21, of this code.
48-24                         ARTICLE 6.  SURPLUS LINES
48-25          SECTION 6.01.  Subdivision (1), Subsection (a), Section 2,
48-26    Article 1.14-2, Insurance Code, is amended to read as follows:
48-27                (1)  "Surplus lines agent" means:
48-28                      (A)  [(i) is] an agent authorized under Article
48-29    21.14 who is granted a surplus lines license in accordance with
48-30    this Article; or
48-31                      (B)  [, (ii) is] a managing general agent who is
48-32    [(authorized to be licensed and] licensed under the Managing
48-33    General Agents' Licensing Act[, Acts, 1967, 60th Legislature,
48-34    Chapter 727, codified by Vernon as] (Article 21.07-3, Vernon's
48-35    Texas Insurance Code) who is granted a surplus lines license in
48-36    accordance with this Article and who complies with the provisions
48-37    of this Article, except it is not necessary that the managing
48-38    general agent be licensed as a general property and casualty
48-39    [recording] agent[, or (iii) is a nonresident insurance agent
48-40    authorized under Article 21.11 and who is granted a surplus lines
48-41    license for the limited purpose of acting on behalf of a purchasing
48-42    group operating in this state in the placement of liability
48-43    insurance for risks located in this state].
48-44          SECTION 6.02.  Subdivision (2), Subsection (a), Section 2,
48-45    Article 1.14-2, Insurance Code, is amended to read as follows:
48-46                (2)  A [Each "]surplus lines agent,["] as a condition
48-47    of being licensed as a surplus lines agent and as a condition of
48-48    continuing to be licensed as a surplus lines agent, shall offer the
48-49    proof of financial responsibility [solvency and demonstrate
48-50    capacity in respect of responsibility to insureds under policies of
48-51    surplus lines insurance, or in the alternative show proof of
48-52    adequate bond and surety] in respect of [his] transactions with
48-53    insureds under policies of surplus lines insurance [and] as
48-54    required by [the] reasonable rules [and regulations] of the
48-55    department [State Board of Insurance shall provide].
48-56          SECTION 6.03.  Subdivision (3), Subsection (a), Section 2,
48-57    Article 1.14-2, Insurance Code, is amended to read as follows:
48-58                (3)  Any surplus lines license granted to an agency
48-59    authorized under the Managing General Agents' Licensing Act
48-60    (Article 21.07-3, Vernon's Texas Insurance Code), but[, Acts, 1967,
48-61    60th Legislature, Chapter 727, that is] not [also] licensed under
48-62    Article 21.14 of this code, [the Insurance Code] shall be limited
48-63    to the acceptance of business originating through a regularly
48-64    licensed general property and casualty [recording] agent and does
48-65    [shall] not authorize the [such] surplus lines agency to transact
48-66    business directly with the applicant for insurance.
48-67          SECTION 6.04.  Subsection (b), Section 4, Article 1.14-2,
48-68    Insurance Code, is amended to read as follows:
48-69          (b)  The department [Texas Department of Insurance] may issue
 49-1    a surplus lines license to an applicant if the applicant submits a
 49-2    properly completed license application and an application fee as
 49-3    determined by the department and the department determines that the
 49-4    applicant [an agent as defined by Subdivision (1) of Subsection (a)
 49-5    of Section 2 of this article after the agent has]:
 49-6                (1)  is an individual who:
 49-7                      (A)  is a resident of this state;
 49-8                      (B)  is currently licensed as a general property
 49-9    and casualty agent under Article 21.14 of this code or as a
49-10    managing general agent under the Managing General Agents' Licensing
49-11    Act (Article 21.07-3, Vernon's Texas Insurance Code);
49-12                      (C)  has passed the surplus lines license
49-13    examination administered under Article 21.01-1 of this code and
49-14    department rules; and
49-15                      (D)  provides proof of financial responsibility
49-16    as required under Section 2 of this article [remitted the
49-17    application fee set by the Texas Department of Insurance in an
49-18    amount not to exceed $50];
49-19                (2)  is a corporation or partnership that:
49-20                      (A)  has at least one officer or director or at
49-21    least one active partner who:
49-22                            (i)  is a resident of this state; and
49-23                            (ii)  has passed the surplus lines license
49-24    examination required under this article;
49-25                      (B)  is currently licensed as a general property
49-26    and casualty agent under Article 21.14 of this code or as a
49-27    managing general agent under the Managing General Agents' Licensing
49-28    Act (Article 21.07-3, Vernon's Texas Insurance Code); and
49-29                      (C)  provides proof of financial responsibility
49-30    as required under Section 2 of this article [submitted a completed
49-31    license application on a form approved by the Texas Department of
49-32    Insurance]; or [and]
49-33                (3)  is a nonresident insurance agent authorized under
49-34    Article 21.11 of this code who holds a general property and
49-35    casualty license from the department and whose authority as a
49-36    surplus lines agent is limited to acting on behalf of a purchasing
49-37    group operating in this state in the placement of liability
49-38    insurance for risks located in this state [passed a qualifying
49-39    examination approved by the Texas Department of Insurance.  If the
49-40    agent is a general partnership or a registered limited liability
49-41    partnership, this examination must be met by each natural person
49-42    acting as a partner in that partnership.  If the agent is a
49-43    corporation, this examination requirement must be met by each
49-44    natural person acting as an officer, director, or shareholder of
49-45    that corporation.  If the agent is a limited liability company,
49-46    this examination requirement must be met by each natural person
49-47    acting as an officer, manager, and member of that limited liability
49-48    company].
49-49          SECTION 6.05.  Subsection (c), Section 4, Article 1.14-2,
49-50    Insurance Code, is amended to read as follows:
49-51          (c)  In addition to the requirements of this article, the
49-52    administration and regulation of a surplus lines agent's license
49-53    is governed by Subchapter A, Chapter 21, of this code, except that
49-54    Article 21.07 of this code does not apply to a license issued under
49-55    this article.  [Unless the State Board of Insurance adopts a system
49-56    for staggered renewal of licenses, as provided by Article 21.01-2
49-57    of this code, each license issued under this section is for a
49-58    two-year term that expires on December 31; however, the term of the
49-59    initial licensing period shall expire on December 31 of the year
49-60    following the year in which the license is issued.  A license may
49-61    be renewed for periods of two years.]
49-62          SECTION 6.06.  Subsection (d), Section 4, Article 1.14-2,
49-63    Insurance Code, is amended to read as follows:
49-64          (d)  If a license holder does not maintain the qualifications
49-65    necessary to obtain the license, the department may revoke or
49-66    suspend the license or deny the renewal of that license in
49-67    accordance with Article 21.01-2 of this code.  [By filing a
49-68    completed written application in the form prescribed by the State
49-69    Board of Insurance and paying the nonrefundable renewal fee set by
 50-1    the board in an amount not to exceed $50, an unexpired license may
 50-2    be renewed on or before the expiration date of the license.]
 50-3                           ARTICLE 7.  REPEALER
 50-4          SECTION 7.01.  The following laws are repealed:
 50-5                (1)  Subsections (f), (g), and (h), Section 4, Article
 50-6    1.14-2, Insurance Code;
 50-7                (2)  Section 15, Article 17.25, Insurance Code;
 50-8                (3)  Sections 15 and 15A, Texas Health Maintenance
 50-9    Organization Act (Sections 20A.15 and 20A.15A, Vernon's Texas
50-10    Insurance Code);
50-11                (4)  Sections 1, 3, 4, and 6, Article 21.01-2,
50-12    Insurance Code;
50-13                (5)  Article 21.02-1, Insurance Code;
50-14                (6)  Article 21.05, Insurance Code;
50-15                (7)  the following sections of Article 21.07, Insurance
50-16    Code:             
50-17                      (A)  Sections 1B and 1C;
50-18                      (B)  Section 3, as amended by Chapters 596 and
50-19    972, Acts of the 75th Legislature, Regular Session, 1997;
50-20                      (C)  Sections 3B, 4, 4A, 5, 7, 8, 9, 10, 10A, 11,
50-21    12, 13, 14, 15, 15A, 16, 17, 18, 19, and 20;
50-22                      (D)  Section 21, as added by Chapter 820, Acts of
50-23    the 75th Legislature, Regular Session, 1997; and
50-24                      (E)  Section 21, as added by Chapter 1196, Acts
50-25    of the 75th Legislature, Regular Session, 1997;
50-26                (8)  Article 21.07A, Insurance Code;
50-27                (9) Chapter 213, Acts of the 54th Legislature, Regular
50-28    Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
50-29                (10)  the following sections of the Managing General
50-30    Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
50-31    Code):
50-32                      (A)  Sections 4A, 4B, and 4C;
50-33                      (B)  Subsection (h), Section 5;
50-34                      (C)  Sections 6 and 6A;
50-35                      (D)  Sections 8, 9, and 10;
50-36                      (E)  Sections 12, 13, 14, and 15;
50-37                      (F)  Section 17; and
50-38                      (G)  Section 20;
50-39                (11)  Section 14, Article 21.14-1, Insurance Code;
50-40                (12)  Article 21.15, Insurance Code;
50-41                (13)  Article 21.15-2, Insurance Code;
50-42                (14)  Article 21.15-3, Insurance Code;
50-43                (15)  Article 21.15-4, Insurance Code;
50-44                (16)  Article 21.15-7, Insurance Code;
50-45                (17)  Section 10, Article 21.58A, Insurance Code; and
50-46                (18)  Article 23.23, Insurance Code.
50-47                ARTICLE 8.  GRANDFATHER CLAUSE; TRANSITION
50-48          SECTION 8.01.  On the effective date of this Act, a person
50-49    who holds a license issued by the Texas Department of Insurance
50-50    that is in good standing is:
50-51                (1)  considered licensed under the applicable licensing
50-52    law as amended by this Act;
50-53                (2)  entitled to act as an agent under the new license
50-54    type, subject to this article; and
50-55                (3)  subject to the provisions of the Insurance Code as
50-56    amended by this Act.
50-57          SECTION 8.02.  (a)  A person who, immediately before the
50-58    effective date of this Act, holds an  agent license issued by the
50-59    Texas Department of Insurance and who obtained that license by
50-60    passing a written examination is entitled to the appropriate
50-61    license as provided by Subchapter A, Chapter 21, Insurance Code, as
50-62    amended by this Act, without further examination.
50-63          (b)  A person who, immediately before the effective date of
50-64    this Act, holds an agent license issued by the Texas Department of
50-65    Insurance before January 1, 1999, and who obtained that license
50-66    without taking a written examination or who actually solicited
50-67    insurance on behalf of a stipulated premium company, farm mutual
50-68    company, or county mutual insurance company before January 1, 1999,
50-69    is entitled to the appropriate license as provided by Subchapter A,
 51-1    Chapter 21, Insurance Code, as amended by this Act, but must pass
 51-2    the appropriate license examination not later than the second
 51-3    anniversary of the date of issuance, to retain the license.  The
 51-4    license of a person who does not pass the license examination as
 51-5    required by this subsection expires on the second anniversary of
 51-6    the date of issuance and may not be renewed.
 51-7          (c)  A person who, immediately before the effective date of
 51-8    this Act, holds an agent license issued by the Texas Department of
 51-9    Insurance on or after January 1, 1999, and who obtained that
51-10    license without taking a written examination or who actually
51-11    solicited insurance on behalf of a stipulated premium company, farm
51-12    mutual company, or county mutual insurance company on or after
51-13    January 1, 1999, but before the effective date of this Act, is
51-14    entitled to the appropriate license as provided by Subchapter A,
51-15    Chapter 21, Insurance Code, as amended by this Act, but must pass
51-16    the appropriate license examination not later than May 31, 2000, to
51-17    retain the license.  The license of a person who does not pass the
51-18    license examination as required by this subsection expires on May
51-19    31, 2000.
51-20          (d)  A person who has actually solicited insurance on behalf
51-21    of a stipulated premium company, farm mutual company, or county
51-22    mutual insurance company for at least 24 months preceding the
51-23    effective date of this Act is entitled to the appropriate license
51-24    as provided by Subchapter A, Chapter 21, Insurance Code, as amended
51-25    by this Act, without further examination.
51-26          SECTION 8.03.  (a)  The Texas Department of Insurance may
51-27    issue a life, accident, and health license to a person who
51-28    solicited insurance on behalf of a fraternal benefit society
51-29    immediately before the effective date of this Act on submission to
51-30    the department by the person of the following:
51-31                (1)  a certified statement from the fraternal benefit
51-32    society indicating the period of time the person has solicited
51-33    insurance on behalf of the fraternal benefit society;
51-34                (2)  a completed license application form; and
51-35                (3)  a nonrefundable application fee in an amount
51-36    determined by the department.
51-37          (b)  To retain the license issued under Subsection (a) of
51-38    this section, a person who has solicited insurance on behalf of a
51-39    fraternal benefit society for less than two years as of the
51-40    effective date of this Act must pass the license examination
51-41    required under Subchapter A, Chapter 21, Insurance Code, not later
51-42    than the 180th day after the  date of issuance of the license.  The
51-43    license of a person who does not pass the license examination as
51-44    required by this subsection expires on the 180th day after the date
51-45    of issuance of the license and may not be renewed.
51-46             ARTICLE 9.  EFFECTIVE DATE; TRANSITION; EMERGENCY
51-47          SECTION 9.01.  (a)  This Act takes effect September 1, 1999.
51-48          (b)  Section 3, Article 21.01-1, Insurance Code, as amended
51-49    by this Act, applies to continuing education requirements for
51-50    insurance agents for a renewal of a license that occurs on or after
51-51    January 1, 2001.
51-52          SECTION 9.02.  The importance of this legislation and the
51-53    crowded condition of the calendars in both houses create an
51-54    emergency and an imperative public necessity that the
51-55    constitutional rule requiring bills to be read on three several
51-56    days in each house be suspended, and this rule is hereby suspended.
51-57                                 * * * * *