By:  Madla                                             S.B. No. 957
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the licensing of certain persons who provide services
 1-2     related to the business of insurance.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4                       ARTICLE 1.  SPECIALTY LICENSES
 1-5           SECTION 1.01.  Subchapter A, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.09 to read as follows:
 1-7           Art. 21.09.  SPECIALTY LICENSES
 1-8           Sec. 1.  GENERAL PROVISIONS.  (a)  The commissioner may issue
 1-9     a specialty license to an applicant who has complied with the
1-10     requirements of this article.  A specialty license authorizes the
1-11     license holder to act as an agent for the types of insurance
1-12     specified in this article for any insurer authorized to write these
1-13     types of insurance in this state.  A person who holds a license
1-14     under this article is known as a "specialty license holder."
1-15           (b)  For a specialty license to be issued under this article,
1-16     the applicant must submit to the commissioner:
1-17                 (1)  a written application, signed by the applicant, on
1-18     a form and supplements to the form prescribed by the commissioner,
1-19     that contains the information prescribed by the commissioner;
1-20                 (2)  a certification by an insurer authorized to do
1-21     business in this state that:
1-22                       (A)  is signed by an officer of the insurer and
1-23     affirmed as true under the penalties of perjury; and
1-24                       (B)  states that:
 2-1                             (i)  the insurer has satisfied itself that
 2-2     the named applicant is trustworthy and competent to act as the
 2-3     insurer's agent for a limited purpose authorized by this article;
 2-4     and
 2-5                             (ii)  the insurer will appoint the
 2-6     applicant to act as the agent for a type of insurance permitted by
 2-7     this article, if the specialty license applied for is issued by the
 2-8     department; and
 2-9                 (3)  a nonrefundable license fee set by the department
2-10     in an amount necessary to administer this article.
2-11           (c)  A specialty license issued under this article authorizes
2-12     an employee of the license holder to act as an agent with respect
2-13     to the kinds of insurance specified in this article if the
2-14     employee:
2-15                 (1)  is trained under Subsection (d) of this section to
2-16     act individually on behalf of the specialty license holder;
2-17                 (2)  is acting on behalf of and under the supervision
2-18     of the license holder; and
2-19                 (3)  is not compensated based primarily on the amount
2-20     of insurance sold by the employee under this article.
2-21           (d)  Each person licensed under this article shall conduct a
2-22     training program for each individual who is acting on behalf of the
2-23     license holder with respect to the specific type of insurance.  The
2-24     training program must be submitted to the commissioner for approval
2-25     before the training program is used and must meet the following
2-26     minimum standards:
 3-1                 (1)  each trainee must receive basic instruction about
 3-2     the kinds of insurance the license holder is authorized to offer
 3-3     for purchase by prospective consumers;
 3-4                 (2)  each trainee must be instructed to inform a
 3-5     prospective consumer that, except as may be specifically provided
 3-6     by another law of this state or the United States, the purchase of
 3-7     insurance specified in this article is not required in order to
 3-8     complete the associated consumer transaction; and
 3-9                 (3)  each trainee must be instructed with respect to
3-10     the disclosures required to be made to consumers.
3-11           (e)  Except as otherwise provided by this article, a
3-12     specialty license holder acting under this article shall comply
3-13     with all applicable provisions of this subchapter.
3-14           (f)  Notwithstanding any other provision of this subchapter
3-15     or any rule adopted by the commissioner, a specialty license holder
3-16     is not required to treat premiums collected from a consumer
3-17     purchasing insurance when completing an associated consumer
3-18     transaction as money received in a fiduciary capacity if:
3-19                 (1)  the insurer represented by the specialty license
3-20     holder has consented in writing, signed by an officer of the
3-21     insurer, that premiums need not be segregated from money received
3-22     by the license holder on account of the associated consumer
3-23     transaction; and
3-24                 (2)  the charges for insurance coverage are itemized
3-25     but not billed to the consumer separately from the charges for the
3-26     associated consumer transaction.
 4-1           (g)  Insurance may not be issued under this article unless:
 4-2                 (1)  at each location at which sales of insurance
 4-3     policies covered by this article occur, brochures or other written
 4-4     materials are prominently displayed and readily available to the
 4-5     prospective consumer that:
 4-6                       (A)  summarize, clearly and correctly, the
 4-7     material terms of insurance coverage offered to consumers,
 4-8     including the identity of the insurer;
 4-9                       (B)  disclose that the policies offered by the
4-10     license holder may provide a duplication of coverage already
4-11     provided by a consumer's personal auto insurance policy,
4-12     homeowner's insurance policy, personal liability insurance policy,
4-13     or other source of coverage;
4-14                       (C)  state that, except as specifically provided
4-15     by another law of this state or the United States, the purchase by
4-16     the consumer of the kinds of insurance specified in this article is
4-17     not required to complete the associated consumer transaction;
4-18                       (D)  describe the process for filing a claim in
4-19     the event the consumer elects to purchase coverage and in the event
4-20     of a claim; and
4-21                       (E)  contain any additional information on the
4-22     price, benefits, exclusions, conditions, or other limitations of
4-23     the policies required by the commissioner by rule; and
4-24                 (2)  evidence of coverage is provided to each consumer
4-25     who elects to purchase the coverage.
4-26           (h)  If a specialty license holder violates this subchapter,
 5-1     the commissioner may:
 5-2                 (1)  impose any disciplinary action authorized by
 5-3     Article 21.01-2 of this code; or
 5-4                 (2)  after notice and opportunity for hearing, impose
 5-5     other penalties, including suspending the transaction of insurance
 5-6     at specific locations where a violation of this subchapter has
 5-7     occurred, as the commissioner considers necessary or appropriate to
 5-8     implement the purposes of this subchapter.
 5-9           (i)  A specialty license holder may not in any manner
5-10     advertise, represent, or otherwise hold out the license holder or
5-11     any employee of the license holder as a licensed insurance agent
5-12     under another article of this code unless the entity or individual
5-13     actually holds the applicable license.
5-14           (j)  A person who holds a general agent's license issued
5-15     under Chapter 213, Acts of the 54th Legislature, Regular Session,
5-16     1955 (Article 21.07-1, Vernon's Texas Insurance Code), as amended,
5-17     or Article 21.14 of this code or who holds a substantially
5-18     equivalent license under this code, as determined by the
5-19     commissioner, is not required to obtain a specialty license but is
5-20     subject to the other requirements of this article in the
5-21     solicitation, sale, or delivery of an insurance product subject to
5-22     this article.
5-23           (k)  Each insurance company appointing an agent under this
5-24     article shall submit a certification of the appointment signed by
5-25     an officer of the insurer and affirm that the insurer has satisfied
5-26     itself that the license holder is trustworthy and competent to act
 6-1     as an insurance agent on behalf of the insurer.
 6-2           (l)  An examination is not required for issuance of a license
 6-3     under this article and continuing education requirements do not
 6-4     apply to a license issued under this article.
 6-5           (m)  A person who is licensed as an agent for a legal reserve
 6-6     life insurance company or as a local recording agent, or who holds
 6-7     a substantially equivalent license under this code, as determined
 6-8     by the commissioner, and who enters into a contract with an insurer
 6-9     to act as the insurer's agent in soliciting or writing policies or
6-10     certificates of insurance covered by this article may assign and
6-11     transfer to the agent's employer any commission, fee, or other
6-12     compensation to be paid to the agent under the agent's contract
6-13     with the insurer, but only if the sale of the insurance product
6-14     occurred within the scope of the agent's employment.
6-15           Sec. 2.  RENTAL CAR COMPANIES.  (a)  In this section:
6-16                 (1)  "Rental agreement" means a written agreement that
6-17     sets forth the terms and conditions governing the use of a vehicle
6-18     provided by a rental car company.
6-19                 (2)  "Rental car company" means a person engaged in the
6-20     business of providing leased or rented vehicles to the public.
6-21                 (3)  "Renter" means a person who obtains the use of a
6-22     vehicle from a rental car company under the terms of a rental
6-23     agreement.
6-24                 (4)  "Vehicle" means a private passenger motor vehicle,
6-25     including passenger vans and minivans that are primarily intended
6-26     for the transport of persons.
 7-1           (b)  Notwithstanding any other provision of this article or
 7-2     this code, the commissioner shall issue a specialty license under
 7-3     Section 1 of this article to a rental car company, or to the
 7-4     franchisee of a rental car company, that complies with this section
 7-5     only for the limited purposes set forth in this section.
 7-6           (c)  The rental car company or franchisee licensed under
 7-7     Section 1 of this article may act as an agent for an authorized
 7-8     insurer only in connection with the rental of vehicles and only
 7-9     with respect to:
7-10                 (1)  excess liability insurance that provides coverage
7-11     to the rental car company or franchisee and renters and other
7-12     authorized drivers of rental vehicles, in excess of the standard
7-13     liability limits provided by the rental car company in the rental
7-14     agreement, for liability arising from the negligent operation or
7-15     use of the rental vehicle;
7-16                 (2)  accident and health insurance that provides
7-17     coverage to renters and other vehicle occupants for accidental
7-18     death or dismemberment and for medical expenses resulting from an
7-19     accident involving the rental vehicle that occurs during the rental
7-20     period;
7-21                 (3)  personal effects insurance that provides coverage
7-22     to renters and other rental vehicle occupants for the loss of, or
7-23     damage to, personal effects that occurs during the rental period;
7-24     or
7-25                 (4)  any other coverage that the commissioner may
7-26     approve as meaningful and appropriate in connection with the rental
 8-1     of vehicles.
 8-2           (d)  Insurance may not be issued under this section unless:
 8-3                 (1)  the rental period under the rental agreement does
 8-4     not exceed 30 consecutive days; and
 8-5                 (2)  the brochures or other written materials
 8-6     containing the disclosures required by Section 1(g) of this article
 8-7     are prominently displayed and readily available to the prospective
 8-8     renter.
 8-9           Sec. 3.  CREDIT INSURANCE.  (a)  In this section:
8-10                 (1)  "Credit insurance" includes:
8-11                       (A)  credit life insurance;
8-12                       (B)  credit accident and health insurance;
8-13                       (C)  credit property insurance;
8-14                       (D)  credit involuntary unemployment insurance;
8-15     and
8-16                       (E)  insurance that covers the difference between
8-17     the actual cash value of a motor vehicle used as security for a
8-18     loan or lease and the outstanding balance of that loan or lease in
8-19     the event of loss or damage in which the vehicle is rendered an
8-20     actual or constructive total loss while the debt for which the
8-21     vehicle serves as security exceeds the actual cash value of the
8-22     vehicle.
8-23                 (2)  "Credit insurance agent" means a person licensed
8-24     to sell credit insurance under this article as specifically
8-25     provided by this section.
8-26                 (3)  "Credit property insurance" means insurance that
 9-1     provides coverage on personal property used as collateral for
 9-2     securing a personal or consumer loan or on personal property under
 9-3     an installment sales agreement or through a consumer credit
 9-4     transaction that is purchased in connection with or in relation to
 9-5     the personal or consumer loan, installment sale, or consumer credit
 9-6     transaction.  The term does not include insurance that provides
 9-7     theft, collision, liability, property damage, or comprehensive
 9-8     insurance coverage on an automobile, motorized aircraft,
 9-9     motorcycle, truck, truck-tractor, traction engine, or any other
9-10     self-propelled vehicle that is designed primarily for operation in
9-11     the air, or on highways, roadways, waterways, or the sea, and the
9-12     operating equipment of the self-propelled vehicle or craft, or that
9-13     is necessitated by reason of the liability imposed by law for
9-14     damages arising out of the ownership, operation, maintenance, or
9-15     use of any of those vehicles and crafts, other than single interest
9-16     coverage on any vehicle or craft described in this subdivision that
9-17     insures the interest of the creditor in the same manner as
9-18     collateral for a loan.
9-19           (b)  Notwithstanding any other provision of this article or
9-20     this code, the commissioner may issue a license under Section 1 of
9-21     this article to a retail distributor of goods, an automobile
9-22     dealer, a bank, a state or federal savings and loan, a state or
9-23     federal credit union, a finance company, a production credit
9-24     association, a manufactured home retailer, or a mobile home
9-25     retailer that complies with this section only for the limited
9-26     purposes set forth in this section.
 10-1          (c)  On appointment by the insurance company, a credit
 10-2    insurance agent may act as the agent of any company authorized to
 10-3    engage in the business of insurance under this code in the sale of
 10-4    any type of credit insurance that the company is authorized to
 10-5    write.  The authority conferred under this section specifically
 10-6    permits the sale of both individual and group credit insurance.
 10-7          (d)  A license holder and the license holder's representative
 10-8    are not required to make the disclosures required by Section 1(g)
 10-9    of this article if the license holder or the license holder's
10-10    representative complies with all disclosure requirements prescribed
10-11    by another provision of this code or another law of this state or
10-12    the United States relating to the sale or delivery of a credit
10-13    insurance product that is subject to this section.
10-14          Sec. 4.  TRAVEL INSURANCE LICENSE.  (a)  In this section:
10-15                (1)  "Planned trip" means any journey or travel
10-16    arranged through the services of a travel agency.
10-17                (2)  "Travel agency" means an entity engaged in the
10-18    business of selling or arranging transportation or accommodations
10-19    for the public.
10-20                (3)  "Traveler" means an individual who seeks the
10-21    assistance of a travel agency in connection with the planning and
10-22    purchase of a trip.
10-23          (b)  Notwithstanding any other provision of this article or
10-24    this code, the commissioner may issue a specialty license under
10-25    Section 1 of this article to a travel agency, the franchisee of a
10-26    travel agency, or a public carrier that complies with this section
 11-1    only for the limited purposes set forth in this section.
 11-2          (c)  The travel agency or franchisee licensed under Section 1
 11-3    of this article may act as an agent for any authorized insurer only
 11-4    in connection with the sale or arrangement of transportation or
 11-5    accommodations for travelers and only with respect to:
 11-6                (1)  accident and health insurance that provides
 11-7    coverage to a traveler for accidental death or dismemberment and
 11-8    for medical expenses resulting from an accident involving the
 11-9    traveler that occurs during the planned trip;
11-10                (2)  insurance that provides coverage to a traveler for
11-11    expenses incurred as a result of trip cancellation or interruption
11-12    of a planned trip;
11-13                (3)  personal effects insurance that provides coverage
11-14    to a traveler for the loss of, or damage to, personal effects that
11-15    occurs during the planned trip;
11-16                (4)  life insurance covering risks of travel during a
11-17    planned trip that does not exceed $50,000 on any one life; or
11-18                (5)  any other coverage that the commissioner may
11-19    approve as meaningful and appropriate in connection with the
11-20    transportation or accommodations arranged through a travel agency.
11-21          (d)  Insurance may not be issued under this section unless
11-22    the brochures or other written materials containing the disclosures
11-23    required by Section 1(g) of this article are prominently displayed
11-24    and readily available to the prospective traveler.
11-25          Sec. 5.  SELF-SERVICE STORAGE FACILITY LICENSE.  (a)  In this
11-26    section:
 12-1                (1)  "Rental agreement" means a written agreement that
 12-2    sets forth the terms and conditions governing the use of storage
 12-3    space provided by a self-service storage facility.
 12-4                (2)  "Self-service storage facility" means a person
 12-5    engaged in the business of providing leased or rented storage space
 12-6    to the public.
 12-7                (3)  "Renter" means a person who obtains the use of
 12-8    storage space from a self-service storage facility under a rental
 12-9    agreement.
12-10                (4)  "Storage space" means a room, unit, locker, or
12-11    open space offered for rental to the public for temporary storage
12-12    of personal belongings or light commercial goods.
12-13          (b)  Notwithstanding any other provision of this article or
12-14    this code, the commissioner may issue a specialty license under
12-15    Section 1 of this article to a self-service storage facility or to
12-16    the franchisee of a self-service storage facility that complies
12-17    with this section only for the limited purposes set forth in this
12-18    section.
12-19          (c)  A self-service storage facility or franchisee licensed
12-20    under Section 1 of this article may act as an agent for any
12-21    authorized insurer only in connection with the rental of storage
12-22    space and only with respect to:
12-23                (1)  insurance that provides hazard insurance coverage
12-24    to renters for the loss of, or damage to, tangible personal
12-25    property in storage or in transit during the rental period; or
12-26                (2)  any other coverage the commissioner may approve as
 13-1    meaningful and appropriate in connection with the rental of storage
 13-2    space.
 13-3          (d)  Insurance may not be issued under this section unless
 13-4    the brochures or other written materials containing the disclosures
 13-5    required by Section 1(g) of this article are prominently displayed
 13-6    and readily available to the prospective renter.
 13-7          Sec. 6.  RULES.  The commissioner may adopt rules necessary
 13-8    to implement this article and to meet the minimum requirements of
 13-9    federal law and regulations.
13-10          ARTICLE 2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE
13-11          SECTION 2.01.  Chapter 29, Acts of the 54th Legislature,
13-12    Regular Session, 1955 (Article 21.07-2, Vernon's Texas Insurance
13-13    Code), is transferred to the Insurance Code, redesignated as
13-14    Article 21.07-2, Insurance Code, and amended to read as follows:
13-15          Art. 21.07-2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE
13-16          Sec. 1.  DEFINITION OF TERM.  The term "Life and Health
13-17    Insurance Counselor" as used in this article [Act] shall mean any
13-18    person who, for money, fee, commission or any other thing of value
13-19    offers to examine, or examines any policy of life, accident, or
13-20    health insurance, any health benefit plan, or any annuity or pure
13-21    endowment contract for the purpose of giving, or gives, or offers
13-22    to give, any advice, counsel, recommendation or information in
13-23    respect to the terms, conditions, benefits, coverage or premium of
13-24    any such policy or contract, or in respect to the expediency or
13-25    advisability of altering, changing, exchanging, converting,
13-26    replacing, surrendering, continuing or rejecting any such policy,
 14-1    plan, or contract, or of accepting or procuring any such policy,
 14-2    plan, or contract from any insurer or issuer of a health benefit
 14-3    plan, or who in or on advertisements, cards, signs, circulars or
 14-4    letterheads, or elsewhere, or in any other way or manner by which
 14-5    public announcements are made, uses the title "insurance adviser,"
 14-6    "insurance specialist," "insurance counselor," "insurance analyst,"
 14-7    "policyholders' adviser," "policyholders' counselor," or any other
 14-8    similar title, or any title indicating that the person [he] gives,
 14-9    or is engaged in the business of giving advice, counsel,
14-10    recommendation or information to an insured, or a beneficiary, or
14-11    any person having any interest in a life, accident, or health
14-12    insurance contract, health benefit plan contract, annuity or pure
14-13    endowment contract.  This definition is not intended to prevent a
14-14    person who has obtained the professional designation of chartered
14-15    life underwriter (CLU), chartered financial consultant (ChFC) or
14-16    certified financial planner (CFP) by completing a course of
14-17    instruction recognized within the business of insurance from using
14-18    that designation to indicate professional achievement.
14-19          Sec. 2.  LICENSE REQUIRED; ISSUANCE BY DEPARTMENT.  No person
14-20    shall act as a Life and Health Insurance Counselor, as defined in
14-21    Section 1 of this article [hereof], unless authorized so to act by
14-22    a license issued by the department under [Board of Insurance
14-23    Commissioners of the State of Texas pursuant to the provisions of]
14-24    this article [Act].
14-25          Sec. 3.  EXEMPTIONS.  The provisions of this article [Act]
14-26    shall not apply to the following persons:
 15-1                (a)  Licensed agents for a life insurance company while
 15-2    acting for an insurer as its agent.
 15-3                (b)  Licensed attorneys at law of this State when
 15-4    acting within the course or scope of their profession.
 15-5                (c)  Licensed public accountants of this State while
 15-6    acting within the course or scope of their profession.
 15-7                (d)  A regular salaried officer or employee of an
 15-8    authorized insurer issuing policies of life or health insurance
 15-9    while acting for such insurer in discharging the duties of the
15-10    [his] position or employment.
15-11                (e)  An officer or employee of any bank or trust
15-12    company who receives no compensation from sources other than the
15-13    bank or trust company for such activities connected with the [his]
15-14    employment.
15-15                (f)  Employers or their officers or employees, or the
15-16    trustees of any employee benefit plan, to the extent that such
15-17    employers, officers, employees or trustees are engaged in the
15-18    administration or operation of any program of employee benefits
15-19    involving the use of insurance or annuities issued by a legal
15-20    reserve life insurance company.
15-21          Sec. 4.  CONTRACT, WRITING REQUIRED; DUPLICATES; OTHER
15-22    REQUISITES.  No contract or agreement between a Life and Health
15-23    Insurance Counselor, as defined in this article [Act], and any
15-24    other person, firm or corporation, relating to the activities,
15-25    services, advice, recommendations or information referred to in
15-26    Section 1 of this article [Act], shall be enforceable by or on
 16-1    behalf of such Life and Health Insurance Counselor unless it is in
 16-2    writing and executed in duplicate by the person, firm or
 16-3    corporation to be charged, nor unless one of said duplicates is
 16-4    delivered to and retained by such person, firm or corporation when
 16-5    executed, nor unless such contract or agreement plainly specifies
 16-6    the amount of the fee paid or to be paid by such person, firm or
 16-7    corporation, and the services to be rendered by such Life and
 16-8    Health Insurance Counselor; provided, however, that the foregoing
 16-9    provisions shall not be applicable to any of the persons set out in
16-10    Section 3 of this article [above].
16-11          Sec. 4a.  PROHIBITION OF DUAL COMPENSATION.  A person
16-12    licensed under the provisions of this article [Act] who is also
16-13    licensed under Chapter 213, Acts of the 54th Legislature, Regular
16-14    Session, 1955 ([Article 21.07 or] Article 21.07-1, Vernon's Texas
16-15    Insurance [of this] Code), as amended, and who receives a
16-16    commission or compensation for [his] services as an agent licensed
16-17    under Chapter 213, Acts of the 54th Legislature, Regular Session,
16-18    1955 ([Article 21.07 or] Article 21.07-1, Vernon's Texas Insurance
16-19    Code), as amended, shall not be entitled to receive a fee for the
16-20    same services [his service] to the same client as a Life and Health
16-21    Insurance Counselor.
16-22          Sec. 5.  MODE OF LICENSING AND REGULATION.  (a)  Except as
16-23    provided by this article, [The] licensing and regulation of a Life
16-24    and Health Insurance Counselor, as that term is defined herein,
16-25    shall be in the same manner and subject to the same requirements as
16-26    applicable to the licensing of agents under this subchapter [of
 17-1    legal reserve life insurance companies as provided in Article
 17-2    21.07-1 of the Texas Insurance Code, 1951,] or as provided by any
 17-3    existing or subsequent applicable law governing the licensing of
 17-4    such agents, and all the provisions thereof are hereby made
 17-5    applicable to applicants and licensees under this article [Act],
 17-6    except that a Life and Health Insurance Counselor shall not
 17-7    advertise in any manner and shall not circulate materials
 17-8    indicating professional superiority or the performance of
 17-9    professional service in a superior manner; provided, however, that
17-10    an appointment to act for an insurer shall not be a condition to
17-11    the licensing of a Life and Health Insurance Counselor.
17-12          (b)  An [In addition to the above requirements, the applicant
17-13    for licensure as a Life Insurance Counselor shall submit to the
17-14    Commissioner documentation that he has been licensed as a life
17-15    insurance agent in excess of three years.  After the Insurance
17-16    Commissioner has satisfied himself as to these requirements, he
17-17    shall then cause the] applicant for a Life and Health Insurance
17-18    Counselor's license must [to] sit for an examination administered
17-19    under Article 21.01-1 of this code that includes [which shall
17-20    include] the following five subjects and subject areas:
17-21                (1)  Fundamentals of life and health insurance;
17-22                (2)  Group life insurance, pensions and health
17-23    insurance;
17-24                (3)  Law, trust and taxation;
17-25                (4)  Finance and economics; and
17-26                (5)  Business insurance and estate planning.
 18-1          (c)  No license shall be granted until such individual shall
 18-2    have successfully passed each of the five parts under Subsection
 18-3    (b) of this section.  Such examinations may be given and scheduled
 18-4    by the Commissioner at the Commissioner's [his] discretion.  The
 18-5    department shall, without further examination, issue a license
 18-6    under this article to an individual who, on September 1, 1999,
 18-7    holds a [Individuals currently holding] Life Insurance Counselor
 18-8    license [licenses] issued by the department [Texas State Board of
 18-9    Insurance, who do not have the equivalent of the requirements above
18-10    listed, shall have one year from the date of enactment hereof to so
18-11    qualify].
18-12          Sec. 6.  INTENT OF LEGISLATURE; STATUTES AND AMENDMENTS
18-13    APPLICABLE.  Except as provided by this article, it [It] is the
18-14    legislative intent, and it is hereby provided, that the licensing
18-15    and regulation of any person acting as a Life and Health Insurance
18-16    Counselor shall be subject to the same statutes and requirements
18-17    applicable to the licensing and regulation of agents under this
18-18    subchapter [of legal reserve life insurance companies].  In event
18-19    of subsequent legislative enactment applicable to agents under this
18-20    subchapter [of legal reserve life insurance companies in lieu of,
18-21    or as an amendment to, present Article 21.07 of the Texas Insurance
18-22    Code], it is hereby provided that such statute shall be applicable
18-23    to any person acting as a Life and Health Insurance Counselor, as
18-24    defined in this article [Act].
18-25          Sec. 7.  VIOLATIONS.  [(a)]  A [person commits an offense if
18-26    the person acts as a life insurance counselor without a license
 19-1    issued under this Act or otherwise violates this Act.  Each
 19-2    violation constitutes a separate offense.  An offense under this
 19-3    subsection is a Class C misdemeanor.]
 19-4          [(b)  In addition to being subject to the penalty imposed
 19-5    under Subsection (a) of this section, a] person who commits a
 19-6    violation of this article [Act] is subject to license revocation
 19-7    under [Section 5,] Article 21.01-2 of this code[, Insurance Code].
 19-8    If the department revokes the license, the license holder is not
 19-9    eligible for a new license for two years after the effective date
19-10    of the license revocation.
19-11          Sec. 8.  PARTIAL INVALIDITY.  Should any Section or part
19-12    [thereof] of this article [Act] be held to be invalid for any
19-13    reason, such holding shall not be construed as affecting the
19-14    validity of any of the remaining Sections or parts of this article
19-15    [thereof], it being the legislative intent that the remainder of
19-16    this article [Section] shall stand, notwithstanding the invalidity
19-17    of any Section or part of this article [thereof].
19-18          Sec. 9.  CONTINUING EDUCATION.  A person who holds a license
19-19    issued under this article shall complete continuing education as
19-20    required by rules of the department or any applicable article of
19-21    this code.
19-22          Sec. 10.  RULES.  The commissioner may adopt rules necessary
19-23    to implement this article and to meet the minimum requirements of
19-24    federal law and regulations.
19-25          Sec. 11.  REFERENCE IN OTHER LAW.  A reference in any law to
19-26    Chapter 29, Acts of the 54th Legislature, Regular Session, 1955,
 20-1    means this article.
 20-2                      ARTICLE 3.  ADJUSTERS LICENSES
 20-3          SECTION 3.01.  Chapter 407, Acts of the 63rd Legislature,
 20-4    Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
 20-5    Code), is amended by amending Sections 15, 16, 17, and 23 and
 20-6    adding Section 24 to read as follows:
 20-7          Sec. 15.  PLACE OF BUSINESS.  Every licensed adjuster shall
 20-8    have and maintain [in this state] a place of business accessible to
 20-9    the public.  Such place of business shall be located where the
20-10    adjuster principally conducts transactions under the [his] license.
20-11    The [address of his place of business shall appear on all licenses
20-12    of the licensee, and the] licensee shall promptly notify the
20-13    commissioner of any change in the location of the place of business
20-14    [thereof].
20-15          Sec. 16.  EXPIRATION AND RENEWAL OF LICENSES.  Expiration and
20-16    renewal of licenses issued under this Act are governed by rules of
20-17    the department or any applicable article of the Insurance Code or
20-18    another insurance law of this state.  [(a)  Except as may be
20-19    provided by a staggered renewal system adopted under Article
20-20    21.01-2, Insurance Code, an adjuster's license expires two years
20-21    after the date of issuance.]
20-22          [(b)  Subject to the right of the commissioner to suspend,
20-23    revoke, or refuse to renew an adjuster's license, any such license
20-24    may be renewed by filing, on the form prescribed by the
20-25    commissioner, on or before the expiration date, a written request,
20-26    by or on behalf of the licensee, for such renewal, accompanied by
 21-1    payment of the renewal fee.]
 21-2          Sec. 17.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
 21-3    [(a)]  The department may discipline an adjuster or deny an
 21-4    application under department rules or any other applicable article
 21-5    of the Insurance Code or another insurance law of this state.  The
 21-6    rules may specify grounds for discipline that are comparable to
 21-7    grounds for discipline of other license holders under this
 21-8    subchapter [Section 5, Article 21.01-2, Insurance Code, for any of
 21-9    the following causes:]
21-10                [(1)  for any cause for which issuance of the license
21-11    could have been refused had it been existent and been known to the
21-12    board;]
21-13                [(2)  if the applicant or licensee willfully violates
21-14    or knowingly participates in the violation of any provision of this
21-15    Act;]
21-16                [(3)  if the applicant or licensee has obtained or
21-17    attempted to obtain any such license through willful
21-18    misrepresentation or fraud, or has failed to pass any examination
21-19    required under this Act;]
21-20                [(4)  if the applicant or licensee has misappropriated,
21-21    or converted to the applicant's or licensee's own use, or has
21-22    illegally withheld moneys required to be held in a fiduciary
21-23    capacity;]
21-24                [(5)  if the applicant or licensee has, with intent to
21-25    deceive, materially misrepresented the terms or effect of an
21-26    insurance contract, or has engaged in any fraudulent transactions;
 22-1    or]
 22-2                [(6)  if the applicant or licensee is convicted, by
 22-3    final judgment, of a felony.]
 22-4          [(b)  An applicant or licensee whose license application or
 22-5    license has been denied, refused, or revoked under this section may
 22-6    not apply for any license as an insurance agent or adjuster before
 22-7    the first anniversary of the effective date of the denial, refusal,
 22-8    or revocation, or, if the applicant or licensee seeks judicial
 22-9    review of the denial, refusal, or revocation, before the first
22-10    anniversary of the date of the final court order or decree
22-11    affirming that action.  The commissioner may deny an application
22-12    timely filed if the applicant does not show good cause why the
22-13    denial, refusal, or revocation of the previous license application
22-14    or license should not be considered a bar to the issuance of a new
22-15    license.  This subsection does not apply to an applicant whose
22-16    license application was denied for failure to pass a required
22-17    written examination].
22-18          Sec. 23.  DUPLICATE LICENSE; FEE.  The department
22-19    [Commissioner of Insurance] shall collect in advance from an
22-20    adjuster [adjusters] requesting a duplicate license [licenses] a
22-21    fee in an amount determined by the department [not to exceed $20.
22-22    The State Board of Insurance shall determine the amount of the
22-23    fee].
22-24          Sec. 24.  RULES.  The commissioner may adopt rules necessary
22-25    to implement this Act and to meet the minimum requirements of
22-26    federal law and regulations.
 23-1                      ARTICLE 4.  AGRICULTURE AGENTS
 23-2          SECTION 4.01.  Article 21.14-2, Insurance Code, is amended to
 23-3    read as follows:
 23-4          Art. 21.14-2.  [LICENSING OF] AGRICULTURAL INSURANCE AGENTS
 23-5          Sec. 1.  APPOINTING CERTAIN AGRICULTURAL INSURANCE AGENTS.
 23-6    An insurance company that holds a valid certificate of authority
 23-7    issued by this state to authorize the company to engage in the
 23-8    insurance business in this state, and whose authority in this state
 23-9    and in each other jurisdiction in which the company is licensed to
23-10    do business is limited [but limiting the insurance business only]
23-11    to the transaction of the business of insurance of risks on growing
23-12    crops, may appoint and act through agents who hold [qualify for] a
23-13    license under Article 21.14 of this code, subject to this article.
23-14          Sec. 2.  REQUIREMENTS FOR APPOINTMENT.  (a)  To appoint a
23-15    license holder [obtain a license] to act as an agent under this
23-16    article, an insurance company [applicant] must submit a completed
23-17    appointment form [written application] to the department
23-18    [commissioner of insurance on a form prescribed by the State Board
23-19    of Insurance] and pay a [$50] nonrefundable fee in an amount
23-20    determined by the commissioner.  The appointment form [application]
23-21    must bear an endorsement signed by a representative [an agent] of
23-22    an insurance company that meets the requirements of Section 1 of
23-23    this article [and must state that the applicant is a resident of
23-24    this state].
23-25          (b)  The commissioner of insurance shall approve the
23-26    appointment [license application] unless the commissioner
 24-1    determines that the applicant does not meet the requirements of
 24-2    this subchapter [article].
 24-3          (c)  The department may waive any examination requirement
 24-4    imposed under this subchapter for a license applicant seeking a
 24-5    company appointment under this article if the applicant has
 24-6    successfully completed an examination as required under the Federal
 24-7    Crop Insurance Corporation guidelines for delivery of the federal
 24-8    crop insurance program.  [Except as provided by a staggered renewal
 24-9    system adopted under Article 21.01-2 of this code, a license issued
24-10    under this article expires two years after the date of its issuance
24-11    unless a completed application to renew the license is filed with
24-12    the commissioner and the $50 nonrefundable renewal fee is paid on
24-13    or before that date, in which case the license continues in full
24-14    force and effect until renewed or the renewal is denied.]
24-15          (d)  The department may, at its discretion, accept continuing
24-16    education hours completed under the guidelines of the Federal Crop
24-17    Insurance Corporation as satisfying the continuing education
24-18    requirements imposed under this subchapter.  [An applicant for an
24-19    original or renewal license is not required to pass an examination
24-20    or meet any basic or continuing educational requirements to obtain
24-21    or renew a license under this article.]
24-22          Sec. 3.  MULTIPLE APPOINTMENTS AUTHORIZED.  A license holder
24-23    appointed under this article may act as an agent for more than one
24-24    insurance company, but may act as an agent under this article only
24-25    with respect to the business of insurance on growing crops.  [The
24-26    license of an agent is automatically suspended or canceled if the
 25-1    agent does not have outstanding a valid appointment to act as an
 25-2    agent for an insurance company described in Section 1 of this
 25-3    article.  The department may discipline a licensee or deny an
 25-4    application under Section 5, Article 21.01-2, of this code if it
 25-5    determines that the license applicant or licensee:]
 25-6                [(1)  has intentionally or knowingly violated the
 25-7    insurance laws of this state;]
 25-8                [(2)  has obtained or attempted to obtain a license by
 25-9    fraud or misrepresentation;]
25-10                [(3)  has misappropriated, converted, or illegally
25-11    withheld money belonging to an insurer or an insured or
25-12    beneficiary;]
25-13                [(4)  has been guilty of fraudulent or dishonest acts;]
25-14                [(5)  has materially misrepresented the terms and
25-15    conditions of an insurance policy or contract;]
25-16                [(6)  has made or issued or caused to be made or issued
25-17    any statement misrepresenting or making incomplete comparisons
25-18    regarding the terms or conditions of an insurance contract legally
25-19    issued by an insurance carrier for the purpose of inducing or
25-20    attempting to induce the owner of the contract to forfeit or
25-21    surrender the contract or allow the contract to expire or for the
25-22    purpose of replacing the contract with another contract;]
25-23                [(7)  has been convicted of a felony; or]
25-24                [(8)  is guilty of rebating an insurance premium or
25-25    discriminating between insureds.]
25-26          Sec. 4.  APPLICATION OF OTHER LAW.  This subchapter applies
 26-1    [Article 21.14 of this code does not apply] to the licensing and
 26-2    [or] regulation of an agent appointed under this article.
 26-3          Sec. 5.  RULES.  The commissioner may adopt rules necessary
 26-4    to implement this article and to meet the minimum requirements of
 26-5    federal law and regulations.
 26-6                           ARTICLE 5.  REPEALER
 26-7          SECTION 5.01.  The following laws are repealed:
 26-8                (1)  Section 21, Article 21.07, Insurance Code, as
 26-9    added by Chapter 820, Acts of the 75th Legislature, Regular
26-10    Session, 1997;
26-11                (2)  Section 21, Article 21.07, Insurance Code, as
26-12    added by Chapter 1196, Acts of the 75th Legislature, Regular
26-13    Session, 1997; and
26-14                (3)  Sections 18 and 19, Chapter 407, Acts of the 63rd
26-15    Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
26-16    Insurance Code).
26-17       ARTICLE 6.  GRANDFATHER PROVISIONS; EFFECTIVE DATE; EMERGENCY
26-18          SECTION 6.01.  This Act takes effect September 1, 1999.
26-19          SECTION 6.02.  (a)  Not later than January 1, 2000, the Texas
26-20    Department of Insurance shall issue an appropriate license under
26-21    Article 21.09, Insurance Code, as added by this Act, to a person
26-22    who, immediately before the effective date of this Act, holds an
26-23    agent license issued by the Texas Department of Insurance under
26-24    Section 21, Article 21.07, Insurance Code, as added by Chapter 820,
26-25    Acts of the 75th Legislature, Regular Session, 1997, or  Section
26-26    21, Article 21.07, Insurance Code, as added by Chapter 1196, Acts
 27-1    of the 75th Legislature, Regular Session, 1997.  On issuance of the
 27-2    new license, the license holder is subject to Article 21.09,
 27-3    Insurance Code, as added by this Act.
 27-4          (b)  A travel agency or franchisee is not required to be
 27-5    licensed as provided by Section 4, Article 21.09, Insurance Code,
 27-6    as added by this Act, before January 1, 2000.
 27-7          (c)  A self-service storage facility or franchisee is not
 27-8    required to be licensed under Section 5, Article 21.09, Insurance
 27-9    Code, as added by this Act, before January 1, 2000.
27-10          (d)  A person required to be licensed under Article 21.07-2,
27-11    Insurance Code, as redesignated and amended by this Act, who was
27-12    not required to be licensed under Chapter 29, Acts of the 54th
27-13    Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
27-14    Insurance Code), as it existed immediately before the effective
27-15    date of this Act, is not required to be licensed as provided by
27-16    this Act before January 1, 2000.
27-17          (e)  A person who holds a license to operate as an
27-18    agricultural insurance agent under Article 21.14-2, Insurance Code,
27-19    on the effective date of this Act is eligible for a license under
27-20    Article 21.14, Insurance Code, if the person applies for the
27-21    license to the Texas Department of Insurance before March 1, 2000,
27-22    and pays any required fees.  To maintain the license, the person
27-23    must pass the required qualifying examination for that license on
27-24    or before March 1, 2002.
27-25          SECTION 6.03.  The importance of this legislation and the
27-26    crowded condition of the calendars in both houses create an
 28-1    emergency and an imperative public necessity that the
 28-2    constitutional rule requiring bills to be read on three several
 28-3    days in each house be suspended, and this rule is hereby suspended.