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)  A person licensed under this article may not allow an
2-22     individual to act on the license holder's behalf with respect to
2-23     the specific type of insurance that the license holder is
2-24     authorized to offer unless that individual has completed an
2-25     approved training program.  An insurer that writes the specific
2-26     type of insurance for which the specialty license is sought must
 3-1     provide the materials for the training program to the license
 3-2     holder.  The insurer must submit the training program to the
 3-3     commissioner for approval before the training program is used.  The
 3-4     training program must meet the following minimum standards:
 3-5                 (1)  each trainee must receive basic instruction about
 3-6     the kinds of insurance the license holder is authorized to offer
 3-7     for purchase by prospective consumers;
 3-8                 (2)  each trainee must be instructed to inform a
 3-9     prospective consumer that, except as may be specifically provided
3-10     by another law of this state or the United States, the purchase of
3-11     insurance specified in this article is not required in order to
3-12     complete the associated consumer transaction; and
3-13                 (3)  each trainee must be instructed with respect to
3-14     the disclosures required to be made to consumers.
3-15           (e)  Except as otherwise provided by this article, a
3-16     specialty license holder acting under this article shall comply
3-17     with all applicable provisions of this subchapter.
3-18           (f)  Notwithstanding any other provision of this subchapter
3-19     or any rule adopted by the commissioner, a specialty license holder
3-20     is not required to treat premiums collected from a consumer
3-21     purchasing insurance when completing an associated consumer
3-22     transaction as money received in a fiduciary capacity if:
3-23                 (1)  the insurer represented by the specialty license
3-24     holder has consented in writing, signed by an officer of the
3-25     insurer, that premiums need not be segregated from money received
3-26     by the license holder on account of the associated consumer
 4-1     transaction; and
 4-2                 (2)  the charges for insurance coverage are itemized
 4-3     but not billed to the consumer separately from the charges for the
 4-4     associated consumer transaction.
 4-5           (g)  Insurance may not be issued under this article unless:
 4-6                 (1)  at each location at which sales of insurance
 4-7     policies covered by this article occur, brochures or other written
 4-8     materials are prominently displayed and readily available to the
 4-9     prospective consumer that:
4-10                       (A)  summarize, clearly and correctly, the
4-11     material terms of insurance coverage offered to consumers,
4-12     including the identity of the insurer;
4-13                       (B)  disclose that the policies offered by the
4-14     license holder may provide a duplication of coverage already
4-15     provided by a consumer's personal auto insurance policy,
4-16     homeowner's insurance policy, personal liability insurance policy,
4-17     or other source of coverage;
4-18                       (C)  state that, except as specifically provided
4-19     by another law of this state or the United States, the purchase by
4-20     the consumer of the kinds of insurance specified in this article is
4-21     not required to complete the associated consumer transaction;
4-22                       (D)  describe the process for filing a claim in
4-23     the event the consumer elects to purchase coverage and in the event
4-24     of a claim; and
4-25                       (E)  contain any additional information on the
4-26     price, benefits, exclusions, conditions, or other limitations of
 5-1     the policies required by the commissioner by rule; and
 5-2                 (2)  evidence of coverage is provided to each consumer
 5-3     who elects to purchase the coverage.
 5-4           (h)  If a specialty license holder violates this subchapter,
 5-5     the commissioner may:
 5-6                 (1)  impose any disciplinary action authorized by
 5-7     Article 21.01-2 of this code; or
 5-8                 (2)  after notice and opportunity for hearing, impose
 5-9     other penalties, including suspending the transaction of insurance
5-10     at specific locations where a violation of this subchapter has
5-11     occurred, as the commissioner considers necessary or appropriate to
5-12     implement the purposes of this subchapter.
5-13           (i)  A specialty license holder may not in any manner
5-14     advertise, represent, or otherwise hold out the license holder or
5-15     any employee of the license holder as a licensed insurance agent
5-16     under another article of this code unless the entity or individual
5-17     actually holds the applicable license.
5-18           (j)  A person who holds a general agent's license issued
5-19     under Chapter 213, Acts of the 54th Legislature, Regular Session,
5-20     1955 (Article 21.07-1, Vernon's Texas Insurance Code), as amended,
5-21     or Article 21.14 of this code or who holds a substantially
5-22     equivalent license under this code, as determined by the
5-23     commissioner, is not required to obtain a specialty license but is
5-24     subject to the other requirements of this article in the
5-25     solicitation, sale, or delivery of an insurance product subject to
5-26     this article.
 6-1           (k)  Each insurance company appointing an agent under this
 6-2     article shall submit a certification of the appointment signed by
 6-3     an officer of the insurer and affirm that the insurer has satisfied
 6-4     itself that the license holder is trustworthy and competent to act
 6-5     as an insurance agent on behalf of the insurer.
 6-6           (l)  An examination is not required for issuance of a license
 6-7     under this article and continuing education requirements do not
 6-8     apply to a license issued under this article.
 6-9           (m)  A person who is licensed as an agent for a legal reserve
6-10     life insurance company or as a local recording agent, or who holds
6-11     a substantially equivalent license under this code, as determined
6-12     by the commissioner, and who enters into a contract with an insurer
6-13     to act as the insurer's agent in soliciting or writing policies or
6-14     certificates of insurance covered by this article may assign and
6-15     transfer to the agent's employer any commission, fee, or other
6-16     compensation to be paid to the agent under the agent's contract
6-17     with the insurer, but only if the sale of the insurance product
6-18     occurred within the scope of the agent's employment.
6-19           Sec. 2.  RENTAL CAR COMPANIES.  (a)  In this section:
6-20                 (1)  "Rental agreement" means a written agreement that
6-21     sets forth the terms and conditions governing the use of a vehicle
6-22     or vehicle equipment provided by a rental car company.
6-23                 (2)  "Rental car company" means a person engaged in the
6-24     business of providing leased or rented vehicles or vehicle
6-25     equipment to the public.
6-26                 (3)  "Renter" means a person who obtains the use of a
 7-1     vehicle or vehicle equipment from a rental car company under the
 7-2     terms of a rental agreement.
 7-3                 (4)  "Vehicle" means:
 7-4                       (A)  a private passenger motor vehicle, including
 7-5     passenger vans and minivans that are primarily intended for the
 7-6     transport of persons;
 7-7                       (B)  a motor home;
 7-8                       (C)  a motorcycle;
 7-9                       (D)  a trailer with a gross vehicle weight rating
7-10     of 10,000 pounds or less; or
7-11                       (E)  a truck with a gross vehicle weight rating
7-12     of 26,000 pounds or less the operation of which does not require a
7-13     commercial driver's license.
7-14                 (5)  "Vehicle equipment" means a cartop carrier, tow
7-15     bar, or tow dolly specifically designed for use with a vehicle.
7-16           (b)  Notwithstanding any other provision of this article or
7-17     this code, the commissioner shall issue a specialty license under
7-18     Section 1 of this article to a rental car company, or to the
7-19     franchisee of a rental car company, that complies with this section
7-20     only for the limited purposes set forth in this section.
7-21           (c)  The rental car company or franchisee licensed under
7-22     Section 1 of this article may act as an agent for an authorized
7-23     insurer only in connection with the rental of vehicles or vehicle
7-24     equipment and only with respect to:
7-25                 (1)  excess liability insurance that provides coverage
7-26     to the rental car company or franchisee and renters and other
 8-1     authorized drivers of rental vehicles, in excess of the standard
 8-2     liability limits provided by the rental car company in the rental
 8-3     agreement, for liability arising from the negligent operation or
 8-4     use of the rental vehicle or vehicle equipment;
 8-5                 (2)  accident and health insurance that provides
 8-6     coverage to renters and other vehicle occupants for accidental
 8-7     death or dismemberment and for medical expenses resulting from an
 8-8     accident involving the rental vehicle or vehicle equipment that
 8-9     occurs during the rental period;
8-10                 (3)  personal effects insurance that provides coverage
8-11     to renters and other rental vehicle occupants for the loss of, or
8-12     damage to, personal effects or household belongings that occurs
8-13     during the rental period; or
8-14                 (4)  any other coverage that the commissioner may
8-15     approve as meaningful and appropriate in connection with the rental
8-16     of vehicles or vehicle equipment.
8-17           (d)  Insurance may not be issued under this section unless:
8-18                 (1)  the rental period under the rental agreement does
8-19     not exceed 30 consecutive days; and
8-20                 (2)  the brochures or other written materials
8-21     containing the disclosures required by Section 1(g) of this article
8-22     are prominently displayed and readily available to the prospective
8-23     renter of a vehicle or vehicle equipment.
8-24           Sec. 3.  CREDIT INSURANCE.  (a)  In this section:
8-25                 (1)  "Credit insurance" includes:
8-26                       (A)  credit life insurance;
 9-1                       (B)  credit accident and health insurance;
 9-2                       (C)  credit property insurance;
 9-3                       (D)  credit involuntary unemployment insurance;
 9-4     and
 9-5                       (E)  insurance that covers the difference between
 9-6     the actual cash value of a motor vehicle used as security for a
 9-7     loan or lease and the outstanding balance of that loan or lease in
 9-8     the event of loss or damage in which the vehicle is rendered an
 9-9     actual or constructive total loss while the debt for which the
9-10     vehicle serves as security exceeds the actual cash value of the
9-11     vehicle.
9-12                 (2)  "Credit insurance agent" means a person licensed
9-13     to sell credit insurance under this article as specifically
9-14     provided by this section.
9-15                 (3)  "Credit property insurance" means insurance that
9-16     provides coverage on personal property used as collateral for
9-17     securing a personal or consumer loan or on personal property under
9-18     an installment sales agreement or through a consumer credit
9-19     transaction that is purchased in connection with or in relation to
9-20     the personal or consumer loan, installment sale, or consumer credit
9-21     transaction.  The term does not include insurance that provides
9-22     theft, collision, liability, property damage, or comprehensive
9-23     insurance coverage on an automobile, motorized aircraft,
9-24     motorcycle, truck, truck-tractor, traction engine, or any other
9-25     self-propelled vehicle that is designed primarily for operation in
9-26     the air, or on highways, roadways, waterways, or the sea, and the
 10-1    operating equipment of the self-propelled vehicle or craft, or that
 10-2    is necessitated by reason of the liability imposed by law for
 10-3    damages arising out of the ownership, operation, maintenance, or
 10-4    use of any of those vehicles and crafts, other than single interest
 10-5    coverage on any vehicle or craft described in this subdivision that
 10-6    insures the interest of the creditor in the same manner as
 10-7    collateral for a loan.
 10-8          (b)  Notwithstanding any other provision of this article or
 10-9    this code, the commissioner may issue a license under Section 1 of
10-10    this article to a retail distributor of goods, an automobile
10-11    dealer, a bank, a state or federal savings and loan, a state or
10-12    federal credit union, a finance company, a production credit
10-13    association, a manufactured home retailer, or a mobile home
10-14    retailer that complies with this section only for the limited
10-15    purposes set forth in this section.
10-16          (c)  On appointment by the insurance company, a credit
10-17    insurance agent may act as the agent of any company authorized to
10-18    engage in the business of insurance under this code in the sale of
10-19    any type of credit insurance that the company is authorized to
10-20    write.  The authority conferred under this section specifically
10-21    permits the sale of both individual and group credit insurance.
10-22          (d)  A license holder and the license holder's representative
10-23    are not required to make the disclosures required by Section 1(g)
10-24    of this article if the license holder or the license holder's
10-25    representative complies with all disclosure requirements prescribed
10-26    by another provision of this code or another law of this state or
 11-1    the United States relating to the sale or delivery of a credit
 11-2    insurance product that is subject to this section.
 11-3          Sec. 4.  TRAVEL INSURANCE LICENSE.  (a)  In this section:
 11-4                (1)  "Planned trip" means any journey or travel
 11-5    arranged through the services of a travel agency.
 11-6                (2)  "Travel agency" means an entity engaged in the
 11-7    business of selling or arranging transportation or accommodations
 11-8    for the public.
 11-9                (3)  "Traveler" means an individual who seeks the
11-10    assistance of a travel agency in connection with the planning and
11-11    purchase of a trip.
11-12          (b)  Notwithstanding any other provision of this article or
11-13    this code, the commissioner may issue a specialty license under
11-14    Section 1 of this article to a travel agency, the franchisee of a
11-15    travel agency, or a public carrier that complies with this section
11-16    only for the limited purposes set forth in this section.
11-17          (c)  The travel agency or franchisee licensed under Section 1
11-18    of this article may act as an agent for any authorized insurer only
11-19    in connection with the sale or arrangement of transportation or
11-20    accommodations for travelers and only with respect to:
11-21                (1)  accident and health insurance that provides
11-22    coverage to a traveler for accidental death or dismemberment and
11-23    for medical expenses resulting from an accident involving the
11-24    traveler that occurs during the planned trip;
11-25                (2)  insurance that provides coverage to a traveler for
11-26    expenses incurred as a result of trip cancellation or interruption
 12-1    of a planned trip;
 12-2                (3)  personal effects insurance that provides coverage
 12-3    to a traveler for the loss of, or damage to, personal effects that
 12-4    occurs during the planned trip;
 12-5                (4)  life insurance covering risks of travel during a
 12-6    planned trip that does not exceed $150,000 on any one life; or
 12-7                (5)  any other coverage that the commissioner may
 12-8    approve as meaningful and appropriate in connection with the
 12-9    transportation or accommodations arranged through a travel agency.
12-10          (d)  Insurance may not be issued under this section unless
12-11    the brochures or other written materials containing the disclosures
12-12    required by Section 1(g) of this article are prominently displayed
12-13    and readily available to the prospective traveler.
12-14          Sec. 5.  SELF-SERVICE STORAGE FACILITY LICENSE.  (a)  In this
12-15    section:
12-16                (1)  "Rental agreement" means a written agreement that
12-17    sets forth the terms and conditions governing the use of storage
12-18    space provided by a self-service storage facility.
12-19                (2)  "Renter" means a person who obtains the use of
12-20    storage space from a self-service storage facility under a rental
12-21    agreement.
12-22                (3)  "Self-service storage facility" means a person
12-23    engaged in the business of providing leased or rented storage space
12-24    to the public.
12-25                (4)  "Storage space" means a room, unit, locker, or
12-26    open space offered for rental to the public for temporary storage
 13-1    of personal belongings or light commercial goods.
 13-2          (b)  Notwithstanding any other provision of this article or
 13-3    this code, the commissioner may issue a specialty license under
 13-4    Section 1 of this article to a self-service storage facility or to
 13-5    the franchisee of a self-service storage facility that complies
 13-6    with this section only for the limited purposes set forth in this
 13-7    section.
 13-8          (c)  A self-service storage facility or franchisee licensed
 13-9    under Section 1 of this article may act as an agent for any
13-10    authorized insurer only in connection with the rental of storage
13-11    space and only with respect to:
13-12                (1)  insurance that provides hazard insurance coverage
13-13    to renters for the loss of, or damage to, tangible personal
13-14    property in storage or in transit during the rental period; or
13-15                (2)  any other coverage the commissioner may approve as
13-16    meaningful and appropriate in connection with the rental of storage
13-17    space.
13-18          (d)  Insurance may not be issued under this section unless
13-19    the brochures or other written materials containing the disclosures
13-20    required by Section 1(g) of this article are prominently displayed
13-21    and readily available to the prospective renter.
13-22          Sec. 6.  RULES.  The commissioner may adopt rules necessary
13-23    to implement this article and to meet the minimum requirements of
13-24    federal law and regulations.
13-25          ARTICLE 2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE
13-26          SECTION 2.01.  Chapter 29, Acts of the 54th Legislature,
 14-1    Regular Session, 1955 (Article 21.07-2, Vernon's Texas Insurance
 14-2    Code), is transferred to the Insurance Code, redesignated as
 14-3    Article 21.07-2, Insurance Code, and amended to read as follows:
 14-4          Art. 21.07-2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE
 14-5          Sec. 1.  DEFINITION OF TERM.  The term "Life and Health
 14-6    Insurance Counselor" as used in this article [Act] shall mean any
 14-7    person who, for money, fee, commission or any other thing of value
 14-8    offers to examine, or examines any policy of life, accident, or
 14-9    health insurance, any health benefit plan, or any annuity or pure
14-10    endowment contract for the purpose of giving, or gives, or offers
14-11    to give, any advice, counsel, recommendation or information in
14-12    respect to the terms, conditions, benefits, coverage or premium of
14-13    any such policy or contract, or in respect to the expediency or
14-14    advisability of altering, changing, exchanging, converting,
14-15    replacing, surrendering, continuing or rejecting any such policy,
14-16    plan, or contract, or of accepting or procuring any such policy,
14-17    plan, or contract from any insurer or issuer of a health benefit
14-18    plan, or who in or on advertisements, cards, signs, circulars or
14-19    letterheads, or elsewhere, or in any other way or manner by which
14-20    public announcements are made, uses the title "insurance adviser,"
14-21    "insurance specialist," "insurance counselor," "insurance analyst,"
14-22    "policyholders' adviser," "policyholders' counselor," or any other
14-23    similar title, or any title indicating that the person [he] gives,
14-24    or is engaged in the business of giving advice, counsel,
14-25    recommendation or information to an insured, or a beneficiary, or
14-26    any person having any interest in a life, accident, or health
 15-1    insurance contract, health benefit plan contract, annuity or pure
 15-2    endowment contract.  This definition is not intended to prevent a
 15-3    person who has obtained the professional designation of chartered
 15-4    life underwriter (CLU), chartered financial consultant (ChFC) or
 15-5    certified financial planner (CFP) by completing a course of
 15-6    instruction recognized within the business of insurance from using
 15-7    that designation to indicate professional achievement.
 15-8          Sec. 2.  LICENSE REQUIRED; ISSUANCE BY DEPARTMENT.  No person
 15-9    shall act as a Life and Health Insurance Counselor, as defined in
15-10    Section 1 of this article [hereof], unless authorized so to act by
15-11    a license issued by the department under [Board of Insurance
15-12    Commissioners of the State of Texas pursuant to the provisions of]
15-13    this article [Act].
15-14          Sec. 3.  EXEMPTIONS.  The provisions of this article [Act]
15-15    shall not apply to the following persons:
15-16                (a)  Licensed agents for a life insurance company while
15-17    acting for an insurer as its agent.
15-18                (b)  Licensed attorneys at law of this State when
15-19    acting within the course or scope of their profession.
15-20                (c)  Licensed public accountants of this State while
15-21    acting within the course or scope of their profession.
15-22                (d)  A regular salaried officer or employee of an
15-23    authorized insurer issuing policies of life or health insurance
15-24    while acting for such insurer in discharging the duties of the
15-25    [his] position or employment.
15-26                (e)  An officer or employee of any bank or trust
 16-1    company who receives no compensation from sources other than the
 16-2    bank or trust company for such activities connected with the [his]
 16-3    employment.
 16-4                (f)  Employers or their officers or employees, or the
 16-5    trustees of any employee benefit plan, to the extent that such
 16-6    employers, officers, employees or trustees are engaged in the
 16-7    administration or operation of any program of employee benefits
 16-8    involving the use of insurance or annuities issued by a legal
 16-9    reserve life insurance company.
16-10          Sec. 4.  CONTRACT, WRITING REQUIRED; DUPLICATES; OTHER
16-11    REQUISITES.  No contract or agreement between a Life and Health
16-12    Insurance Counselor, as defined in this article [Act], and any
16-13    other person, firm or corporation, relating to the activities,
16-14    services, advice, recommendations or information referred to in
16-15    Section 1 of this article [Act], shall be enforceable by or on
16-16    behalf of such Life and Health Insurance Counselor unless it is in
16-17    writing and executed in duplicate by the person, firm or
16-18    corporation to be charged, nor unless one of said duplicates is
16-19    delivered to and retained by such person, firm or corporation when
16-20    executed, nor unless such contract or agreement plainly specifies
16-21    the amount of the fee paid or to be paid by such person, firm or
16-22    corporation, and the services to be rendered by such Life and
16-23    Health Insurance Counselor; provided, however, that the foregoing
16-24    provisions shall not be applicable to any of the persons set out in
16-25    Section 3 of this article [above].
16-26          Sec. 4a.  PROHIBITION OF DUAL COMPENSATION.  A person
 17-1    licensed under the provisions of this article [Act] who is also
 17-2    licensed under Chapter 213, Acts of the 54th Legislature, Regular
 17-3    Session, 1955 ([Article 21.07 or] Article 21.07-1, Vernon's Texas
 17-4    Insurance [of this] Code), as amended, and who receives a
 17-5    commission or compensation for [his] services as an agent licensed
 17-6    under Chapter 213, Acts of the 54th Legislature, Regular Session,
 17-7    1955 ([Article 21.07 or] Article 21.07-1, Vernon's Texas Insurance
 17-8    Code), as amended, shall not be entitled to receive a fee for the
 17-9    same services [his service] to the same client as a Life and Health
17-10    Insurance Counselor.
17-11          Sec. 5.  MODE OF LICENSING AND REGULATION.  (a)  Except as
17-12    provided by this article, [The] licensing and regulation of a Life
17-13    and Health Insurance Counselor, as that term is defined herein,
17-14    shall be in the same manner and subject to the same requirements as
17-15    applicable to the licensing of agents under this subchapter [of
17-16    legal reserve life insurance companies as provided in Article
17-17    21.07-1 of the Texas Insurance Code, 1951,] or as provided by any
17-18    existing or subsequent applicable law governing the licensing of
17-19    such agents, and all the provisions thereof are hereby made
17-20    applicable to applicants and licensees under this article [Act],
17-21    except that a Life and Health Insurance Counselor shall not
17-22    advertise in any manner and shall not circulate materials
17-23    indicating professional superiority or the performance of
17-24    professional service in a superior manner; provided, however, that
17-25    an appointment to act for an insurer shall not be a condition to
17-26    the licensing of a Life and Health Insurance Counselor.
 18-1          (b)  An [In addition to the above requirements, the applicant
 18-2    for licensure as a Life Insurance Counselor shall submit to the
 18-3    Commissioner documentation that he has been licensed as a life
 18-4    insurance agent in excess of three years.  After the Insurance
 18-5    Commissioner has satisfied himself as to these requirements, he
 18-6    shall then cause the] applicant for a Life and Health Insurance
 18-7    Counselor's license must [to] sit for an examination administered
 18-8    under Article 21.01-1 of this code that includes [which shall
 18-9    include] the following five subjects and subject areas:
18-10                (1)  Fundamentals of life and health insurance;
18-11                (2)  Group life insurance, pensions and health
18-12    insurance;
18-13                (3)  Law, trust and taxation;
18-14                (4)  Finance and economics; and
18-15                (5)  Business insurance and estate planning.
18-16          (c)  No license shall be granted until such individual shall
18-17    have successfully passed each of the five parts under Subsection
18-18    (b) of this section.  Such examinations may be given and scheduled
18-19    by the Commissioner at the Commissioner's [his] discretion.  The
18-20    department shall, without further examination, issue a license
18-21    under this article to an individual who, on September 1, 1999,
18-22    holds a [Individuals currently holding] Life Insurance Counselor
18-23    license [licenses] issued by the department [Texas State Board of
18-24    Insurance, who do not have the equivalent of the requirements above
18-25    listed, shall have one year from the date of enactment hereof to so
18-26    qualify].
 19-1          Sec. 6.  INTENT OF LEGISLATURE; STATUTES AND AMENDMENTS
 19-2    APPLICABLE.  Except as provided by this article, it [It] is the
 19-3    legislative intent, and it is hereby provided, that the licensing
 19-4    and regulation of any person acting as a Life and Health Insurance
 19-5    Counselor shall be subject to the same statutes and requirements
 19-6    applicable to the licensing and regulation of agents under this
 19-7    subchapter [of legal reserve life insurance companies].  In event
 19-8    of subsequent legislative enactment applicable to agents under this
 19-9    subchapter [of legal reserve life insurance companies in lieu of,
19-10    or as an amendment to, present Article 21.07 of the Texas Insurance
19-11    Code], it is hereby provided that such statute shall be applicable
19-12    to any person acting as a Life and Health Insurance Counselor, as
19-13    defined in this article [Act].
19-14          Sec. 7.  VIOLATIONS.  [(a)]  A [person commits an offense if
19-15    the person acts as a life insurance counselor without a license
19-16    issued under this Act or otherwise violates this Act.  Each
19-17    violation constitutes a separate offense.  An offense under this
19-18    subsection is a Class C misdemeanor.]
19-19          [(b)  In addition to being subject to the penalty imposed
19-20    under Subsection (a) of this section, a] person who commits a
19-21    violation of this article [Act] is subject to license revocation
19-22    under [Section 5,] Article 21.01-2 of this code[, Insurance Code].
19-23    If the department revokes the license, the license holder is not
19-24    eligible for a new license for two years after the effective date
19-25    of the license revocation.
19-26          Sec. 8.  PARTIAL INVALIDITY.  Should any Section or part
 20-1    [thereof] of this article [Act] be held to be invalid for any
 20-2    reason, such holding shall not be construed as affecting the
 20-3    validity of any of the remaining Sections or parts of this article
 20-4    [thereof], it being the legislative intent that the remainder of
 20-5    this article [Section] shall stand, notwithstanding the invalidity
 20-6    of any Section or part of this article [thereof].
 20-7          Sec. 9.  CONTINUING EDUCATION.  A person who holds a license
 20-8    issued under this article shall complete continuing education as
 20-9    required by rules of the department or any applicable article of
20-10    this code.
20-11          Sec. 10.  RULES.  The commissioner may adopt rules necessary
20-12    to implement this article and to meet the minimum requirements of
20-13    federal law and regulations.
20-14          Sec. 11.  REFERENCE IN OTHER LAW.  A reference in any law to
20-15    Chapter 29, Acts of the 54th Legislature, Regular Session, 1955,
20-16    means this article.
20-17                      ARTICLE 3.  ADJUSTERS LICENSES
20-18          SECTION 3.01.  Chapter 407, Acts of the 63rd Legislature,
20-19    Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
20-20    Code), is amended by amending Sections 15, 16, 17, and 23 and
20-21    adding Section 24 to read as follows:
20-22          Sec. 15.  PLACE OF BUSINESS.  Every licensed adjuster shall
20-23    have and maintain [in this state] a place of business accessible to
20-24    the public.  Such place of business shall be located where the
20-25    adjuster principally conducts transactions under the [his] license.
20-26    The [address of his place of business shall appear on all licenses
 21-1    of the licensee, and the] licensee shall promptly notify the
 21-2    commissioner of any change in the location of the place of business
 21-3    [thereof].
 21-4          Sec. 16.  EXPIRATION AND RENEWAL OF LICENSES.  Expiration and
 21-5    renewal of licenses issued under this Act are governed by rules of
 21-6    the department or any applicable article of the Insurance Code or
 21-7    another insurance law of this state.  [(a)  Except as may be
 21-8    provided by a staggered renewal system adopted under Article
 21-9    21.01-2, Insurance Code, an adjuster's license expires two years
21-10    after the date of issuance.]
21-11          [(b)  Subject to the right of the commissioner to suspend,
21-12    revoke, or refuse to renew an adjuster's license, any such license
21-13    may be renewed by filing, on the form prescribed by the
21-14    commissioner, on or before the expiration date, a written request,
21-15    by or on behalf of the licensee, for such renewal, accompanied by
21-16    payment of the renewal fee.]
21-17          Sec. 17.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
21-18    [(a)]  The department may discipline an adjuster or deny an
21-19    application under department rules or any other applicable article
21-20    of the Insurance Code or another insurance law of this state.  The
21-21    rules may specify grounds for discipline that are comparable to
21-22    grounds for discipline of other license holders under this
21-23    subchapter [Section 5, Article 21.01-2, Insurance Code, for any of
21-24    the following causes:]
21-25                [(1)  for any cause for which issuance of the license
21-26    could have been refused had it been existent and been known to the
 22-1    board;]
 22-2                [(2)  if the applicant or licensee willfully violates
 22-3    or knowingly participates in the violation of any provision of this
 22-4    Act;]
 22-5                [(3)  if the applicant or licensee has obtained or
 22-6    attempted to obtain any such license through willful
 22-7    misrepresentation or fraud, or has failed to pass any examination
 22-8    required under this Act;]
 22-9                [(4)  if the applicant or licensee has misappropriated,
22-10    or converted to the applicant's or licensee's own use, or has
22-11    illegally withheld moneys required to be held in a fiduciary
22-12    capacity;]
22-13                [(5)  if the applicant or licensee has, with intent to
22-14    deceive, materially misrepresented the terms or effect of an
22-15    insurance contract, or has engaged in any fraudulent transactions;
22-16    or]
22-17                [(6)  if the applicant or licensee is convicted, by
22-18    final judgment, of a felony.]
22-19          [(b)  An applicant or licensee whose license application or
22-20    license has been denied, refused, or revoked under this section may
22-21    not apply for any license as an insurance agent or adjuster before
22-22    the first anniversary of the effective date of the denial, refusal,
22-23    or revocation, or, if the applicant or licensee seeks judicial
22-24    review of the denial, refusal, or revocation, before the first
22-25    anniversary of the date of the final court order or decree
22-26    affirming that action.  The commissioner may deny an application
 23-1    timely filed if the applicant does not show good cause why the
 23-2    denial, refusal, or revocation of the previous license application
 23-3    or license should not be considered a bar to the issuance of a new
 23-4    license.  This subsection does not apply to an applicant whose
 23-5    license application was denied for failure to pass a required
 23-6    written examination].
 23-7          Sec. 23.  DUPLICATE LICENSE; FEE.  The department
 23-8    [Commissioner of Insurance] shall collect in advance from an
 23-9    adjuster [adjusters] requesting a duplicate license [licenses] a
23-10    fee in an amount determined by the department [not to exceed $20.
23-11    The State Board of Insurance shall determine the amount of the
23-12    fee].
23-13          Sec. 24.  RULES.  The commissioner may adopt rules necessary
23-14    to implement this Act and to meet the minimum requirements of
23-15    federal law and regulations.
23-16                      ARTICLE 4.  AGRICULTURE AGENTS
23-17          SECTION 4.01.  Article 21.14-2, Insurance Code, is amended to
23-18    read as follows:
23-19          Art. 21.14-2.  [LICENSING OF] AGRICULTURAL INSURANCE AGENTS
23-20          Sec. 1.  APPOINTING CERTAIN AGRICULTURAL INSURANCE AGENTS.
23-21    An insurance company that holds a valid certificate of authority
23-22    issued by this state to authorize the company to engage in the
23-23    insurance business in this state, and whose authority in this state
23-24    and in each other jurisdiction in which the company is licensed to
23-25    do business is limited [but limiting the insurance business only]
23-26    to the transaction of the business of insurance of risks on growing
 24-1    crops, may appoint and act through agents who hold [qualify for] a
 24-2    license under Article 21.14 of this code, subject to this article.
 24-3          Sec. 2.  REQUIREMENTS FOR APPOINTMENT.  (a)  To appoint a
 24-4    license holder [obtain a license] to act as an agent under this
 24-5    article, an insurance company [applicant] must submit a completed
 24-6    appointment form [written application] to the department
 24-7    [commissioner of insurance on a form prescribed by the State Board
 24-8    of Insurance] and pay a [$50] nonrefundable fee in an amount
 24-9    determined by the commissioner.  The appointment form [application]
24-10    must bear an endorsement signed by a representative [an agent] of
24-11    an insurance company that meets the requirements of Section 1 of
24-12    this article [and must state that the applicant is a resident of
24-13    this state].
24-14          (b)  The commissioner of insurance shall approve the
24-15    appointment [license application] unless the commissioner
24-16    determines that the applicant does not meet the requirements of
24-17    this subchapter [article].
24-18          (c)  The department may waive any examination requirement
24-19    imposed under this subchapter for a license applicant seeking a
24-20    company appointment under this article if the applicant has
24-21    successfully completed an examination as required under the Federal
24-22    Crop Insurance Corporation guidelines for delivery of the federal
24-23    crop insurance program.  [Except as provided by a staggered renewal
24-24    system adopted under Article 21.01-2 of this code, a license issued
24-25    under this article expires two years after the date of its issuance
24-26    unless a completed application to renew the license is filed with
 25-1    the commissioner and the $50 nonrefundable renewal fee is paid on
 25-2    or before that date, in which case the license continues in full
 25-3    force and effect until renewed or the renewal is denied.]
 25-4          (d)  The department may, at its discretion, accept continuing
 25-5    education hours completed under the guidelines of the Federal Crop
 25-6    Insurance Corporation as satisfying the continuing education
 25-7    requirements imposed under this subchapter.  [An applicant for an
 25-8    original or renewal license is not required to pass an examination
 25-9    or meet any basic or continuing educational requirements to obtain
25-10    or renew a license under this article.]
25-11          Sec. 3.  MULTIPLE APPOINTMENTS AUTHORIZED.  A license holder
25-12    appointed under this article may act as an agent for more than one
25-13    insurance company, but may act as an agent under this article only
25-14    with respect to the business of insurance on growing crops.  [The
25-15    license of an agent is automatically suspended or canceled if the
25-16    agent does not have outstanding a valid appointment to act as an
25-17    agent for an insurance company described in Section 1 of this
25-18    article.  The department may discipline a licensee or deny an
25-19    application under Section 5, Article 21.01-2, of this code if it
25-20    determines that the license applicant or licensee:]
25-21                [(1)  has intentionally or knowingly violated the
25-22    insurance laws of this state;]
25-23                [(2)  has obtained or attempted to obtain a license by
25-24    fraud or misrepresentation;]
25-25                [(3)  has misappropriated, converted, or illegally
25-26    withheld money belonging to an insurer or an insured or
 26-1    beneficiary;]
 26-2                [(4)  has been guilty of fraudulent or dishonest acts;]
 26-3                [(5)  has materially misrepresented the terms and
 26-4    conditions of an insurance policy or contract;]
 26-5                [(6)  has made or issued or caused to be made or issued
 26-6    any statement misrepresenting or making incomplete comparisons
 26-7    regarding the terms or conditions of an insurance contract legally
 26-8    issued by an insurance carrier for the purpose of inducing or
 26-9    attempting to induce the owner of the contract to forfeit or
26-10    surrender the contract or allow the contract to expire or for the
26-11    purpose of replacing the contract with another contract;]
26-12                [(7)  has been convicted of a felony; or]
26-13                [(8)  is guilty of rebating an insurance premium or
26-14    discriminating between insureds.]
26-15          Sec. 4.  APPLICATION OF OTHER LAW.  This subchapter applies
26-16    [Article 21.14 of this code does not apply] to the licensing and
26-17    [or] regulation of an agent appointed under this article.
26-18          Sec. 5.  RULES.  The commissioner may adopt rules necessary
26-19    to implement this article and to meet the minimum requirements of
26-20    federal law and regulations.
26-21          ARTICLE 5.  LICENSING REQUIREMENTS FOR AUTOMOBILE CLUBS
26-22          SECTION 5.01.  Subchapter F, Chapter 21, Insurance Code, is
26-23    amended by adding Article 21.80 to read as follows:
26-24          Art. 21.80.  LICENSING REQUIREMENTS FOR AUTOMOBILE CLUBS.
26-25    (a)  An automobile club as defined in Section 722.002(2),
26-26    Transportation Code, may provide insurance service only as provided
 27-1    by this section.
 27-2          (b)  An automobile club may provide a member accidental
 27-3    injury and death benefit insurance coverage through purchase of a
 27-4    group policy of insurance issued to the automobile club for the
 27-5    benefit of its members.  The coverage must be purchased from an
 27-6    insurance company authorized to sell that type of coverage in this
 27-7    state.  The automobile club shall provide each member covered by
 27-8    the insurance a certificate of participation.  The certificate of
 27-9    participation must state on its face in at least 14-point black
27-10    boldfaced type that the certificate is only a certificate of
27-11    participation in a group accidental injury and death policy and is
27-12    not motor vehicle liability insurance coverage.
27-13          (c)  An automobile club may endorse insurance products and
27-14    refer members to agents or insurers authorized to provide the
27-15    insurance products in this state.  The automobile club or an agent
27-16    of the automobile club may not receive remuneration for the
27-17    referral.
27-18          (d)  Except as provided by Subsection (e) of this article, an
27-19    automobile club performing services permitted by this article is
27-20    not subject to regulation under the insurance laws of this state
27-21    because of the performance of those services.
27-22          (e)  An automobile club may sell insurance products to a
27-23    member for a consideration separate from the amount that the member
27-24    pays for membership in the automobile club if the automobile club
27-25    is properly licensed as an agent under the applicable provisions of
27-26    this code.
 28-1          (f)  In addition to reimbursement services enumerated in
 28-2    Section 722.002(2), Transportation Code, an automobile club may
 28-3    contract with a member to reimburse the member for expenses the
 28-4    member incurs for towing, emergency road service, and lockout or
 28-5    lost key service and to provide immediate destination assistance
 28-6    and trip interruption service.  The insurance laws of this state do
 28-7    not apply to reimbursement provided under this subsection.
 28-8          SECTION 5.02.  Section 722.013, Transportation Code, is
 28-9    repealed.
28-10                           ARTICLE 6.  REPEALER
28-11          SECTION 6.01.  The following laws are repealed:
28-12                (1)  Section 21, Article 21.07, Insurance Code, as
28-13    added by Chapter 820, Acts of the 75th Legislature, Regular
28-14    Session, 1997;
28-15                (2)  Section 21, Article 21.07, Insurance Code, as
28-16    added by Chapter 1196, Acts of the 75th Legislature, Regular
28-17    Session, 1997; and
28-18                (3)  Sections 18 and 19, Chapter 407, Acts of the 63rd
28-19    Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
28-20    Insurance Code).
28-21       ARTICLE 7.  GRANDFATHER PROVISIONS; EFFECTIVE DATE; EMERGENCY
28-22          SECTION 7.01.  This Act takes effect September 1, 1999.
28-23          SECTION 7.02.  (a)  Not later than January 1, 2000, the Texas
28-24    Department of Insurance shall issue an appropriate license under
28-25    Article 21.09, Insurance Code, as added by this Act, to a person
28-26    who, immediately before the effective date of this Act, holds an
 29-1    agent license issued by the Texas Department of Insurance under
 29-2    Section 21, Article 21.07, Insurance Code, as added by Chapter 820,
 29-3    Acts of the 75th Legislature, Regular Session, 1997, or  Section
 29-4    21, Article 21.07, Insurance Code, as added by Chapter 1196, Acts
 29-5    of the 75th Legislature, Regular Session, 1997.  On issuance of the
 29-6    new license, the license holder is subject to Article 21.09,
 29-7    Insurance Code, as added by this Act.
 29-8          (b)  A travel agency or franchisee is not required to be
 29-9    licensed as provided by Section 4, Article 21.09, Insurance Code,
29-10    as added by this Act, before January 1, 2000.
29-11          (c)  A self-service storage facility or franchisee is not
29-12    required to be licensed under Section 5, Article 21.09, Insurance
29-13    Code, as added by this Act, before January 1, 2000.
29-14          (d)  A person required to be licensed under Article 21.07-2,
29-15    Insurance Code, as redesignated and amended by this Act, who was
29-16    not required to be licensed under Chapter 29, Acts of the 54th
29-17    Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
29-18    Insurance Code), as it existed immediately before the effective
29-19    date of this Act, is not required to be licensed as provided by
29-20    this Act before January 1, 2000.
29-21          (e)  A person who holds a license to operate as an
29-22    agricultural insurance agent under Article 21.14-2, Insurance Code,
29-23    on the effective date of this Act is eligible for a license under
29-24    Article 21.14, Insurance Code, if the person applies for the
29-25    license to the Texas Department of Insurance before March 1, 2000,
29-26    and pays any required fees.  To maintain the license, the person
                                                                S.B. No. 957
 30-1    must pass the required qualifying examination for that license on
 30-2    or before March 1, 2002.
 30-3          SECTION 7.03.  The importance of this legislation and the
 30-4    crowded condition of the calendars in both houses create an
 30-5    emergency and an imperative public necessity that the
 30-6    constitutional rule requiring bills to be read on three several
 30-7    days in each house be suspended, and this rule is hereby suspended.
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 957 passed the Senate on
         April 22, 1999, by a viva-voce vote; May 28, 1999, Senate refused
         to concur in House amendments and requested appointment of
         Conference Committee; May 28, 1999, House granted request of the
         Senate; May 30, 1999, Senate adopted Conference Committee Report by
         a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 957 passed the House, with
         amendments, on May 23, 1999, by a non-record vote; May 28, 1999,
         House granted request of the Senate for appointment of Conference
         Committee; May 30, 1999, House adopted Conference Committee Report
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor