76R15173 DLF-F                          
         By Madla                                               S.B. No. 957
         Substitute the following for S.B. No. 957:
         By Eiland                                          C.S.S.B. No. 957
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the licensing of certain persons who provide services
 1-3     related to the business of insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                       ARTICLE 1.  SPECIALTY LICENSES
 1-6           SECTION 1.01.  Subchapter A, Chapter 21, Insurance Code, is
 1-7     amended by adding Article 21.09 to read as follows:
 1-8           Art. 21.09.  SPECIALTY LICENSES
 1-9           Sec. 1.  GENERAL PROVISIONS.  (a)  The commissioner may issue
1-10     a specialty license to an applicant who has complied with the
1-11     requirements of this article.  A specialty license authorizes the
1-12     license holder to act as an agent for the types of insurance
1-13     specified in this article for any insurer authorized to write these
1-14     types of insurance in this state.  A person who holds a license
1-15     under this article is known as a "specialty license holder."
1-16           (b)  For a specialty license to be issued under this article,
1-17     the applicant must submit to the commissioner:
1-18                 (1)  a written application, signed by the applicant, on
1-19     a form and supplements to the form prescribed by the commissioner,
1-20     that contains the information prescribed by the commissioner;
1-21                 (2)  a certification by an insurer authorized to do
1-22     business in this state that:
1-23                       (A)  is signed by an officer of the insurer and
 2-1     affirmed as true under the penalties of perjury; and
 2-2                       (B)  states that:
 2-3                             (i)  the insurer has satisfied itself that
 2-4     the named applicant is trustworthy and competent to act as the
 2-5     insurer's agent for a limited purpose authorized by this article;
 2-6     and
 2-7                             (ii)  the insurer will appoint the
 2-8     applicant to act as the agent for a type of insurance permitted by
 2-9     this article, if the specialty license applied for is issued by the
2-10     department; and
2-11                 (3)  a nonrefundable license fee set by the department
2-12     in an amount necessary to administer this article.
2-13           (c)  A specialty license issued under this article authorizes
2-14     an employee of the license holder to act as an agent with respect
2-15     to the kinds of insurance specified in this article if the
2-16     employee:
2-17                 (1)  is trained under Subsection (d) of this section to
2-18     act individually on behalf of the specialty license holder;
2-19                 (2)  is acting on behalf of and under the supervision
2-20     of the license holder; and
2-21                 (3)  is not compensated based primarily on the amount
2-22     of insurance sold by the employee under this article.
2-23           (d)  Each person licensed under this article shall conduct a
2-24     training program for each individual who is acting on behalf of the
2-25     license holder with respect to the specific type of insurance.  The
2-26     training program must be submitted to the commissioner for approval
2-27     before the training program is used and must meet the following
 3-1     minimum standards:
 3-2                 (1)  each trainee must receive basic instruction about
 3-3     the kinds of insurance the license holder is authorized to offer
 3-4     for purchase by prospective consumers;
 3-5                 (2)  each trainee must be instructed to inform a
 3-6     prospective consumer that, except as may be specifically provided
 3-7     by another law of this state or the United States, the purchase of
 3-8     insurance specified in this article is not required in order to
 3-9     complete the associated consumer transaction; and
3-10                 (3)  each trainee must be instructed with respect to
3-11     the disclosures required to be made to consumers.
3-12           (e)  Except as otherwise provided by this article, a
3-13     specialty license holder acting under this article shall comply
3-14     with all applicable provisions of this subchapter.
3-15           (f)  Notwithstanding any other provision of this subchapter
3-16     or any rule adopted by the commissioner, a specialty license holder
3-17     is not required to treat premiums collected from a consumer
3-18     purchasing insurance when completing an associated consumer
3-19     transaction as money received in a fiduciary capacity if:
3-20                 (1)  the insurer represented by the specialty license
3-21     holder has consented in writing, signed by an officer of the
3-22     insurer, that premiums need not be segregated from money received
3-23     by the license holder on account of the associated consumer
3-24     transaction; and
3-25                 (2)  the charges for insurance coverage are itemized
3-26     but not billed to the consumer separately from the charges for the
3-27     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,
4-27     the commissioner may:
 5-1                 (1)  impose any disciplinary action authorized by
 5-2     Article 21.01-2 of this code; or
 5-3                 (2)  after notice and opportunity for hearing, impose
 5-4     other penalties, including suspending the transaction of insurance
 5-5     at specific locations where a violation of this subchapter has
 5-6     occurred, as the commissioner considers necessary or appropriate to
 5-7     implement the purposes of this subchapter.
 5-8           (i)  A specialty license holder may not in any manner
 5-9     advertise, represent, or otherwise hold out the license holder or
5-10     any employee of the license holder as a licensed insurance agent
5-11     under another article of this code unless the entity or individual
5-12     actually holds the applicable license.
5-13           (j)  A person who holds a general agent's license issued
5-14     under Chapter 213, Acts of the 54th Legislature, Regular Session,
5-15     1955 (Article 21.07-1, Vernon's Texas Insurance Code), as amended,
5-16     or Article 21.14 of this code or who holds a substantially
5-17     equivalent license under this code, as determined by the
5-18     commissioner, is not required to obtain a specialty license but is
5-19     subject to the other requirements of this article in the
5-20     solicitation, sale, or delivery of an insurance product subject to
5-21     this article.
5-22           (k)  Each insurance company appointing an agent under this
5-23     article shall submit a certification of the appointment signed by
5-24     an officer of the insurer and affirm that the insurer has satisfied
5-25     itself that the license holder is trustworthy and competent to act
5-26     as an insurance agent on behalf of the insurer.
5-27           (l)  An examination is not required for issuance of a license
 6-1     under this article and continuing education requirements do not
 6-2     apply to a license issued under this article.
 6-3           (m)  A person who is licensed as an agent for a legal reserve
 6-4     life insurance company or as a local recording agent, or who holds
 6-5     a substantially equivalent license under this code, as determined
 6-6     by the commissioner, and who enters into a contract with an insurer
 6-7     to act as the insurer's agent in soliciting or writing policies or
 6-8     certificates of insurance covered by this article may assign and
 6-9     transfer to the agent's employer any commission, fee, or other
6-10     compensation to be paid to the agent under the agent's contract
6-11     with the insurer, but only if the sale of the insurance product
6-12     occurred within the scope of the agent's employment.
6-13           Sec. 2.  RENTAL CAR COMPANIES.  (a)  In this section:
6-14                 (1)  "Rental agreement" means a written agreement that
6-15     sets forth the terms and conditions governing the use of a vehicle
6-16     or vehicle equipment provided by a rental car company.
6-17                 (2)  "Rental car company" means a person engaged in the
6-18     business of providing leased or rented vehicles or vehicle
6-19     equipment to the public.
6-20                 (3)  "Renter" means a person who obtains the use of a
6-21     vehicle or vehicle equipment from a rental car company under the
6-22     terms of a rental agreement.
6-23                 (4)  "Vehicle" means:
6-24                       (A)  a private passenger motor vehicle, including
6-25     passenger vans and minivans that are primarily intended for the
6-26     transport of persons;
6-27                       (B)  a motor home;
 7-1                       (C)  a motorcycle;
 7-2                       (D)  a trailer with a gross vehicle weight rating
 7-3     of 10,000 pounds or less; or
 7-4                       (E)  a truck with a gross vehicle weight rating
 7-5     of 26,000 pounds or less the operation of which does not require a
 7-6     commercial driver's license.
 7-7                 (5)  "Vehicle equipment" means a cartop carrier, tow
 7-8     bar, or tow dolly specifically designed for use with a vehicle.
 7-9           (b)  Notwithstanding any other provision of this article or
7-10     this code, the commissioner shall issue a specialty license under
7-11     Section 1 of this article to a rental car company, or to the
7-12     franchisee of a rental car company, that complies with this section
7-13     only for the limited purposes set forth in this section.
7-14           (c)  The rental car company or franchisee licensed under
7-15     Section 1 of this article may act as an agent for an authorized
7-16     insurer only in connection with the rental of vehicles or vehicle
7-17     equipment and only with respect to:
7-18                 (1)  excess liability insurance that provides coverage
7-19     to the rental car company or franchisee and renters and other
7-20     authorized drivers of rental vehicles, in excess of the standard
7-21     liability limits provided by the rental car company in the rental
7-22     agreement, for liability arising from the negligent operation or
7-23     use of the rental vehicle or vehicle equipment;
7-24                 (2)  accident and health insurance that provides
7-25     coverage to renters and other vehicle occupants for accidental
7-26     death or dismemberment and for medical expenses resulting from an
7-27     accident involving the rental vehicle or vehicle equipment that
 8-1     occurs during the rental period;
 8-2                 (3)  personal effects insurance that provides coverage
 8-3     to renters and other rental vehicle occupants for the loss of, or
 8-4     damage to, personal effects or household belongings that occurs
 8-5     during the rental period; or
 8-6                 (4)  any other coverage that the commissioner may
 8-7     approve as meaningful and appropriate in connection with the rental
 8-8     of vehicles or vehicle equipment.
 8-9           (d)  Insurance may not be issued under this section unless:
8-10                 (1)  the rental period under the rental agreement does
8-11     not exceed 30 consecutive days; and
8-12                 (2)  the brochures or other written materials
8-13     containing the disclosures required by Section 1(g) of this article
8-14     are prominently displayed and readily available to the prospective
8-15     renter of a vehicle or vehicle equipment.
8-16           Sec. 3.  CREDIT INSURANCE.  (a)  In this section:
8-17                 (1)  "Credit insurance" includes:
8-18                       (A)  credit life insurance;
8-19                       (B)  credit accident and health insurance;
8-20                       (C)  credit property insurance;
8-21                       (D)  credit involuntary unemployment insurance;
8-22     and
8-23                       (E)  insurance that covers the difference between
8-24     the actual cash value of a motor vehicle used as security for a
8-25     loan or lease and the outstanding balance of that loan or lease in
8-26     the event of loss or damage in which the vehicle is rendered an
8-27     actual or constructive total loss while the debt for which the
 9-1     vehicle serves as security exceeds the actual cash value of the
 9-2     vehicle.
 9-3                 (2)  "Credit insurance agent" means a person licensed
 9-4     to sell credit insurance under this article as specifically
 9-5     provided by this section.
 9-6                 (3)  "Credit property insurance" means insurance that
 9-7     provides coverage on personal property used as collateral for
 9-8     securing a personal or consumer loan or on personal property under
 9-9     an installment sales agreement or through a consumer credit
9-10     transaction that is purchased in connection with or in relation to
9-11     the personal or consumer loan, installment sale, or consumer credit
9-12     transaction.  The term does not include insurance that provides
9-13     theft, collision, liability, property damage, or comprehensive
9-14     insurance coverage on an automobile, motorized aircraft,
9-15     motorcycle, truck, truck-tractor, traction engine, or any other
9-16     self-propelled vehicle that is designed primarily for operation in
9-17     the air, or on highways, roadways, waterways, or the sea, and the
9-18     operating equipment of the self-propelled vehicle or craft, or that
9-19     is necessitated by reason of the liability imposed by law for
9-20     damages arising out of the ownership, operation, maintenance, or
9-21     use of any of those vehicles and crafts, other than single interest
9-22     coverage on any vehicle or craft described in this subdivision that
9-23     insures the interest of the creditor in the same manner as
9-24     collateral for a loan.
9-25           (b)  Notwithstanding any other provision of this article or
9-26     this code, the commissioner may issue a license under Section 1 of
9-27     this article to a retail distributor of goods, an automobile
 10-1    dealer, a bank, a state or federal savings and loan, a state or
 10-2    federal credit union, a finance company, a production credit
 10-3    association, a manufactured home retailer, or a mobile home
 10-4    retailer that complies with this section only for the limited
 10-5    purposes set forth in this section.
 10-6          (c)  On appointment by the insurance company, a credit
 10-7    insurance agent may act as the agent of any company authorized to
 10-8    engage in the business of insurance under this code in the sale of
 10-9    any type of credit insurance that the company is authorized to
10-10    write.  The authority conferred under this section specifically
10-11    permits the sale of both individual and group credit insurance.
10-12          (d)  A license holder and the license holder's representative
10-13    are not required to make the disclosures required by Section 1(g)
10-14    of this article if the license holder or the license holder's
10-15    representative complies with all disclosure requirements prescribed
10-16    by another provision of this code or another law of this state or
10-17    the United States relating to the sale or delivery of a credit
10-18    insurance product that is subject to this section.
10-19          Sec. 4.  TRAVEL INSURANCE LICENSE.  (a)  In this section:
10-20                (1)  "Planned trip" means any journey or travel
10-21    arranged through the services of a travel agency.
10-22                (2)  "Travel agency" means an entity engaged in the
10-23    business of selling or arranging transportation or accommodations
10-24    for the public.
10-25                (3)  "Traveler" means an individual who seeks the
10-26    assistance of a travel agency in connection with the planning and
10-27    purchase of a trip.
 11-1          (b)  Notwithstanding any other provision of this article or
 11-2    this code, the commissioner may issue a specialty license under
 11-3    Section 1 of this article to a travel agency, the franchisee of a
 11-4    travel agency, or a public carrier that complies with this section
 11-5    only for the limited purposes set forth in this section.
 11-6          (c)  The travel agency or franchisee licensed under Section 1
 11-7    of this article may act as an agent for any authorized insurer only
 11-8    in connection with the sale or arrangement of transportation or
 11-9    accommodations for travelers and only with respect to:
11-10                (1)  accident and health insurance that provides
11-11    coverage to a traveler for accidental death or dismemberment and
11-12    for medical expenses resulting from an accident involving the
11-13    traveler that occurs during the planned trip;
11-14                (2)  insurance that provides coverage to a traveler for
11-15    expenses incurred as a result of trip cancellation or interruption
11-16    of a planned trip;
11-17                (3)  personal effects insurance that provides coverage
11-18    to a traveler for the loss of, or damage to, personal effects that
11-19    occurs during the planned trip;
11-20                (4)  life insurance covering risks of travel during a
11-21    planned trip that does not exceed $100,000 on any one life; or
11-22                (5)  any other coverage that the commissioner may
11-23    approve as meaningful and appropriate in connection with the
11-24    transportation or accommodations arranged through a travel agency.
11-25          (d)  Insurance may not be issued under this section unless
11-26    the brochures or other written materials containing the disclosures
11-27    required by Section 1(g) of this article are prominently displayed
 12-1    and readily available to the prospective traveler.
 12-2          Sec. 5.  SELF-SERVICE STORAGE FACILITY LICENSE.  (a)  In this
 12-3    section:
 12-4                (1)  "Rental agreement" means a written agreement that
 12-5    sets forth the terms and conditions governing the use of storage
 12-6    space provided by a self-service storage facility.
 12-7                (2)  "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                (3)  "Self-service storage facility" means a person
12-11    engaged in the business of providing leased or rented storage space
12-12    to the public.
12-13                (4)  "Storage space" means a room, unit, locker, or
12-14    open space offered for rental to the public for temporary storage
12-15    of personal belongings or light commercial goods.
12-16          (b)  Notwithstanding any other provision of this article or
12-17    this code, the commissioner may issue a specialty license under
12-18    Section 1 of this article to a self-service storage facility or to
12-19    the franchisee of a self-service storage facility that complies
12-20    with this section only for the limited purposes set forth in this
12-21    section.
12-22          (c)  A self-service storage facility or franchisee licensed
12-23    under Section 1 of this article may act as an agent for any
12-24    authorized insurer only in connection with the rental of storage
12-25    space and only with respect to:
12-26                (1)  insurance that provides hazard insurance coverage
12-27    to renters for the loss of, or damage to, tangible personal
 13-1    property in storage or in transit during the rental period; or
 13-2                (2)  any other coverage the commissioner may approve as
 13-3    meaningful and appropriate in connection with the rental of storage
 13-4    space.
 13-5          (d)  Insurance may not be issued under this section unless
 13-6    the brochures or other written materials containing the disclosures
 13-7    required by Section 1(g) of this article are prominently displayed
 13-8    and readily available to the prospective renter.
 13-9          Sec. 6.  RULES.  The commissioner may adopt rules necessary
13-10    to implement this article and to meet the minimum requirements of
13-11    federal law and regulations.
13-12          ARTICLE 2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE
13-13          SECTION 2.01.  Chapter 29, Acts of the 54th Legislature,
13-14    Regular Session, 1955 (Article 21.07-2, Vernon's Texas Insurance
13-15    Code), is transferred to the Insurance Code, redesignated as
13-16    Article 21.07-2, Insurance Code, and amended to read as follows:
13-17          Art. 21.07-2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE
13-18          Sec. 1.  DEFINITION OF TERM.  The term "Life and Health
13-19    Insurance Counselor" as used in this article [Act] shall mean any
13-20    person who, for money, fee, commission or any other thing of value
13-21    offers to examine, or examines any policy of life, accident, or
13-22    health insurance, any health benefit plan, or any annuity or pure
13-23    endowment contract for the purpose of giving, or gives, or offers
13-24    to give, any advice, counsel, recommendation or information in
13-25    respect to the terms, conditions, benefits, coverage or premium of
13-26    any such policy or contract, or in respect to the expediency or
13-27    advisability of altering, changing, exchanging, converting,
 14-1    replacing, surrendering, continuing or rejecting any such policy,
 14-2    plan, or contract, or of accepting or procuring any such policy,
 14-3    plan, or contract from any insurer or issuer of a health benefit
 14-4    plan, or who in or on advertisements, cards, signs, circulars or
 14-5    letterheads, or elsewhere, or in any other way or manner by which
 14-6    public announcements are made, uses the title "insurance adviser,"
 14-7    "insurance specialist," "insurance counselor," "insurance analyst,"
 14-8    "policyholders' adviser," "policyholders' counselor," or any other
 14-9    similar title, or any title indicating that the person [he] gives,
14-10    or is engaged in the business of giving advice, counsel,
14-11    recommendation or information to an insured, or a beneficiary, or
14-12    any person having any interest in a life, accident, or health
14-13    insurance contract, health benefit plan contract, annuity or pure
14-14    endowment contract.  This definition is not intended to prevent a
14-15    person who has obtained the professional designation of chartered
14-16    life underwriter (CLU), chartered financial consultant (ChFC) or
14-17    certified financial planner (CFP) by completing a course of
14-18    instruction recognized within the business of insurance from using
14-19    that designation to indicate professional achievement.
14-20          Sec. 2.  LICENSE REQUIRED; ISSUANCE BY DEPARTMENT.  No person
14-21    shall act as a Life and Health Insurance Counselor, as defined in
14-22    Section 1 of this article [hereof], unless authorized so to act by
14-23    a license issued by the department under [Board of Insurance
14-24    Commissioners of the State of Texas pursuant to the provisions of]
14-25    this article [Act].
14-26          Sec. 3.  EXEMPTIONS.  The provisions of this article [Act]
14-27    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
15-27    behalf of such Life and Health Insurance Counselor unless it is in
 16-1    writing and executed in duplicate by the person, firm or
 16-2    corporation to be charged, nor unless one of said duplicates is
 16-3    delivered to and retained by such person, firm or corporation when
 16-4    executed, nor unless such contract or agreement plainly specifies
 16-5    the amount of the fee paid or to be paid by such person, firm or
 16-6    corporation, and the services to be rendered by such Life and
 16-7    Health Insurance Counselor; provided, however, that the foregoing
 16-8    provisions shall not be applicable to any of the persons set out in
 16-9    Section 3 of this article [above].
16-10          Sec. 4a.  PROHIBITION OF DUAL COMPENSATION.  A person
16-11    licensed under the provisions of this article [Act] who is also
16-12    licensed under Chapter 213, Acts of the 54th Legislature, Regular
16-13    Session, 1955 ([Article 21.07 or] Article 21.07-1, Vernon's Texas
16-14    Insurance [of this] Code), as amended, and who receives a
16-15    commission or compensation for [his] services as an agent licensed
16-16    under Chapter 213, Acts of the 54th Legislature, Regular Session,
16-17    1955 ([Article 21.07 or] Article 21.07-1, Vernon's Texas Insurance
16-18    Code), as amended, shall not be entitled to receive a fee for the
16-19    same services [his service] to the same client as a Life and Health
16-20    Insurance Counselor.
16-21          Sec. 5.  MODE OF LICENSING AND REGULATION.  (a)  Except as
16-22    provided by this article, [The] licensing and regulation of a Life
16-23    and Health Insurance Counselor, as that term is defined herein,
16-24    shall be in the same manner and subject to the same requirements as
16-25    applicable to the licensing of agents under this subchapter [of
16-26    legal reserve life insurance companies as provided in Article
16-27    21.07-1 of the Texas Insurance Code, 1951,] or as provided by any
 17-1    existing or subsequent applicable law governing the licensing of
 17-2    such agents, and all the provisions thereof are hereby made
 17-3    applicable to applicants and licensees under this article [Act],
 17-4    except that a Life and Health Insurance Counselor shall not
 17-5    advertise in any manner and shall not circulate materials
 17-6    indicating professional superiority or the performance of
 17-7    professional service in a superior manner; provided, however, that
 17-8    an appointment to act for an insurer shall not be a condition to
 17-9    the licensing of a Life and Health Insurance Counselor.
17-10          (b)  An [In addition to the above requirements, the applicant
17-11    for licensure as a Life Insurance Counselor shall submit to the
17-12    Commissioner documentation that he has been licensed as a life
17-13    insurance agent in excess of three years.  After the Insurance
17-14    Commissioner has satisfied himself as to these requirements, he
17-15    shall then cause the] applicant for a Life and Health Insurance
17-16    Counselor's license must [to] sit for an examination administered
17-17    under Article 21.01-1 of this code that includes [which shall
17-18    include] the following five subjects and subject areas:
17-19                (1)  Fundamentals of life and health insurance;
17-20                (2)  Group life insurance, pensions and health
17-21    insurance;
17-22                (3)  Law, trust and taxation;
17-23                (4)  Finance and economics; and
17-24                (5)  Business insurance and estate planning.
17-25          (c)  No license shall be granted until such individual shall
17-26    have successfully passed each of the five parts under Subsection
17-27    (b) of this section.  Such examinations may be given and scheduled
 18-1    by the Commissioner at the Commissioner's [his] discretion.  The
 18-2    department shall, without further examination, issue a license
 18-3    under this article to an individual who, on September 1, 1999,
 18-4    holds a [Individuals currently holding] Life Insurance Counselor
 18-5    license [licenses] issued by the department [Texas State Board of
 18-6    Insurance, who do not have the equivalent of the requirements above
 18-7    listed, shall have one year from the date of enactment hereof to so
 18-8    qualify].
 18-9          Sec. 6.  INTENT OF LEGISLATURE; STATUTES AND AMENDMENTS
18-10    APPLICABLE.  Except as provided by this article, it [It] is the
18-11    legislative intent, and it is hereby provided, that the licensing
18-12    and regulation of any person acting as a Life and Health Insurance
18-13    Counselor shall be subject to the same statutes and requirements
18-14    applicable to the licensing and regulation of agents under this
18-15    subchapter [of legal reserve life insurance companies].  In event
18-16    of subsequent legislative enactment applicable to agents under this
18-17    subchapter [of legal reserve life insurance companies in lieu of,
18-18    or as an amendment to, present Article 21.07 of the Texas Insurance
18-19    Code], it is hereby provided that such statute shall be applicable
18-20    to any person acting as a Life and Health Insurance Counselor, as
18-21    defined in this article [Act].
18-22          Sec. 7.  VIOLATIONS.  [(a)]  A [person commits an offense if
18-23    the person acts as a life insurance counselor without a license
18-24    issued under this Act or otherwise violates this Act.  Each
18-25    violation constitutes a separate offense.  An offense under this
18-26    subsection is a Class C misdemeanor.]
18-27          [(b)  In addition to being subject to the penalty imposed
 19-1    under Subsection (a) of this section, a] person who commits a
 19-2    violation of this article [Act] is subject to license revocation
 19-3    under [Section 5,] Article 21.01-2 of this code[, Insurance Code].
 19-4    If the department revokes the license, the license holder is not
 19-5    eligible for a new license for two years after the effective date
 19-6    of the license revocation.
 19-7          Sec. 8.  PARTIAL INVALIDITY.  Should any Section or part
 19-8    [thereof] of this article [Act] be held to be invalid for any
 19-9    reason, such holding shall not be construed as affecting the
19-10    validity of any of the remaining Sections or parts of this article
19-11    [thereof], it being the legislative intent that the remainder of
19-12    this article [Section] shall stand, notwithstanding the invalidity
19-13    of any Section or part of this article [thereof].
19-14          Sec. 9.  CONTINUING EDUCATION.  A person who holds a license
19-15    issued under this article shall complete continuing education as
19-16    required by rules of the department or any applicable article of
19-17    this code.
19-18          Sec. 10.  RULES.  The commissioner may adopt rules necessary
19-19    to implement this article and to meet the minimum requirements of
19-20    federal law and regulations.
19-21          Sec. 11.  REFERENCE IN OTHER LAW.  A reference in any law to
19-22    Chapter 29, Acts of the 54th Legislature, Regular Session, 1955,
19-23    means this article.
19-24                      ARTICLE 3.  ADJUSTERS LICENSES
19-25          SECTION 3.01.  Chapter 407, Acts of the 63rd Legislature,
19-26    Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
19-27    Code), is amended by amending Sections 15, 16, 17, and 23 and
 20-1    adding Section 24 to read as follows:
 20-2          Sec. 15.  PLACE OF BUSINESS.  Every licensed adjuster shall
 20-3    have and maintain [in this state] a place of business accessible to
 20-4    the public.  Such place of business shall be located where the
 20-5    adjuster principally conducts transactions under the [his] license.
 20-6    The [address of his place of business shall appear on all licenses
 20-7    of the licensee, and the] licensee shall promptly notify the
 20-8    commissioner of any change in the location of the place of business
 20-9    [thereof].
20-10          Sec. 16.  EXPIRATION AND RENEWAL OF LICENSES.  Expiration and
20-11    renewal of licenses issued under this Act are governed by rules of
20-12    the department or any applicable article of the Insurance Code or
20-13    another insurance law of this state.  [(a)  Except as may be
20-14    provided by a staggered renewal system adopted under Article
20-15    21.01-2, Insurance Code, an adjuster's license expires two years
20-16    after the date of issuance.]
20-17          [(b)  Subject to the right of the commissioner to suspend,
20-18    revoke, or refuse to renew an adjuster's license, any such license
20-19    may be renewed by filing, on the form prescribed by the
20-20    commissioner, on or before the expiration date, a written request,
20-21    by or on behalf of the licensee, for such renewal, accompanied by
20-22    payment of the renewal fee.]
20-23          Sec. 17.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
20-24    [(a)]  The department may discipline an adjuster or deny an
20-25    application under department rules or any other applicable article
20-26    of the Insurance Code or another insurance law of this state.  The
20-27    rules may specify grounds for discipline that are comparable to
 21-1    grounds for discipline of other license holders under this
 21-2    subchapter [Section 5, Article 21.01-2, Insurance Code, for any of
 21-3    the following causes:]
 21-4                [(1)  for any cause for which issuance of the license
 21-5    could have been refused had it been existent and been known to the
 21-6    board;]
 21-7                [(2)  if the applicant or licensee willfully violates
 21-8    or knowingly participates in the violation of any provision of this
 21-9    Act;]
21-10                [(3)  if the applicant or licensee has obtained or
21-11    attempted to obtain any such license through willful
21-12    misrepresentation or fraud, or has failed to pass any examination
21-13    required under this Act;]
21-14                [(4)  if the applicant or licensee has misappropriated,
21-15    or converted to the applicant's or licensee's own use, or has
21-16    illegally withheld moneys required to be held in a fiduciary
21-17    capacity;]
21-18                [(5)  if the applicant or licensee has, with intent to
21-19    deceive, materially misrepresented the terms or effect of an
21-20    insurance contract, or has engaged in any fraudulent transactions;
21-21    or]
21-22                [(6)  if the applicant or licensee is convicted, by
21-23    final judgment, of a felony.]
21-24          [(b)  An applicant or licensee whose license application or
21-25    license has been denied, refused, or revoked under this section may
21-26    not apply for any license as an insurance agent or adjuster before
21-27    the first anniversary of the effective date of the denial, refusal,
 22-1    or revocation, or, if the applicant or licensee seeks judicial
 22-2    review of the denial, refusal, or revocation, before the first
 22-3    anniversary of the date of the final court order or decree
 22-4    affirming that action.  The commissioner may deny an application
 22-5    timely filed if the applicant does not show good cause why the
 22-6    denial, refusal, or revocation of the previous license application
 22-7    or license should not be considered a bar to the issuance of a new
 22-8    license.  This subsection does not apply to an applicant whose
 22-9    license application was denied for failure to pass a required
22-10    written examination].
22-11          Sec. 23.  DUPLICATE LICENSE; FEE.  The department
22-12    [Commissioner of Insurance] shall collect in advance from an
22-13    adjuster [adjusters] requesting a duplicate license [licenses] a
22-14    fee in an amount determined by the department [not to exceed $20.
22-15    The State Board of Insurance shall determine the amount of the
22-16    fee].
22-17          Sec. 24.  RULES.  The commissioner may adopt rules necessary
22-18    to implement this Act and to meet the minimum requirements of
22-19    federal law and regulations.
22-20                      ARTICLE 4.  AGRICULTURE AGENTS
22-21          SECTION 4.01.  Article 21.14-2, Insurance Code, is amended to
22-22    read as follows:
22-23          Art. 21.14-2.  [LICENSING OF] AGRICULTURAL INSURANCE AGENTS
22-24          Sec. 1.  APPOINTING CERTAIN AGRICULTURAL INSURANCE AGENTS.
22-25    An insurance company that holds a valid certificate of authority
22-26    issued by this state to authorize the company to engage in the
22-27    insurance business in this state, and whose authority in this state
 23-1    and in each other jurisdiction in which the company is licensed to
 23-2    do business is limited [but limiting the insurance business only]
 23-3    to the transaction of the business of insurance of risks on growing
 23-4    crops, may appoint and act through agents who hold [qualify for] a
 23-5    license under Article 21.14 of this code, subject to this article.
 23-6          Sec. 2.  REQUIREMENTS FOR APPOINTMENT.  (a)  To appoint a
 23-7    license holder [obtain a license] to act as an agent under this
 23-8    article, an insurance company [applicant] must submit a completed
 23-9    appointment form [written application] to the department
23-10    [commissioner of insurance on a form prescribed by the State Board
23-11    of Insurance] and pay a [$50] nonrefundable fee in an amount
23-12    determined by the commissioner.  The appointment form [application]
23-13    must bear an endorsement signed by a representative [an agent] of
23-14    an insurance company that meets the requirements of Section 1 of
23-15    this article [and must state that the applicant is a resident of
23-16    this state].
23-17          (b)  The commissioner of insurance shall approve the
23-18    appointment [license application] unless the commissioner
23-19    determines that the applicant does not meet the requirements of
23-20    this subchapter [article].
23-21          (c)  The department may waive any examination requirement
23-22    imposed under this subchapter for a license applicant seeking a
23-23    company appointment under this article if the applicant has
23-24    successfully completed an examination as required under the Federal
23-25    Crop Insurance Corporation guidelines for delivery of the federal
23-26    crop insurance program.  [Except as provided by a staggered renewal
23-27    system adopted under Article 21.01-2 of this code, a license issued
 24-1    under this article expires two years after the date of its issuance
 24-2    unless a completed application to renew the license is filed with
 24-3    the commissioner and the $50 nonrefundable renewal fee is paid on
 24-4    or before that date, in which case the license continues in full
 24-5    force and effect until renewed or the renewal is denied.]
 24-6          (d)  The department may, at its discretion, accept continuing
 24-7    education hours completed under the guidelines of the Federal Crop
 24-8    Insurance Corporation as satisfying the continuing education
 24-9    requirements imposed under this subchapter.  [An applicant for an
24-10    original or renewal license is not required to pass an examination
24-11    or meet any basic or continuing educational requirements to obtain
24-12    or renew a license under this article.]
24-13          Sec. 3.  MULTIPLE APPOINTMENTS AUTHORIZED.  A license holder
24-14    appointed under this article may act as an agent for more than one
24-15    insurance company, but may act as an agent under this article only
24-16    with respect to the business of insurance on growing crops.  [The
24-17    license of an agent is automatically suspended or canceled if the
24-18    agent does not have outstanding a valid appointment to act as an
24-19    agent for an insurance company described in Section 1 of this
24-20    article.  The department may discipline a licensee or deny an
24-21    application under Section 5, Article 21.01-2, of this code if it
24-22    determines that the license applicant or licensee:]
24-23                [(1)  has intentionally or knowingly violated the
24-24    insurance laws of this state;]
24-25                [(2)  has obtained or attempted to obtain a license by
24-26    fraud or misrepresentation;]
24-27                [(3)  has misappropriated, converted, or illegally
 25-1    withheld money belonging to an insurer or an insured or
 25-2    beneficiary;]
 25-3                [(4)  has been guilty of fraudulent or dishonest acts;]
 25-4                [(5)  has materially misrepresented the terms and
 25-5    conditions of an insurance policy or contract;]
 25-6                [(6)  has made or issued or caused to be made or issued
 25-7    any statement misrepresenting or making incomplete comparisons
 25-8    regarding the terms or conditions of an insurance contract legally
 25-9    issued by an insurance carrier for the purpose of inducing or
25-10    attempting to induce the owner of the contract to forfeit or
25-11    surrender the contract or allow the contract to expire or for the
25-12    purpose of replacing the contract with another contract;]
25-13                [(7)  has been convicted of a felony; or]
25-14                [(8)  is guilty of rebating an insurance premium or
25-15    discriminating between insureds.]
25-16          Sec. 4.  APPLICATION OF OTHER LAW.  This subchapter applies
25-17    [Article 21.14 of this code does not apply] to the licensing and
25-18    [or] regulation of an agent appointed under this article.
25-19          Sec. 5.  RULES.  The commissioner may adopt rules necessary
25-20    to implement this article and to meet the minimum requirements of
25-21    federal law and regulations.
25-22                           ARTICLE 5.  REPEALER
25-23          SECTION 5.01.  The following laws are repealed:
25-24                (1)  Section 21, Article 21.07, Insurance Code, as
25-25    added by Chapter 820, Acts of the 75th Legislature, Regular
25-26    Session, 1997;
25-27                (2)  Section 21, Article 21.07, Insurance Code, as
 26-1    added by Chapter 1196, Acts of the 75th Legislature, Regular
 26-2    Session, 1997; and
 26-3                (3)  Sections 18 and 19, Chapter 407, Acts of the 63rd
 26-4    Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
 26-5    Insurance Code).
 26-6       ARTICLE 6.  GRANDFATHER PROVISIONS; EFFECTIVE DATE; EMERGENCY
 26-7          SECTION 6.01.  This Act takes effect September 1, 1999.
 26-8          SECTION 6.02.  (a)  Not later than January 1, 2000, the Texas
 26-9    Department of Insurance shall issue an appropriate license under
26-10    Article 21.09, Insurance Code, as added by this Act, to a person
26-11    who, immediately before the effective date of this Act, holds an
26-12    agent license issued by the Texas Department of Insurance under
26-13    Section 21, Article 21.07, Insurance Code, as added by Chapter 820,
26-14    Acts of the 75th Legislature, Regular Session, 1997, or  Section
26-15    21, Article 21.07, Insurance Code, as added by Chapter 1196, Acts
26-16    of the 75th Legislature, Regular Session, 1997.  On issuance of the
26-17    new license, the license holder is subject to Article 21.09,
26-18    Insurance Code, as added by this Act.
26-19          (b)  A travel agency or franchisee is not required to be
26-20    licensed as provided by Section 4, Article 21.09, Insurance Code,
26-21    as added by this Act, before January 1, 2000.
26-22          (c)  A self-service storage facility or franchisee is not
26-23    required to be licensed under Section 5, Article 21.09, Insurance
26-24    Code, as added by this Act, before January 1, 2000.
26-25          (d)  A person required to be licensed under Article 21.07-2,
26-26    Insurance Code, as redesignated and amended by this Act, who was
26-27    not required to be licensed under Chapter 29, Acts of the 54th
 27-1    Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
 27-2    Insurance Code), as it existed immediately before the effective
 27-3    date of this Act, is not required to be licensed as provided by
 27-4    this Act before January 1, 2000.
 27-5          (e)  A person who holds a license to operate as an
 27-6    agricultural insurance agent under Article 21.14-2, Insurance Code,
 27-7    on the effective date of this Act is eligible for a license under
 27-8    Article 21.14, Insurance Code, if the person applies for the
 27-9    license to the Texas Department of Insurance before March 1, 2000,
27-10    and pays any required fees.  To maintain the license, the person
27-11    must pass the required qualifying examination for that license on
27-12    or before March 1, 2002.
27-13          SECTION 6.03.  The importance of this legislation and the
27-14    crowded condition of the calendars in both houses create an
27-15    emergency and an imperative public necessity that the
27-16    constitutional rule requiring bills to be read on three several
27-17    days in each house be suspended, and this rule is hereby suspended.