By Madla                                              S.B. No. 1336
         76R6463 DB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the licensing and regulation of surplus lines insurance
 1-3     agents.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2(a)(1), Article 1.14-2, Insurance Code,
 1-6     is amended to read as follows:
 1-7                 (1)  "Surplus lines agent" means:
 1-8                       (A)  [(i) is] an agent authorized under Article
 1-9     21.14 who is granted a surplus lines license in accordance with
1-10     this Article; or
1-11                       (B)  [, (ii) is] a managing general agent who is
1-12     [(authorized to be licensed and] licensed under the Managing
1-13     General Agents' Licensing Act [, Acts, 1967, 60th Legislature,
1-14     Chapter 727, codified by Vernon as] (Article 21.07-3, Vernon's
1-15     Texas Insurance Code) who is granted a surplus lines license in
1-16     accordance with this Article and who complies with the provisions
1-17     of this Article, except it is not necessary that the managing
1-18     general agent be licensed as a recording agent [, or (iii) is a
1-19     nonresident insurance agent authorized under Article 21.11 and who
1-20     is granted a surplus lines license for the limited purpose of
1-21     acting on behalf of a purchasing group operating in this state in
1-22     the placement of liability insurance for risks located in this
1-23     state].
1-24           SECTION 2.  Section 2(a)(2), Article 1.14-2, Insurance Code,
 2-1     is amended to read as follows:
 2-2                 (2)  A [Each "] surplus lines agent, ["] as a condition
 2-3     of being licensed as a surplus lines agent and as a condition of
 2-4     continuing to be licensed as a surplus lines agent, shall offer the
 2-5     proof of financial responsibility [solvency and demonstrate
 2-6     capacity in respect of responsibility to insureds under policies of
 2-7     surplus lines insurance, or in the alternative show proof of
 2-8     adequate bond and surety] in respect of [his] transactions with
 2-9     insureds under policies of surplus lines insurance [and] as
2-10     required by [the] reasonable rules [and regulations] of the
2-11     department [State Board of Insurance shall provide].
2-12           SECTION 3.  Section 2(a)(3), Article 1.14-2, Insurance Code,
2-13     is amended to read as follows:
2-14                 (3)  Any surplus lines license granted to an agency
2-15     authorized under the Managing General Agents' Licensing Act
2-16     (Article 21.07-3, Vernon's Texas Insurance Code), but [, Acts,
2-17     1967, 60th Legislature, Chapter 727, that is] not [also] licensed
2-18     under Article 21.14 of this code, [the Insurance Code] shall be
2-19     limited to authorize only the acceptance of business originating
2-20     through a regularly licensed general property and casualty
2-21     [recording] agent and does  [shall] not authorize the [such]
2-22     surplus lines agency to transact business directly with the
2-23     applicant for insurance.
2-24           SECTION 4.  Section 4(b), Article 1.14-2, Insurance Code, is
2-25     amended to read as follows:
2-26           (b)  The department [Texas Department of Insurance] may issue
2-27     a surplus lines  license to an applicant if the applicant submits a
 3-1     properly completed license application and an application fee as
 3-2     determined by the department and the department determines that the
 3-3     applicant [an agent as defined by Subdivision (1) of Subsection (a)
 3-4     of Section 2 of this  article after the agent has]:
 3-5                 (1)  is an individual who:
 3-6                       (A)  is a resident of this state;
 3-7                       (B)  is licensed as a general property and
 3-8     casualty agent under Article 21.14 of this code or as a managing
 3-9     general agent under the Managing General Agents' Licensing Act
3-10     (Article 21.07-3, Vernon's Texas Insurance Code);
3-11                       (C)  has passed the surplus lines license
3-12     examination administered under Article 21.01-1 of this code and
3-13     department rules; and
3-14                       (D)  provides proof of financial responsibility
3-15     as required under Section 2 of this article [remitted the
3-16     application fee set by  the Texas Department of Insurance in an
3-17     amount not to exceed $50];
3-18                 (2)  is a corporation or partnership that:
3-19                       (A)  has at least one officer or director or at
3-20     least one active partner who:
3-21                             (i)  is a resident of this state; and
3-22                             (ii)  has passed the surplus lines license
3-23     examination required under this article;
3-24                       (B)  requires a person who performs the acts of a
3-25     surplus lines agent under this article  on behalf of the
3-26     corporation or partnership in this state to be licensed as a
3-27     resident agent under this subsection;
 4-1                       (C)  is licensed as a general property and
 4-2     casualty agent under Article 21.14 of this code or as a managing
 4-3     general agent under the Managing General Agents' Licensing Act
 4-4     (Article 21.07-3, Vernon's Texas Insurance Code); and
 4-5                       (D)  provides proof of financial responsibility
 4-6     as required under Section 2 of this article [submitted a completed
 4-7     license  application on a form approved by the Texas Department of
 4-8     Insurance]; or
 4-9                 (3)  is a nonresident insurance agent authorized under
4-10     Article 21.11 of this code who holds a general property and
4-11     casualty license from the department and whose authority as a
4-12     surplus lines agent is limited to acting on behalf of a purchasing
4-13     group operating in this state in the placement of liability
4-14     insurance for risks located in this state [passed a qualifying
4-15     examination approved by the Texas Department of Insurance.  If the
4-16     agent is a general partnership or a registered limited liability
4-17     partnership, this examination must be met by each natural person
4-18     acting as a partner in that partnership.  If the agent is a
4-19     corporation, this examination requirement must be met by each
4-20     natural person acting as an officer, director, or shareholder of
4-21     that corporation.  If the agent is a limited liability company,
4-22     this examination requirement must be met by each natural person
4-23     acting as an officer, manager, and member of that limited liability
4-24     company].
4-25           SECTION 5.  Section 4(c), Article 1.14-2, Insurance Code, is
4-26     amended to read as follows:
4-27           (c)  In addition to the requirements of this article, the
 5-1     administration and regulation of a surplus lines agent's license
 5-2     is governed by Subchapter A, Chapter 21, of this code [Unless the
 5-3     State Board of Insurance adopts a system for staggered renewal of
 5-4     licenses, as provided by Article 21.01-2 of this code, each license
 5-5     issued under this section is for a two-year term that expires on
 5-6     December 31; however, the term of the initial licensing period
 5-7     shall expire on December 31 of the year following the year in which
 5-8     the license is issued.  A license may be renewed for periods of two
 5-9     years].
5-10           SECTION 6.  Section 4(d), Article 1.14-2, Insurance Code, is
5-11     amended to read as follows:
5-12           (d)  If a license holder does not maintain the qualifications
5-13     necessary to obtain the license, the department may revoke or
5-14     suspend the license or deny the renewal of that license in
5-15     accordance with Article 21.01-2 of this code  [By filing a
5-16     completed written application in the form prescribed by the State
5-17     Board of Insurance and paying the nonrefundable renewal fee set by
5-18     the board in an amount not to exceed $50, an unexpired license may
5-19     be renewed on or before the expiration date of the license].
5-20           SECTION 7.  Sections 4(f), (g), and (h), Article 1.14-2,
5-21     Insurance Code, are repealed.
5-22           SECTION 8.  This Act takes effect September 1, 1999.
5-23           SECTION 9.  The importance of this legislation and the
5-24     crowded condition of the calendars in both houses create an
5-25     emergency and an imperative public necessity that the
5-26     constitutional rule requiring bills to be read on three several
5-27     days in each house be suspended, and this rule is hereby suspended.