SRC-JBJ, S.B. 414 77(R)BILL ANALYSIS


Senate Research CenterS.B. 414
By: Madla
Business & Commerce
6/28/2001
Enrolled


DIGEST AND PURPOSE 

The Gramm-Leach-Bliley Act (Act), enacted by Congress in 1999, makes
significant changes to the delivery of financial services.  The Act
requires increased uniformity in insurance agent licensing criteria among
the various states.  S.B. 414 revises the insurance agent licensing
framework to allow proper implementation of the Gramm-Leach-Bliley Act in
Texas. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTIONS 1.01, 1.02, 1.03, 1.05, 1.06, 1.11, 4.05, 6.02 and 6.05
(Section 4, Article 21.01; Sections 1 and 3, Article 21.01-1; Section 1A,
3A, and 5A, Article 21.01-2, Section 2, Article 21.07; Section 5, Article
21.11; and Sections 2 and 3A, Article 1.14-2, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  GENERAL PROVISIONS APPLICABLE TO ALL INSURANCE AGENTS 

Sets forth amendments to existing provisions and establishes new provisions
regarding the general application of insurance regulation to all insurance
agents and regarding the consolidation of the licensure process. 

   ARTICLE 2.  LIFE, ACCIDENT AND HEALTH LICENSES

Sets forth new provisions regarding the regulation and licensing of life,
accident, and health insurance agents. 

   ARTICLE 3.  PROPERTY AND CASUALTY LICENSES

Deletes existing provisions regarding the licensing of certain agents and
sets forth new provisions regarding the regulation and licensing of
property and casualty insurance agents. 

   ARTICLE 4.  NONRESIDENT AGENT LICENSE

Sets forth amendments to provisions regarding the regulation and licensing
of nonresident insurance agents. 
ARTICLE 5.  ADJUSTER LICENSE

Sets forth amendments to provisions regarding the regulation and licensing
of adjusters. 

ARTICLE 6.  SURPLUS LINES

Sets forth amendments to provisions regarding the regulation and licensing
of surplus lines agents. 

ARTICLE 7.  CONFORMING AMENDMENTS
 
Sets forth amendments to various related provisions to conform them to the
substantive changes set out in this Act. 

ARTICLE 8.  REPEALER

SECTION 8.01.  The following laws are repealed:

Repealer:  Sections 4(f), (g), and (h), Article 1.14-2 (Surplus Lines
Agent's License), Insurance Code. 
Repealer:  Section 15 (Violation by Agent), Article17.25, Insurance Code.
Repealer:  Section 1 (Application), Section 3 (Licensing by Endorsement),
Section 4 (Continuing Education),  and Section 6 (Statutory References),
Article 21.01-2, Insurance Code.  
Repealer: Article 21.02-1 (Penalty for Unlawfully Acting as Agent),
Insurance Code.  
Repealer: Article 21.05 (Who May Not Be Agents), Insurance Code. 
Repealer: Article 21.06 (Certificates for Agents), Insurance Code.
Repealer: Article 21.07 (Licensing of Agents), Insurance Code, the
following sections: 
 Section 1B (Licensing of limited liability companies);
 Section 1C (Licensing of Banks);
 Section 3 (Issuance of License Under Certain Circumstances);
 Section 3B (Resident Status; Certain Nonresidents Maintaining Office In
State); 
Section 4 (Examination of Applicant for License to Write Health and
Accident Insurance); 
Section 4A (Examination of Applicant for License to Write Life Insurance
Upon Any One Life in Excess of $15,000); 
 Section 5 (Failure of Applicant to Qualify for License);
 Section 6A (Coverage for Vehicle Used as Security);
 Section 7 (Expiration and Renewal of License);
 Section 8 (Temporary License);
Section 9 (Insurance Carrier to Notify State Board of Insurance of
Termination of Contract; Communications Privileged); 
 Section 10 (Denial, Refusal, Suspension or Revocation of Licenses);
 Section 10A (Ineligibility Based on Felony Conviction);
 Section 11 (Judicial Review of Acts of State Board of Insurance);
 Section 12 (Penalty);
Section 13 (Texas Department of Insurance May Establish Rules and
Regulations); 
 Section 14 (Fees and Use of Funds);
 Section 15 (Dual Licensing);
 Section 15A (Certain Agents for Stipulated Premium Companies);
 Section 16. (Wording on License);
 Section 17 (Expiration of Existing Licenses);
  Section 18 (Assignment of Agent's Commissions);
 Section 19 (Agent for United States Military Personnel in Foreign
Countries); and 
 Section 20 (Duplicate License; Fee);
Repealer:  Article 21.07A. (Penalty for Acting As, or Employing, Life,
Health, or Accident Insurance Agent Without License), Insurance Code.  
Repealer:  Chapter 213, Acts of the 54th Legislature, Regular Session, 1955
(Article 21.07-1, V.T.I.C.)  (Legal Reserve Life Insurance Agents;
Examination; Licenses). 
Repealer:  Article 21.07-3, V.T.I.C. (Managing General Agents' Licensing
Act); the following sections: 
Section 4A (Persons Other Than Licensed Managing General Agents Who May
Share in Profits of a Managing General Agent); 
  Section 4B (Continuing Requirements for Licensed Corporations);
  Section 4C (Security for Liability);
Section 5 (Issuance of Licenses to Those Presently Acting as Managing
General Agents, Renewals); 
  Section 6 (Examination Required; Exceptions);
  Section 6A (Continuing Education);
  Section 8 (Conduct of Examinations);
  Section 9 (Expiration of License; Renewal);
  Section 10 (Fees);
  Section 12 (Denial, Refusal, Suspension, or Revocation of Licenses);
  Section 13 (Notice and Hearings);
  Section 14 (Judicial Review of Acts of Commissioner);
  Section 15 (Notice to Last Address);
  Section 17 (Fees Collected); and
  Section 20 (Enforcement of Act);
Repealer:  Section 2(d) (Rights of License Holder), Article 21.11
(Nonresident Holder), Insurance Code. 
Repealer:  Section 14 (Penalty), Article 21.14-1 (Licensing of Risk
Managers), Insurance Code. 
 Repealer:  Article 21.15 (Revocation of Agent's Certificate), Insurance
Code. 
Repealer:  Article 21.15-2 (Penalty for Soliciting Without Certificate of
Authority), Insurance Code.  
Repealer:  Article 21.15-3 (Agent Procuring by Fraudulent Representation;
Penalty) Insurance Code. 
Repealer:  Article 21.15-4 (Agent or Physician Making False Statement;
Penalty), Insurance Code. 
Repealer:  Article 21.15-7 (Interim Study of Agents and Agents' Licenses
Statutes by Commissioner), Insurance Code. 
  Repealer:  Section 10 (Unlawful and Prohibited Practices; Penalties),
Article 21.58A,   Insurance Code. 
 Repealer:  Article 23.23 (Regulation of Agents), Insurance Code 

ARTICLE 9.  GRANDFATHER CLAUSE; TRANSITION

Sets forth provisions for the enactment of and transition to the changes in
law as provided by this Act. 

ARTICLE 10.  EFFECTIVE DATE; TRANSITION

SECTION 10.01.  Effective date:  September 1, 2001.  Provides that Section
3, Article 21.01-1, Insurance Code, as amended by this Act, applies to
continuing education requirements for insurance agents for a renewal of a
license that occurs on or after January 1, 2003.