By Eiland                                             H.B. No. 1163
         77R4414 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain insurance agents and to the
 1-3     consolidation of insurance agent licenses; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                ARTICLE 1.  GENERAL PROVISIONS APPLICABLE TO
 1-6                            ALL INSURANCE AGENTS
 1-7           SECTION 1.01.  Article 21.01, Insurance Code, is amended to
 1-8     read as follows:
 1-9           Art. 21.01.  PURPOSE; CONSOLIDATION OF LICENSES; APPLICATION;
1-10     CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED; RULEMAKING AUTHORITY
1-11           Sec. 1.  PURPOSE.  It is the intent of the legislature to:
1-12                 (1)  simplify and reform the regulation of insurance
1-13     agents in this state by consolidating the types of licenses issued
1-14     to insurance agents under this subchapter; and
1-15                 (2)  promote uniformity in the licensing, examination,
1-16     continuing education, and disciplinary requirements for agents in
1-17     this state and with other states.
1-18           Sec. 2.  CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED.  It
1-19     shall not be lawful for any person to act [within this State], as
1-20     an agent or otherwise, in soliciting or receiving applications for
1-21     insurance of any kind whatever in this state, or in any manner to
1-22     aid in the transaction of the business of any insurance company
1-23     incorporated in this state [State], or out of it, without first
1-24     procuring a license or certificate of authority from the department
 2-1     [Board].
 2-2           Sec. 3.  APPLICATION.  Except as otherwise provided by this
 2-3     code, this subchapter applies to each person licensed in accordance
 2-4     with:
 2-5                 (1)  Section 4, Article 1.14-2, of this code;
 2-6                 (2)  Section 7, Article 3.75, of this code;
 2-7                 (3)  Subsection (c), Article 5.13-1, of this code;
 2-8                 (4)  Article 10.37-3 of this code;
 2-9                 (5)  Article 16.24A of this code;
2-10                 (6)  Section 9, Article 17.25, of this code;
2-11                 (7)  Article 21.07 of this code;
2-12                 (8)  Article 21.07-1 of this code;
2-13                 (9)  Chapter 29, Acts of the 54th Legislature, Regular
2-14     Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
2-15                 (10)  the Managing General Agents' Licensing Act
2-16     (Article 21.07-3, Vernon's Texas Insurance Code);
2-17                 (11)  Chapter 407, Acts of the 63rd Legislature,
2-18     Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
2-19     Code);
2-20                 (12)  Article 21.07-6 of this code;
2-21                 (13)  Article 21.07-7 of this code;
2-22                 (14)  Article 21.09 of this code;
2-23                 (15)  Article 21.11 of this code;
2-24                 (16)  Article 21.14 of this code;
2-25                 (17)  Article 21.14-1 of this code;
2-26                 (18)  Article 21.14-2 of this code; or
2-27                 (19)  Article 23.23A of this code.
 3-1           Sec. 4.  RULES.  The commissioner may adopt rules as
 3-2     necessary to implement this subchapter and to meet the minimum
 3-3     requirements of federal law and regulations.
 3-4           SECTION 1.02.  Article 21.01-1, Insurance Code, is amended to
 3-5     read as follows:
 3-6           Art. 21.01-1.  AGENTS' QUALIFYING EXAMINATION; CONTINUING
 3-7     EDUCATION REQUIREMENTS FOR AGENTS
 3-8           Sec. 1.  EXAMINATION ADMINISTRATION.  (a)  The commissioner
 3-9     [State Board of Insurance] may[, at its discretion,] accept
3-10     examinations administered by a testing service as satisfying the
3-11     examination requirements of persons seeking license as agents,
3-12     [solicitors,] counselors, or adjusters under this code.  The
3-13     commissioner [State Board of Insurance] may negotiate agreements
3-14     with such testing services to include performance of examination
3-15     development, test scheduling, examination site arrangements, and
3-16     test administration, grading, reporting and analysis.  The
3-17     commissioner [State Board of Insurance] may require such testing
3-18     services to correspond directly with the applicants with regard to
3-19     the administration of such examinations and that such testing
3-20     services collect fees for administering such examinations directly
3-21     from the applicants.  The commissioner [State Board of Insurance]
3-22     may stipulate that any agreements with such testing services
3-23     provide for the administration of examinations in specific locales
3-24     and at specified frequencies.  The commissioner [State Board of
3-25     Insurance] shall retain the authority to establish the scope and
3-26     type of all examinations.  Prior to negotiating and making any
3-27     agreement with any testing service as authorized hereby, the
 4-1     commissioner [State Board of Insurance] shall hold a public hearing
 4-2     [thereon] in accordance with Chapter 2001, Government Code [the
 4-3     provisions of Section 5 of the Administrative Procedure and Texas
 4-4     Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)],
 4-5     and shall adopt such rules[, regulations,] and standards as may be
 4-6     deemed appropriate by the commissioner [Board] to implement the
 4-7     authority granted in this article [Article].
 4-8           (b)  The commissioner may appoint advisory boards consisting
 4-9     of any of the following persons:  persons holding a license for
4-10     which the respective examinations are intended, persons who are
4-11     employed by insurance companies appointing such licensees, persons
4-12     acting as general agents or managers, persons teaching insurance at
4-13     an accredited college or university in Texas, persons who are
4-14     citizens of the State of Texas but who are not of any of the
4-15     preceding descriptions, or any combination of such persons.  The
4-16     function of such advisory boards will be to make recommendations to
4-17     the commissioner [State Board of Insurance] or the testing service
4-18     with respect to the scope, type, and conduct of such examinations
4-19     and the times and places within the state where they shall be held.
4-20     The members of such advisory boards shall serve without pay but
4-21     shall be reimbursed for their reasonable expenses in attending
4-22     meetings of their respective advisory boards.
4-23           (c)  In the absence of an agreement with a testing service,
4-24     the department [State Board of Insurance] shall administer any
4-25     required qualifying examination in accordance with this article
4-26     [the provisions of the respective statutes governing the issuance
4-27     of the license sought by the applicant].  The commissioner may
 5-1     adopt rules relating to the scope, type, and conduct of the written
 5-2     examinations and the times and places in this state at which the
 5-3     examinations will be conducted.  The commissioner's rules may
 5-4     designate textbooks, manuals, and other materials to be studied by
 5-5     applicants in preparation for examinations conducted under this
 5-6     subsection.  Those textbooks, manuals, or other materials may
 5-7     consist of material available to an applicant by purchase from the
 5-8     publisher or of material prepared at the direction of the
 5-9     commissioner and distributed to an applicant on request and on
5-10     payment of the reasonable cost of the material.  All examination
5-11     questions shall be prepared from the contents of the textbooks,
5-12     manuals, and other materials designated or prepared by the
5-13     commissioner under this subsection.
5-14           (d)  Not later than the 30th day after the date on which a
5-15     licensing examination is administered under this code, the
5-16     department shall notify each examinee of the results of the
5-17     examination.  However, if an examination is graded or reviewed by a
5-18     testing service, the department shall notify each examinee
5-19     [examinees] of the results of the examination not later than the
5-20     14th day after the date on which the department receives the
5-21     results from the testing service.  If the notice of examination
5-22     results graded or reviewed by a testing service will be delayed for
5-23     longer than 90 days after the examination date, the department
5-24     shall notify the examinee of the reason for the delay before the
5-25     90th day.  The department may require a testing service to notify
5-26     examinees of the results of an examination.
5-27           (e)  If requested in writing by a person who fails a
 6-1     licensing examination administered under this code, the department
 6-2     shall furnish the person with an analysis of the person's
 6-3     performance on the examination.
 6-4           Sec. 2.  EXAMINATION OF LICENSE APPLICANT.  (a)  Except as
 6-5     otherwise provided by this code, each  applicant for a license to
 6-6     act as an insurance agent in this state must submit to a personal
 6-7     written examination that is prescribed by the commissioner and must
 6-8     pass the examination to the satisfaction of the department.  The
 6-9     examination shall determine the applicant's competence with respect
6-10     to:
6-11                 (1)  the type of insurance contracts for which the
6-12     applicant seeks a license;
6-13                 (2)  the laws of this state regulating the business of
6-14     insurance; and
6-15                 (3)  the ethical obligations and duties of an insurance
6-16     agent.
6-17           (b)  The department shall charge each applicant an
6-18     examination fee in an amount determined by the department as
6-19     necessary for administration of the examination.  The fee must
6-20     accompany each application to take the examination.  The fee is
6-21     nonrefundable other than for failure of the applicant to appear and
6-22     take the examination after the applicant has given at least 24
6-23     hours' notice of an emergency situation to the department and
6-24     received the department's approval of refund of the fee.
6-25           (c)  The commissioner shall prescribe a limited written
6-26     licensing examination for applicants for a limited license under
6-27     Article 21.07-1 or 21.14 of this code.  A limited examination shall
 7-1     be administered according to the provisions of this article and
 7-2     shall determine the applicant's competence and understanding of:
 7-3                 (1)  the basic principles of insurance contracts;
 7-4                 (2)  the basic laws of this state regulating the
 7-5     business of insurance; and
 7-6                 (3)  the ethical obligations and duties of an insurance
 7-7     agent.
 7-8           (d)  The department may not require a person to take an
 7-9     examination under this article if the person is:
7-10                 (1)  an applicant for the renewal of an unexpired
7-11     license issued by the department;
7-12                 (2)  an applicant whose license issued by the
7-13     department expired less than one year before the date of the
7-14     application, if the previous license was not denied, revoked, or
7-15     suspended by the commissioner;
7-16                 (3)  a partnership, corporation, or depository
7-17     institution;
7-18                 (4)  an applicant for a life, accident, and health
7-19     license who has attained the designation of chartered life
7-20     underwriter (CLU);
7-21                 (5)  an applicant for a life and health insurance
7-22     counselor license who has attained the designation of chartered
7-23     life underwriter (CLU), chartered financial consultant (ChFC), or
7-24     certified financial planner (CFP);
7-25                 (6)  an applicant for a property and casualty license
7-26     who has attained the designation of chartered property and casualty
7-27     underwriter (CPCU);
 8-1                 (7)  an applicant for a specialty license issued under
 8-2     Article 21.09 of this code;
 8-3                 (8)  a nonresident individual who is exempt from the
 8-4     examination requirement under Article 21.11 of this code; or
 8-5                 (9)  an applicant for a general life, accident, and
 8-6     health license who was authorized to solicit or procure insurance
 8-7     on behalf of a fraternal benefit society on September 1, 1999, if
 8-8     the applicant:
 8-9                       (A)  solicited or procured insurance on behalf of
8-10     the fraternal benefit society for at least 24 months preceding
8-11     September 1, 1999;
8-12                       (B)  does not solicit or procure insurance for
8-13     any other insurer or a different fraternal benefit society on or
8-14     after September 1, 1999;
8-15                       (C)  does not solicit or procure an insurance
8-16     contract on or after September 1, 1999, except from a person who is
8-17     eligible for membership in the fraternal benefit society; and
8-18                       (D)  does not solicit or procure an
8-19     interest-sensitive life insurance contract that exceeds $35,000 of
8-20     coverage on an individual life on or after September 1, 1999,
8-21     unless the applicant has obtained the designation of "Fraternal
8-22     Insurance Counselor" at the time the contract is solicited or
8-23     procured.
8-24           (e)  A license to which the exemption authorized under
8-25     Subsection (d)(9) of this section applies must be held by the
8-26     applicant in an individual capacity and is not transferable.
8-27           (f)  Each examination administered under this article shall
 9-1     be offered in English and Spanish.
 9-2           Sec. 3.  CONTINUING EDUCATION REQUIREMENTS.  (a)  The
 9-3     department has exclusive jurisdiction for all matters relating to
 9-4     the continuing education of insurance agents who are licensed under
 9-5     this code.
 9-6           (b)  Except as provided by Subsection (d) of this section,
 9-7     each individual who holds a license issued by the department shall
 9-8     complete continuing education.  All required continuing education
 9-9     hours must be completed before the expiration date of the
9-10     individual's license.  An individual who holds a general life,
9-11     accident, and health license, a life and health insurance counselor
9-12     license, or a general property and casualty license shall complete
9-13     15 hours of continuing education annually.  The agent may not be
9-14     required to complete more than 15 continuing education hours
9-15     annually as a result of holding more than one license for which
9-16     continuing education is required.  An individual who holds a
9-17     limited life, accident, and health license or a limited property
9-18     and casualty license shall complete five hours of continuing
9-19     education annually.  Each individual who holds a license issued by
9-20     the department shall complete four hours of continuing education in
9-21     ethics during each license renewal period.  At least 50 percent of
9-22     all required continuing education hours must be completed in a
9-23     classroom setting or a classroom equivalent setting approved by the
9-24     department.  The department may accept continuing education hours
9-25     completed in other professions or in association with professional
9-26     designations in an insurance-related field.
9-27           (c)  On a timely written request of an agent, the department
 10-1    may extend the time for the agent to comply with the continuing
 10-2    education requirements of this section or may exempt the agent from
 10-3    some or all of the requirements for a licensing period if the
 10-4    department finds that the agent is unable to comply with the
 10-5    requirements because of illness, medical disability, or another
 10-6    extenuating circumstance beyond the control of the agent.  The
 10-7    commissioner by rule shall prescribe the criteria for an exemption
 10-8    or extension under this subsection.
 10-9          (d)  An individual who has continuously held a license issued
10-10    under this code to operate as an insurance agent for at least 20
10-11    years is exempt from the continuing education requirements of this
10-12    section.  The commissioner by rule may provide for other reasonable
10-13    exemptions.
10-14          (e)  The department shall certify continuing education
10-15    programs for agents.  Only a program that satisfies the criteria
10-16    established by rule by the commissioner may receive certification.
10-17    The certification criteria shall be designed to ensure that
10-18    continuing education programs enhance the knowledge, understanding,
10-19    and professional competence of the license holder.  A nonrefundable
10-20    certification fee, in an amount set by the commissioner as
10-21    necessary for administering this section, must accompany each
10-22    application for certification of a continuing education program.
10-23    The fee shall be established by rule and based on a graduated scale
10-24    according to the number of hours required to complete the program. 
10-25          (f)  Each continuing education program provider shall
10-26    register with the department as a course provider.  The department
10-27    shall assess a registration fee for each application for
 11-1    registration as a provider, set by the commissioner in an amount
 11-2    necessary for the proper administration of this section.  The
 11-3    commissioner may adopt rules establishing the requirements for
 11-4    continuing education program providers. The department may enter
 11-5    into agreements with independent contractors under which the
 11-6    independent contractor certifies and registers continuing education
 11-7    programs and providers.  The department may require those
 11-8    independent contractors to correspond directly with providers with
 11-9    regard to the administration of continuing education programs, and
11-10    the contractors may collect fees from the providers for
11-11    administration of the courses.  The department retains the
11-12    authority to establish the scope and type of continuing education
11-13    requirements for each type of license.
11-14          (g)  The commissioner may appoint an advisory council to
11-15    provide the commissioner with information and assistance in the
11-16    conduct of the continuing education program for agents licensed
11-17    under this subchapter.  If an advisory council is appointed, it
11-18    must be composed of nine members, four of whom must be public
11-19    members.  A public member is entitled to reimbursement for the
11-20    member's travel expenses as provided by Chapter 660, Government
11-21    Code, and the General Appropriations Act.  A public member may not:
11-22                (1)  be an officer, director, or employee of an
11-23    insurance company, insurance agency, agent, broker, adjuster, or
11-24    any other business entity regulated by the department;
11-25                (2)  be a person required to register with the Texas
11-26    Ethics Commission under Chapter 305, Government Code; or
11-27                (3)  be related to a person described by Subdivision
 12-1    (1) or (2) of this subsection within the second degree by affinity
 12-2    or consanguinity, as determined under Chapter 573, Government Code.
 12-3          SECTION 1.03.  Section 2, Article 21.01-2, Insurance Code, is
 12-4    redesignated as Section 1A, Article 21.01-2, Insurance Code, and
 12-5    amended to read as follows:
 12-6          Sec. 1A [2].  EXPIRATION AND RENEWAL OF LICENSES.  (a)
 12-7    Except as provided by a staggered renewal system adopted under
 12-8    Subsection (j) of this section, each agent license issued by the
 12-9    department  expires on the second anniversary of the date of
12-10    issuance unless suspended or revoked by the commissioner.  The
12-11    commissioner by rule may change the two-year expiration period if
12-12    the commissioner finds that the change is necessary to promote a
12-13    uniform license period among this state and the other states.  A
12-14    person may renew a [an unexpired] license that has not expired or
12-15    has not been suspended or revoked by filing a properly completed
12-16    renewal application with the department in the form prescribed by
12-17    the department and paying to the department before the expiration
12-18    date of the license the required renewal fee.  A renewal fee paid
12-19    under this section is nonrefundable.
12-20          (b)  On the filing of a completed renewal application not
12-21    later than the expiration date of the license accompanied by  the
12-22    renewal fee set by the commissioner, the original license continues
12-23    in force until:
12-24                (1)  the department issues the renewal license; or
12-25                (2)  the commissioner issues an order revoking the
12-26    license.
12-27          (c)  If a person's license has been expired for 90 days or
 13-1    less, the person may renew the license by filing a renewal
 13-2    application with the department in the form prescribed by the
 13-3    department and paying to the department the required renewal fee
 13-4    and an additional [a] fee that is equal to one-half of the renewal
 13-5    [license] fee[, if any,] for the license.
 13-6          (d)  If a person's license has been expired for more than 90
 13-7    days but less than one  year, the person may not renew the license,
 13-8    but is entitled to a new license without taking the applicable
 13-9    examination if the person submits to the department a new
13-10    application, the license fee, and an additional fee equal to
13-11    one-half of the license fee.
13-12          (e) [(c)]  If a person's license has been expired for one
13-13    year or more [longer than 90 days], the person may not renew the
13-14    license.  The person may obtain a new license by submitting to
13-15    reexamination, if examination is required for original issuance of
13-16    the license, and complying with the requirements and procedures for
13-17    obtaining an original license.
13-18          (f)  The [However, the] department may renew without
13-19    reexamination an expired license of a person who was licensed in
13-20    this state, moved to another state, and is currently licensed and
13-21    has been in continual practice in the other state [for the two
13-22    years] preceding the date of the application.  The person must pay
13-23    to the department a fee that is equal to the license fee.
13-24          (g)  Not later than the 30th day after moving from one state
13-25    to another state, a nonresident or resident agent licensed in this
13-26    state shall file with the department:
13-27                (1)  the agent's new address; and
 14-1                (2)  proof of authorization to engage in the business
 14-2    of insurance in the new state of residence.
 14-3          (h)  The department may not charge a fee or require a license
 14-4    application under Subsection (g) of this section.
 14-5          (i) [(d)]  At least 30 days before the expiration of a
 14-6    person's license, the department shall send written notice of the
 14-7    impending license expiration to the person at the person's last
 14-8    known mailing address according to the records of the department.
 14-9          (j) [(e)]  The commissioner by rule may adopt a system under
14-10    which licenses expire on various dates during a licensing period.
14-11    For the licensing period in which the license expiration is
14-12    changed, license fees shall be prorated [on a monthly basis] so
14-13    that each license holder shall pay only that portion of the license
14-14    fee that is allocable to the period [number of months] during which
14-15    the license is valid.  On renewal of the license on the new
14-16    expiration date, the total license renewal fee is payable.  The
14-17    commissioner shall adopt a system under which a person who holds
14-18    more than one license may renew all the licenses held in a single
14-19    process.
14-20          (k) [(f)]  This section is not applicable to a license issued
14-21    under Article 21.07-6 of this code.
14-22          SECTION 1.04.  Article 21.01-2, Insurance Code, is amended by
14-23    adding Section 2A to read as follows:
14-24          Sec. 2A.  PROHIBITED ACTIVITIES.  (a)  A person licensed
14-25    under this code who receives a commission or other consideration
14-26    for services as an insurance agent may not receive an additional
14-27    fee for those services provided to the same client except for a fee
 15-1    described by Article 21.35A or 21.35B of this code.
 15-2          (b)  An insurer or licensed insurance agent engaged in the
 15-3    business of insurance in this state may not pay, directly or
 15-4    indirectly, and may not accept, any commission or other valuable
 15-5    consideration to or from any person for services performed by that
 15-6    person as an insurance agent in this state unless the person holds
 15-7    a license to act as an insurance agent as required by the laws of
 15-8    this state.  This subsection does not prevent the payment or
 15-9    receipt of renewal or other deferred commissions to or by any
15-10    person solely because the person has ceased to hold a license to
15-11    act as an insurance agent.
15-12          (c)  An insurance agent licensed under this code may not pay,
15-13    allow, or give, or offer to pay, allow, or give, directly or
15-14    indirectly, to any person who is not a licensed insurance agent,
15-15    any rebate of premiums payable, commission, paid employment, or
15-16    contract for service, or any other valuable consideration or
15-17    inducement, that is not specified in the policy or contract of
15-18    insurance for or on account of the solicitation or negotiation of
15-19    contracts of insurance.
15-20          (d)  In addition to any other penalty imposed under this
15-21    code, a person who is determined by the department to have
15-22    committed conduct described by this subsection is barred from
15-23    receiving a license as an insurance agent before the fifth
15-24    anniversary of the date of the determination.  This subsection
15-25    applies to a person who:
15-26                (1)  acts as an insurance agent without holding a
15-27    license under this code;
 16-1                (2)  solicits a contract of insurance or acts as an
 16-2    insurance agent without having been appointed or designated by an
 16-3    authorized insurance company, association, or organization to do so
 16-4    as provided by this code;
 16-5                (3)  solicits any contract of insurance or acts as an
 16-6    agent for a person, including an insurance company, association, or
 16-7    organization, not authorized to engage in the business of insurance
 16-8    in this state without holding a license issued under Article 1.14-2
 16-9    of this code; or
16-10                (4)  as an officer or representative of an insurance
16-11    company, knowingly contracts with or appoints as an agent a person
16-12    who does not hold a valid and outstanding license.
16-13          (e)  A person who has had an insurance license revoked in
16-14    this state or any other state may not solicit or otherwise transact
16-15    business under Chapter 10 of this code unless it is determined by
16-16    the department to be in the public interest, for good cause shown,
16-17    to allow the person to act in that capacity.
16-18          (f)  A person who has had an insurance license revoked in
16-19    this state or any other state may not act as an officer, director,
16-20    member, manager, or partner, or as a shareholder with a controlling
16-21    interest, of an entity licensed under this subchapter unless it is
16-22    determined by the department to be in the public interest, for good
16-23    cause shown, to allow the person to act in that capacity.
16-24          (g)  A property and casualty agent may not knowingly grant,
16-25    write, or permit a greater amount of insurance against loss by fire
16-26    than the reasonable value of the subject of the insurance.
16-27          (h)  An insurance agent licensed under this code may not pay,
 17-1    allow, or give, or offer to pay, allow, or give, directly or
 17-2    indirectly, to a person who is not a licensed insurance agent, a
 17-3    fee or other valuable consideration for the referral of a customer
 17-4    who seeks to purchase, or seeks an opinion on or advice regarding
 17-5    an insurance product, based on the purchase of insurance by that
 17-6    customer.
 17-7          (i)  This section does not apply to a person who is licensed
 17-8    under or holds a certificate of authority issued under Chapter 9 of
 17-9    this code.
17-10          SECTION 1.05.  Section 5, Article 21.01-2, Insurance Code, is
17-11    redesignated as Section 3A, Article 21.01-2, Insurance Code, and
17-12    amended to read as follows:
17-13          Sec. 3A [5].  DENIAL OR REFUSAL OF LICENSE APPLICATION;
17-14    SUSPENSION OR REVOCATION OF LICENSES; DISCIPLINE OF LICENSE
17-15    HOLDERS.  (a)  In addition to any other remedy available under
17-16    Chapter 82 of this code, the [The] department may [shall] refuse to
17-17    issue an original license, revoke, suspend, or refuse to renew a
17-18    license, place on probation a person whose license has been
17-19    suspended, assess an administrative penalty, or reprimand a license
17-20    holder for a violation of this code, another insurance law of this
17-21    state, or a rule of the commissioner [or the board].  If a license
17-22    suspension is probated, the commissioner may require the person to:
17-23                (1)  report regularly to the department on matters that
17-24    are the basis of the probation;
17-25                (2)  limit the person's practice to the areas
17-26    prescribed by the department; or
17-27                (3)  continue or review professional education until
 18-1    the person attains a degree of skill satisfactory to the
 18-2    commissioner in those areas that are the basis of the probation.
 18-3          (b)  If the department proposes to refuse to issue an
 18-4    original license, or to suspend, revoke, or refuse to renew a
 18-5    license, the person affected is entitled to a hearing conducted by
 18-6    the State Office of Administrative Hearings in accordance with
 18-7    Chapter 40 [Article 1.33B] of this code.  Notice of the hearing
 18-8    shall be provided to the person and to any insurance carrier
 18-9    appearing on the application as desiring that the license be
18-10    issued.
18-11          (c)  The department may discipline a license holder or deny a
18-12    license application under this article if the department determines
18-13    that the applicant or license holder, individually or through any
18-14    officer, director, or shareholder:
18-15                (1)  has wilfully violated any provision of the
18-16    insurance laws of this state;
18-17                (2)  has intentionally made a material misstatement in
18-18    the license application;
18-19                (3)  has obtained, or attempted to obtain, a license by
18-20    fraud or misrepresentation;
18-21                (4)  has misappropriated, converted to the applicant's
18-22    or license holder's own use, or illegally withheld money belonging
18-23    to:
18-24                      (A)  an insurer;
18-25                      (B)  a health maintenance organization; or
18-26                      (C)  an insured, enrollee, or beneficiary;
18-27                (5)  has engaged in fraudulent or dishonest acts or
 19-1    practices;
 19-2                (6)  has materially misrepresented the terms and
 19-3    conditions of an insurance policy or contract, including a contract
 19-4    relating to membership in a health maintenance organization;
 19-5                (7)  has made or issued, or caused to be made or
 19-6    issued, any statement misrepresenting or making incomplete
 19-7    comparisons regarding the terms or conditions of an insurance or
 19-8    annuity contract legally issued by an insurer or a membership
 19-9    issued by a health maintenance organization to induce the owner of
19-10    the contract or membership to forfeit or surrender the contract or
19-11    membership or allow it to lapse for the purpose of replacing the
19-12    contract or membership with another;
19-13                (8)  is convicted of a felony;
19-14                (9)  has offered or given a rebate of an insurance
19-15    premium or commission to an insured or enrollee;
19-16                (10)  is not actively engaged in the soliciting or
19-17    writing of insurance for the public generally as required by
19-18    Section 2(c), Article 21.07, of this code; or
19-19                (11)  has obtained or attempted to obtain a license,
19-20    not for the purpose of holding the license holder or applicant out
19-21    to the general public as an agent, but primarily for the purpose of
19-22    soliciting, negotiating, or procuring insurance or annuity
19-23    contracts or memberships covering:
19-24                      (A)  the applicant or license holder;
19-25                      (B)  a member of the applicant's or license
19-26    holder's family; or
19-27                      (C)  a business associate of the applicant or
 20-1    license holder.
 20-2          (d)  An individual whose license application is denied or
 20-3    whose license has been revoked under this article may not apply for
 20-4    any license as an insurance agent before the fifth anniversary of:
 20-5                (1)  the effective date of the denial or revocation; or
 20-6                (2)  if the applicant or license holder seeks judicial
 20-7    review of the department's action, the date of the final court
 20-8    order or decree affirming that action.
 20-9          (e)  The commissioner may deny a timely application filed
20-10    under Subsection (d) of this section if the applicant does not show
20-11    good cause why the denial or revocation of the previous license
20-12    application or license should not be considered a bar to the
20-13    issuance of a new license.  This subsection does not apply to an
20-14    applicant whose license application was denied for failure to:
20-15                (1)  pass a required written examination; or
20-16                (2)  submit a properly completed license application.
20-17          (f)  Instead of or in addition to taking disciplinary action
20-18    under this section, the department may order that a license holder
20-19    who is currently afflicted with a disability be placed on
20-20    disability probation under the terms and conditions specified under
20-21    Article 21.15-6 of this code and department rules.
20-22          (g)  The department may institute a disciplinary proceeding
20-23    against a license holder for conduct that the license holder
20-24    committed before the effective date of a voluntary surrender or
20-25    automatic forfeiture of the license.  In the proceeding, the fact
20-26    that the license holder has surrendered or forfeited the license
20-27    does not affect the license holder's culpability for that conduct.
 21-1          (h)  Subsections (c)-(f) of this section do not apply to a
 21-2    person who is licensed under or holds a certificate of authority
 21-3    issued under Chapter 9 of this code.  [The commissioner shall
 21-4    prescribe procedures by which all decisions to deny, suspend, or
 21-5    revoke a license, or to refuse to renew a license, are made by or
 21-6    are appealable to the commissioner.]
 21-7          SECTION 1.06.  Article 21.01-2, Insurance Code, is amended by
 21-8    adding Sections 4A, 5A, and 6A to read as follows:
 21-9          Sec. 4A.  JUDICIAL REVIEW.  A license applicant or license
21-10    holder may appeal as provided by Chapter 36 of this code if:
21-11                (1)  the commissioner:
21-12                      (A)  refuses an application for a license as
21-13    provided by this article; or
21-14                      (B)  suspends, revokes, or refuses to renew a
21-15    license at a hearing as provided by this article; and
21-16                (2)  the applicant or license holder is dissatisfied
21-17    with the action of the commissioner.
21-18          Sec. 5A.  AUTOMATIC FINES.  (a)  To expedite the department's
21-19    processing of certain violations of this code, the commissioner may
21-20    establish by rule monetary fines for certain violations. Violations
21-21    for which the fines may be assessed include a failure to:
21-22                (1)  obtain the total number of continuing education
21-23    hours before the  renewal date of the license;
21-24                (2)  timely report a change of address to the
21-25    department; or
21-26                (3)  notify the department of an administrative action
21-27    taken against the agent by another state or federal financial or
 22-1    insurance regulator.
 22-2          (b)  This section does not limit the department's authority
 22-3    to take any other disciplinary action against a license holder as
 22-4    provided under another provision of this code.
 22-5          (c)  If a person disputes the assessment of a fine under this
 22-6    section, the matter is a contested case subject to Chapter 2001,
 22-7    Government Code.
 22-8          Sec. 6A.  ENFORCEMENT OF SUBCHAPTER.  The attorney general, a
 22-9    district or county attorney, or the department acting through the
22-10    commissioner may institute an injunction proceeding or any other
22-11    proceeding to enforce this subchapter and to enjoin any person,
22-12    firm, corporation, or depository institution from engaging or
22-13    attempting to engage in the business of insurance in violation of
22-14    this code or any other insurance law of this state.  The provisions
22-15    of this section are cumulative of the other penalties or remedies
22-16    provided by this article.
22-17          SECTION 1.07. Article 21.02, Insurance Code, is amended to
22-18    read as follows:
22-19          Art. 21.02.  WHO ARE AGENTS. (a)  Any person who solicits
22-20    insurance on behalf of any insurance company, whether incorporated
22-21    under the laws of this or any other state or foreign government, or
22-22    who takes or transmits other than for himself any application for
22-23    insurance or any policy of insurance to or from such company, or
22-24    who advertises or otherwise gives notice that he will receive or
22-25    transmit the same, or who shall receive or deliver a policy of
22-26    insurance of any such company, or who shall examine or inspect any
22-27    risk, or receive, or collect, or transmit any premium of insurance,
 23-1    or make or forward any diagram of any building or buildings, or do
 23-2    or perform any other act or thing in the making or consummating of
 23-3    any contract of insurance for or with any such insurance company
 23-4    other than for himself, or who shall examine into, or adjust, or
 23-5    aid in adjusting, any loss for or on behalf of any such insurance
 23-6    company, whether any of such acts shall be done at the instance or
 23-7    request, or by the employment of such insurance company, or of, or
 23-8    by, any broker or other person, shall be held to be the agent of
 23-9    the company for which the act is done, or the risk is taken, as far
23-10    as relates to all the liabilities, duties, requirements and
23-11    penalties set forth in this chapter.  This article does not
23-12    authorize an agent to orally, in writing, or otherwise alter,
23-13    amend, modify, waive, or change a term or condition of an insurance
23-14    policy or application for an insurance policy.  The provisions of
23-15    this subchapter shall not apply to citizens of this State who
23-16    arbitrate in the adjustment of losses between the insurers and
23-17    insured, nor to the adjustment of particular or general average
23-18    losses of vessels or cargoes by marine adjusters who had paid an
23-19    occupation tax of $200 [Two Hundred ($200.00) Dollars] for the year
23-20    in which the adjustment is made, nor to practicing attorneys at law
23-21    in the State of Texas, acting in the regular transaction of their
23-22    business as such attorneys at law, and who are not local agents,
23-23    nor acting as adjusters for any insurance company.  Any person who
23-24    shall do any of the acts mentioned in this article for or on behalf
23-25    of any insurance company without such company having first complied
23-26    with the requirements of the laws of this State, shall be
23-27    personally liable to the holder of any policy of insurance in
 24-1    respect of which such act was done for any loss covered by the
 24-2    same.
 24-3          (b)  The referral by an unlicensed person of a customer or
 24-4    potential customer to a licensed insurance agent is not an act of
 24-5    an agent under this article, unless the unlicensed person discusses
 24-6    specific insurance policy terms or conditions with the customer or
 24-7    potential customer.
 24-8          SECTION 1.08. Article 21.04, Insurance Code, is amended to
 24-9    read as follows:
24-10          Art. 21.04.  LICENSE HOLDER [SOLICITOR] DEEMED COMPANY'S
24-11    AGENT.  Any person who solicits an application for life, accident,
24-12    or health insurance, or property or casualty insurance, shall, in
24-13    any controversy between the insured or the insured's beneficiary
24-14    and the company issuing any policy upon such application or between
24-15    the insured or the insured's dependents and that company, be
24-16    regarded as the agent of the company, and not the agent of the
24-17    insured, but such agent shall not have the power to waive, change
24-18    or alter any of the terms or conditions of the application or
24-19    policy.
24-20          SECTION 1.09. Section 1, Article 21.07, Insurance Code, is
24-21    amended to read as follows:
24-22          Sec. 1.  APPLICABILITY OF ARTICLE [ACT].  (a)  No person[,
24-23    corporation, or bank] shall act as an agent of any insurance
24-24    company, health maintenance organization, or [(i) local mutual aid
24-25    association, (ii) local mutual burial association, (iii) statewide
24-26    mutual assessment corporation, (iv) stipulated premium company, (v)
24-27    county mutual insurance company, (vi) casualty company writing
 25-1    accident and health insurance, or (vii) any] other type of
 25-2    insurance carrier licensed to do business in the State of Texas and
 25-3    which insurance carrier's agents are required to be licensed under
 25-4    the provisions of this code [Article, on the date that this Act
 25-5    shall become effective,] unless that person [individual or entity]
 25-6    shall have first procured a license from the department as [in this
 25-7    Article is] provided by this subchapter, and no such insurance
 25-8    carrier shall appoint any person[, corporation, or bank] to act as
 25-9    its agent unless such person[, corporation, or bank] shall have
25-10    obtained a license under the provisions of this subchapter
25-11    [Article], and no such person[, corporation, or bank] who obtains a
25-12    license shall engage in business as an agent until that person
25-13    [individual or entity] shall have been appointed to act as an agent
25-14    by some duly authorized insurance carrier designated by the
25-15    provisions of this code [Article] and authorized to do business in
25-16    the State of Texas.  [Any person, corporation, or bank desiring to
25-17    act as an agent of any insurance carrier licensed to do business in
25-18    the State of Texas and writing health and accident insurance may
25-19    obtain a separate license as an agent to write health and accident
25-20    insurance provided such person, corporation, or bank complies with
25-21    the provisions of this Article and has been appointed to act as an
25-22    agent by some duly authorized insurance carrier authorized to do
25-23    health and accident insurance business in the State of Texas.]
25-24          (b)  This subchapter does not apply to:
25-25                (1)  an actual full-time home office salaried employee
25-26    of an insurance carrier licensed to do business in this state,
25-27    other than an employee who solicits or receives an application for
 26-1    the sale of insurance through an oral, written, or electronic
 26-2    communication in accordance with Article 21.14 of this code;
 26-3                (2)  an actual attorney in fact or the actual traveling
 26-4    salaried representative of a reciprocal exchange or interinsurance
 26-5    exchange admitted to do business in this state as to business
 26-6    transacted through the attorney in fact or salaried representative;
 26-7                (3)  the actual attorney in fact for a Lloyd's plan
 26-8    insurer;
 26-9                (4)  the group motor vehicle insurance business or the
26-10    group motor vehicle department of companies engaged in that
26-11    business; or
26-12                (5)  a salaried employee who is not involved in the
26-13    solicitation or negotiation of insurance in the office of a
26-14    licensed agent who devotes the employee's full time to clerical and
26-15    administrative services, including the incidental taking of
26-16    information from customers and receipt of premiums in the office of
26-17    a licensed agent, if the employee does not receive any commissions
26-18    and the employee's compensation is not varied by the volume of
26-19    premiums taken and received.  [No insurer or licensed insurance
26-20    agent doing business in this State shall pay directly or indirectly
26-21    any commission, or other valuable consideration, to any person,
26-22    corporation, or bank for services as an insurance agent within this
26-23    State, unless such person, corporation, or bank shall hold a
26-24    currently valid license to act as an insurance agent as required by
26-25    the laws of this State; nor shall any person, corporation, or bank
26-26    other than a duly licensed insurance agent, accept any such
26-27    commission or other valuable consideration; provided, however, that
 27-1    the provisions of this Section shall not prevent the payment or
 27-2    receipt of renewal or other deferred commissions to or by any
 27-3    person solely because such person, corporation, or bank has ceased
 27-4    to hold a license to act as an insurance agent.]
 27-5          [(c)  A person who has had a license revoked under Section 10
 27-6    of this article may not solicit or otherwise transact business
 27-7    under Chapter 10 of this code.]
 27-8          SECTION 1.10. Section 1A, Article 21.07, Insurance Code, is
 27-9    amended to read as follows:
27-10          Sec. 1A.  DEFINITIONS.  Unless the context clearly indicates
27-11    otherwise, in [In] this subchapter:
27-12                (1)  "Agent" means a person who is an authorized agent
27-13    of an insurance company or health maintenance organization, any
27-14    person who is a subagent of an agent, and any other person who
27-15    performs the acts of an agent, whether through an oral, written, or
27-16    electronic communication or otherwise, in the solicitation of,
27-17    negotiation for, procurement of, or collection of premiums on an
27-18    insurance or annuity contract, or who represents or purports to
27-19    represent a health maintenance organization, including a health
27-20    maintenance organization offering only a single health care service
27-21    plan, in the solicitation of, negotiation for, procurement of, or
27-22    effectuation of membership in the health maintenance organization.
27-23    The term does not include:
27-24                      (A)  a regular salaried officer or employee of an
27-25    insurance company, health maintenance organization, or insurance
27-26    agent who:
27-27                            (i)  devotes substantially all of the
 28-1    officer's or employee's time to activities other than the
 28-2    solicitation of applications for insurance, annuity contracts, or
 28-3    memberships;
 28-4                            (ii)  does not receive a commission or
 28-5    other compensation directly dependent on the business obtained; and
 28-6                            (iii)  does not solicit or accept from the
 28-7    public applications for insurance, annuity contracts, or
 28-8    memberships;
 28-9                      (B)  an employer or an employer's officers or
28-10    employees or the trustees of an employee benefit plan, to the
28-11    extent that those employers, officers, employees, or trustees are
28-12    engaged in the administration or operation of any program of
28-13    employee benefits involving the use of insurance or annuities
28-14    issued by an insurance company or memberships issued by a health
28-15    maintenance organization, if those employers, officers, employees,
28-16    or trustees are not  compensated, directly or indirectly, by the
28-17    insurance company or health maintenance organization issuing the
28-18    insurance or annuity contracts or memberships;
28-19                      (C)  except as otherwise provided by this code, a
28-20    depository institution, or the officers and employees of a
28-21    depository institution, to the extent that the depository
28-22    institution or officers and employees collect and remit premiums or
28-23    charges by charging those premiums or charges against accounts of
28-24    depositors on the orders of those depositors; or
28-25                      (D)  a person or the employee of a person who has
28-26    contracted to provide administrative, management, or health care
28-27    services to a health maintenance organization and who is
 29-1    compensated for those services by the payment of an amount computed
 29-2    as a percentage of the revenues, net income, or profit of the
 29-3    health maintenance organization, if that method of compensation is
 29-4    the sole basis for subjecting that person or the employee of the
 29-5    person to this article.
 29-6                (2)  "Depository institution" means:
 29-7                      (A)  a bank or savings association as defined by
 29-8    12 U.S.C. Section 1813, as amended;
 29-9                      (B)  a foreign bank that maintains a branch,
29-10    agency, or commercial lending company in the United States;
29-11                      (C)  a federal or state credit union as defined
29-12    by 12 U.S.C. Section 1752, as amended;
29-13                      (D)  a bank branch; or
29-14                      (E)  a bank subsidiary, as defined by state or
29-15    federal law.
29-16                (3)  "Control" means the power to direct or cause the
29-17    direction of the management and policies of a license holder,
29-18    whether directly or indirectly.  For the purposes of this
29-19    subchapter, a person is considered to control:
29-20                      (A)  a corporate license holder if the person,
29-21    individually or acting with others, directly or indirectly, holds
29-22    with the power to vote, owns, or controls, or holds proxies
29-23    representing, at least 10 percent of the voting stock or voting
29-24    rights of the corporate license holder; or
29-25                      (B)  a partnership if the person through a right
29-26    to vote or through any other right or power exercises rights in the
29-27    management, direction, or conduct of the business of the
 30-1    partnership.
 30-2                (4)  "Corporation" means a legal entity that is
 30-3    organized under the business corporations laws or limited liability
 30-4    company laws of this state, another state, or a territory of the
 30-5    United States and that has as one of its purposes the authority to
 30-6    act as an insurance agent.  The licensing and regulation of a
 30-7    limited liability company is subject to all provisions of this
 30-8    subchapter that apply to a corporation licensed under this
 30-9    subchapter.
30-10                (5)  "Individual" means  a natural person.  The term
30-11    includes a resident or a nonresident of this state.
30-12                (6)  "Insurance company," "insurance carrier," or
30-13    "insurer" means an insurance company regulated by the department.
30-14    The term includes:
30-15                      (A)  any domestic or foreign, stock and mutual,
30-16    life, health, or accident insurance company;
30-17                      (B)  any domestic or foreign, stock and mutual,
30-18    fire and casualty insurance company;
30-19                      (C)  a Mexican casualty company;
30-20                      (D)  a domestic or foreign Lloyd's plan insurer;
30-21                      (E)  a domestic or foreign reciprocal or
30-22    interinsurance exchange;
30-23                      (F)  a domestic or foreign fraternal benefit
30-24    society;
30-25                      (G)  a stipulated premium insurance company;
30-26                      (H)  a nonprofit or for-profit legal service
30-27    corporation;
 31-1                      (I)  a statewide mutual assessment company;
 31-2                      (J)  a local mutual aid association;
 31-3                      (K)  a local mutual burial association;
 31-4                      (L)  an exempt association under Article 14.17 of
 31-5    this code;
 31-6                      (M)  a nonprofit hospital, medical, or dental
 31-7    service corporation, including a company subject to Chapter 20 of
 31-8    this code;
 31-9                      (N)  a health maintenance organization;
31-10                      (O)  a county mutual insurance company; or
31-11                      (P)  a farm mutual insurance company.
31-12                (7)  "Partnership" means an association of two or more
31-13    persons organized under the partnership laws or limited liability
31-14    partnership laws of this state, another state,  or a territory of
31-15    the United States.  The term includes a  general partnership,
31-16    limited partnership, limited liability partnership, and limited
31-17    liability limited partnership.
31-18                (8)  "Person" means an individual, partnership,
31-19    corporation, or depository institution.
31-20                (9)  "Subagent" means any person engaging in activities
31-21    described under Subdivision (1) of this section who acts for or on
31-22    behalf of an agent, whether through an oral, written, or electronic
31-23    communication or otherwise, in the solicitation of, negotiation
31-24    for, or procurement of an insurance or annuity contract or health
31-25    maintenance organization membership, or the collection of premiums
31-26    or charges on an insurance or annuity contract or health
31-27    maintenance organization membership, whether or not the subagent is
 32-1    designated by the agent as a subagent or by any other title.  A
 32-2    subagent is an agent, for all purposes of this subchapter, and
 32-3    wherever the term "agent" is used in this chapter, it includes
 32-4    subagents whether or not a subagent is specifically mentioned
 32-5    [Article, "person" means an individual or a general partnership
 32-6    composed of two or more individuals or a limited liability
 32-7    partnership registered with the Secretary of State under Section
 32-8    3.08, Texas Revised Partnership Act (Article 6132b-3.08, Vernon's
 32-9    Texas Civil Statutes).  The term "partnership" or "agency
32-10    partnership" as used in this Article means a general partnership or
32-11    a registered limited liability partnership].
32-12          SECTION 1.11.  Section 2, Article 21.07, Insurance Code, is
32-13    amended to read as follows:
32-14          Sec. 2.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
32-15    ISSUED.  (a)  Any person[, corporation, or bank] that desires to
32-16    become an agent for an [a local mutual aid association, a local
32-17    mutual burial association, a statewide mutual assessment
32-18    corporation, a stipulated premium company, a county mutual]
32-19    insurance company or health maintenance organization[, a casualty
32-20    company writing accident and health insurance, or any other type of
32-21    insurance carrier licensed to do business in the State of Texas],
32-22    the agents of which are required to be licensed under this
32-23    subchapter [Article], shall submit to the department an application
32-24    for a license in the form required by the department.
32-25          (b)  Each applicant for a  license to act as an insurance
32-26    agent in this state shall file with the department a completed
32-27    application in the format prescribed by the department.  The
 33-1    commissioner shall establish by rule the requirements for a
 33-2    properly completed application.
 33-3          (c)  The department may not grant a license as an insurance
 33-4    agent to write any form of insurance unless the department finds
 33-5    that:
 33-6                (1)  the applicant is or intends to be actively engaged
 33-7    in the soliciting or writing of insurance for the public generally
 33-8    and is to be actively  engaged in the business of insurance; and
 33-9                (2)  the application is not made to evade the laws
33-10    against rebating and discrimination, either for the applicant or
33-11    for some other person.
33-12          (d)  This section does not prohibit an applicant from
33-13    insuring property that the applicant owns or in which the applicant
33-14    has an interest, but it is the intent of this section to prohibit
33-15    coercion of insurance and to preserve to each individual the right
33-16    to choose that individual's own agent or insurance company, and to
33-17    prohibit the licensing of a person to engage in the insurance
33-18    business principally to handle business that the applicant controls
33-19    only through ownership, mortgage or sale, family relationship, or
33-20    employment.  An applicant for an original license must have a bona
33-21    fide intention to engage in business in which, in any calendar
33-22    year, at least 25 percent of the total volume of premiums is
33-23    derived from persons other than the applicant and from property
33-24    other than that on which the applicant controls the placing of
33-25    insurance through ownership, mortgage, sale, family relationship,
33-26    or employment.
33-27          (e)  The department may not deny a license application solely
 34-1    on the ground that the applicant will act only part-time as an
 34-2    agent.
 34-3          (f)  [The application must bear a signed endorsement by an
 34-4    officer or properly authorized representative of the insurance
 34-5    carrier that the individual applicant or each member of the
 34-6    partnership or each officer, director, and shareholder of the
 34-7    corporation or the responsible officer and employee of the bank is
 34-8    qualified to hold that individual or the partnership, the
 34-9    corporation, or the bank out in good faith to the general public as
34-10    an insurance agent, and that the insurance carrier desires that the
34-11    applicant act as an insurance agent to represent it in this State.] 
34-12          [(c)]  The department shall issue a license to an individual
34-13    to engage [or to a general partnership engaging] in the business of
34-14    insurance if the department finds that the individual:
34-15                (1)  is at least 18 years of age;
34-16                (2)  has passed the licensing examination required
34-17    under this code within the past 12 months;
34-18                (3)  has not committed an act for which a license may
34-19    be denied under Article 21.01-2 of this code; and
34-20                (4)  has submitted the application, appropriate fees,
34-21    and any other information required by the department.
34-22          (g)  An individual engaging in the business of insurance as a
34-23    sole proprietorship under the authority of a license issued under
34-24    this subchapter may incorporate, but the corporation does not have
34-25    greater license authority than that granted to the license holder
34-26    in the holder's individual capacity.
34-27          (h)  Each individual license holder shall notify the
 35-1    department on a monthly basis of:
 35-2                (1)  a change of the license holder's mailing address;
 35-3                (2)  a conviction of the license holder of a felony; or
 35-4                (3)  an administrative action taken against the license
 35-5    holder by a financial or insurance regulator of this state, another
 35-6    state, or the United States [partner in the partnership must be
 35-7    licensed individually as an agent under this Article].
 35-8          (i) [(d)]  The department shall issue a license to a
 35-9    corporation or partnership if the department finds that:
35-10                (1)  [That] the corporation or partnership is:
35-11                      (A)  organized under the laws of this state or
35-12    any other state or territory of the United States;
35-13                      (B)  admitted to conduct business in this state
35-14    by the secretary of state, if so required; and
35-15                      (C)  authorized by its articles of incorporation
35-16    or its partnership agreement to act as an insurance agent [a Texas
35-17    corporation organized or existing under the Texas Business
35-18    Corporation Act or the Texas Professional Corporation Act (Article
35-19    1528e, Vernon's Texas Civil Statutes) having its principal place of
35-20    business in the State of Texas and having as one of its purposes
35-21    the authority to act as an agent covered by this Article];
35-22                (2)  the corporation or partnership meets the
35-23    definition of that entity adopted under Section 1A of this article;
35-24    [That every officer, director, and shareholder of the corporation
35-25    is individually licensed under the provisions of this Article, or
35-26    that every officer and director of the corporation is individually
35-27    licensed under this Article, that the corporation is a wholly owned
 36-1    subsidiary of a parent corporation that is licensed under this
 36-2    Article, and that every shareholder of the parent corporation is
 36-3    individually licensed under this Article; and]
 36-4                (3)  at least one officer of the corporation or one
 36-5    active partner of the partnership and all other persons performing
 36-6    any acts of an agent on behalf of the corporation or partnership in
 36-7    this state are individually licensed by the department separately
 36-8    from the corporation or partnership;
 36-9                (4)  the [That such] corporation or partnership will
36-10    have the ability to pay any sums up to $25,000 which it might
36-11    become legally obligated to pay on account of any claim made
36-12    against it by any customer and caused by any negligent act, error,
36-13    or omission of the corporation or partnership or any person for
36-14    whose acts the corporation or partnership is legally liable in the
36-15    conduct of its business under this code [Article].  The term
36-16    "customer" means any person, firm, or corporation to whom such
36-17    corporation or partnership sells or attempts to sell a policy of
36-18    insurance, or from whom such corporation or partnership accepts an
36-19    application for insurance.  Such ability shall be maintained
36-20    [proven] in one of the following ways:
36-21                      (A)  an errors and omissions policy insuring such
36-22    corporation or partnership against errors and omissions in at least
36-23    the sum of $250,000 [$100,000] with [no more than] a [$10,000]
36-24    deductible of not more than 10 percent of the full amount of the
36-25    policy [feature] issued by an insurance company licensed to do
36-26    business in this state [the State of Texas] or, if a policy cannot
36-27    be obtained from a company licensed to do business in this state
 37-1    [Texas], a surplus lines insurance policy issued under Article
 37-2    1.14-2 of this code [by a company not licensed to do business in
 37-3    Texas on filing an affidavit with the department stating the
 37-4    inability to obtain coverage and receiving the commissioner's
 37-5    approval]; or
 37-6                      (B)  a bond executed by such corporation or
 37-7    partnership as principal and a surety company authorized to do
 37-8    business in this state [State], as surety, in the principal sum of
 37-9    $25,000, payable to the department for the use and benefit of
37-10    customers of such corporation or partnership, conditioned that such
37-11    corporation or partnership shall pay any final judgment recovered
37-12    against it by any customer[; or]
37-13                      [(C)  a deposit of cash or securities of the
37-14    class authorized by Articles 2.08 and 2.10, Insurance Code, as
37-15    amended, having a fair market value of $25,000 with the
37-16    comptroller.  The comptroller is directed to accept and receive
37-17    such deposit and hold it exclusively for the protection of any
37-18    customer of such corporation recovering a final judgment against
37-19    such corporation.  Such deposit may be withdrawn only upon filing
37-20    with the department evidence satisfactory to it that the
37-21    corporation has withdrawn from business and has no unsecured
37-22    liabilities outstanding, or that such corporation has provided for
37-23    the protection of its customers by furnishing an errors and
37-24    omissions policy or a bond as provided.  Securities so deposited
37-25    may be exchanged from time to time for other qualified securities].
37-26    A binding commitment to issue such a policy or bond[, or the tender
37-27    of such securities,] shall be sufficient in connection with any
 38-1    application for license;
 38-2                (5)  the corporation or partnership intends to be
 38-3    actively engaged in the business of insurance as required under
 38-4    Subsection (c) of this section;
 38-5                (6)  each location from which the corporation or
 38-6    partnership will conduct its business in this state under authority
 38-7    of an insurance license is separately registered with the
 38-8    department;
 38-9                (7)  the corporation or partnership has submitted the
38-10    application, appropriate fees, and any other information required
38-11    by the department; and
38-12                (8)  an officer, director, member, manager, partner, or
38-13    any other person who has the right or ability to control the
38-14    license holder has not:
38-15                      (A)  had a license suspended or revoked or been
38-16    the subject of any other disciplinary action by a financial or
38-17    insurance regulator of this state, another state, or the United
38-18    States; or
38-19                      (B)  committed an act for which a license may be
38-20    denied under Article 21.01-2 of this code.
38-21          (j)  Nothing contained in this section [herein] shall be
38-22    construed to permit any unlicensed employee or agent of any
38-23    corporation or partnership to perform any act of an agent under
38-24    this subchapter [Article] without obtaining a license.
38-25          (k)  [If at any time, any corporation holding an agent's
38-26    license does not maintain the qualifications necessary to obtain a
38-27    license, the license of such corporation to act as an agent shall
 39-1    be cancelled or denied in accordance with the provisions of
 39-2    Sections 10 and 11 of this Article; provided, however, that should
 39-3    any person who is not a licensed agent under this Article acquire
 39-4    shares in such a corporation by devise or descent, that person
 39-5    shall have a period of 90 days from date of acquisition within
 39-6    which to obtain a license or to dispose of the shares to a person
 39-7    licensed under this Article.]
 39-8                [Should such an unlicensed person acquire shares in a
 39-9    corporation and not dispose of them within a period of 90 days to a
39-10    licensed agent, then they must be purchased by the corporation for
39-11    their book value, that is, the value of said shares of stock as
39-12    reflected by the regular books and records of said corporation, as
39-13    of the date of the acquisition of said shares by said unlicensed
39-14    person.  Should the corporation fail or refuse to so purchase such
39-15    shares, its license shall be cancelled.]
39-16                [Any such corporation shall have the power to redeem
39-17    the shares of any shareholder, or the shares of a deceased
39-18    shareholder, upon such terms as may be agreed upon by the board of
39-19    directors and such shareholder or such shareholder's personal
39-20    representative, or at a price and upon such terms as may be
39-21    provided in the articles of incorporation, the bylaws, or an
39-22    existing contract entered into between the shareholders of the
39-23    corporation.]
39-24                Each corporation or partnership licensed as an agent
39-25    under this subchapter [Article] shall file, under oath, on a form
39-26    developed by the department, biographical information for each [a
39-27    list of the names and addresses of all] of its executive officers
 40-1    and[,] directors or unlicensed partners who administer the entity's
 40-2    operations in this state, and shareholders who are in control of
 40-3    the corporation, or any other partners who have the right or
 40-4    ability to control the partnership.  If any corporation or
 40-5    partnership is owned, in whole or in part, by another entity, a
 40-6    biographical form is required for each individual who is in control
 40-7    of the parent entity[, and shareholders with its application for
 40-8    renewal license].
 40-9          (l)  Each corporation or partnership shall notify the
40-10    department not later than the 30th day after the date of:
40-11                (1)  a felony conviction of a licensed agent of the
40-12    entity or any individual associated with the corporation or
40-13    partnership who is required to file biographical information with
40-14    the department;
40-15                (2)  an event that would require notification under
40-16    Section 81.003 of this code; and
40-17                (3)  the addition or removal of an officer, director,
40-18    partner, member, or manager.
40-19          (m)  The department shall issue a license to a depository
40-20    institution in the manner provided for the licensing of a
40-21    corporation under this section.
40-22          (n)  A person may not acquire in any manner any ownership
40-23    interest in an entity licensed as an agent under this subchapter if
40-24    the person is, or after the acquisition would be, directly or
40-25    indirectly, in control of the license holder, or otherwise acquire
40-26    control of or exercise any control over the license holder, unless
40-27    the person has filed the following information with the department
 41-1    under oath:
 41-2                (1)  a biographical form for each person by whom or on
 41-3    whose behalf the acquisition of control is to be effected;
 41-4                (2)  a statement certifying that no person who is
 41-5    acquiring an ownership interest in or control of the license holder
 41-6    has been the subject of a disciplinary action taken by a financial
 41-7    or insurance regulator of this state, another state, or the United
 41-8    States;
 41-9                (3)  a statement certifying that, immediately on the
41-10    change of control, the license holder will be able to satisfy the
41-11    requirements for the issuance of the license to solicit the line or
41-12    lines of insurance for which it is licensed; and
41-13                (4)  any additional information that the commissioner
41-14    may by rule prescribe as necessary or appropriate to the protection
41-15    of the insurance consumers of this state or as in the public
41-16    interest.
41-17          (o)  If a person required to file a statement under
41-18    Subsection (n) of this section is a partnership, limited
41-19    partnership, syndicate, or other group, the commissioner may
41-20    require that the information required by Subdivisions (1)-(4) of
41-21    that subsection for an individual be provided regarding each
41-22    partner of the partnership or limited partnership, each member of
41-23    the syndicate or group, and each person who controls the partner or
41-24    member.  If the partner, member, or person is a corporation or the
41-25    person required to file the statement under Subsection (n) of this
41-26    section is a corporation, the commissioner may require that the
41-27    information required by Subdivisions (1)-(4) of that subsection be
 42-1    provided regarding:
 42-2                (1)  the corporation;
 42-3                (2)  each individual who is an executive officer or
 42-4    director of the corporation; and
 42-5                (3)  each person who is directly or indirectly the
 42-6    beneficial owner of more than 10 percent of the outstanding voting
 42-7    securities of the corporation.
 42-8          (p)  The department may disapprove an acquisition of control
 42-9    if, after notice and opportunity for hearing, the commissioner
42-10    determines that:
42-11                (1)  immediately on the change of control the license
42-12    holder would not be able to satisfy the requirements for the
42-13    issuance of the license to solicit the line or lines of insurance
42-14    for which it is presently licensed;
42-15                (2)  the competence, trustworthiness, experience, and
42-16    integrity of the persons who would control the operation of the
42-17    license holder are such that it would not be in the interest of the
42-18    insurance consumers of this state to permit the acquisition of
42-19    control; or
42-20                (3)  the acquisition of control would violate this code
42-21    or another law of this state, another state, or the United States. 
42-22          (q)  Notwithstanding Subsection (o) of this section, a change
42-23    in control is considered approved if the department has not
42-24    proposed to deny the requested change before the 61st day after the
42-25    date of receipt by the department of all information required by
42-26    this section.
42-27          (r)  The commissioner is the corporation's or partnership's
 43-1    agent for service of process in the manner provided by Section 3,
 43-2    Article 1.36, of this code in a legal proceeding against the
 43-3    corporation or partnership if:
 43-4                (1)  the corporation or partnership licensed to
 43-5    transact business in this state fails to appoint or maintain an
 43-6    agent for service in this state;
 43-7                (2)  an agent for service cannot with reasonable
 43-8    diligence be found; or
 43-9                (3)  the license of a corporation or partnership is
43-10    revoked.
43-11          (s)  If a license holder does not maintain the qualifications
43-12    necessary to obtain the license, the department shall revoke or
43-13    suspend the license or deny the renewal of the license under
43-14    Article 21.01-2 of this code.
43-15          (t)  A person licensed under this subchapter shall maintain
43-16    all insurance records, including all records relating to customer
43-17    complaints, separate from the records of any other business in
43-18    which the person may be engaged.
43-19          (u)  A subagent must be licensed to write each type of
43-20    insurance that the subagent is employed to write, but the subagent
43-21    is not required to hold each type of license issued to the agent
43-22    for whom the subagent acts.
43-23                [Each corporation shall notify the department upon any
43-24    change in its officers, directors, or shareholders not later than
43-25    the 30th day after the date on which the change becomes effective.] 
43-26                [Except as provided by Subdivision (2) of this
43-27    subsection, a corporation may not own any interest in another
 44-1    corporation licensed under this Article, and each owner of an
 44-2    interest in a corporation licensed under this Article shall be a
 44-3    natural person who holds a valid license issued under this Article.]
 44-4          [(e)  The department shall issue a license to a bank if the
 44-5    department finds that:]
 44-6                [(1)  the bank satisfies the definition of Section 1C
 44-7    of this Article;]
 44-8                [(2)  at least one officer of the bank and each
 44-9    individual who will be performing any acts as an agent for the bank
44-10    are individually licensed under this Article; and]
44-11                [(3)  the bank will have the ability to pay any sums up
44-12    to $25,000 that it might become legally obligated to pay on account
44-13    of any claim made against it by a customer and caused by a
44-14    negligent act, error, or omission of the bank or any person for
44-15    whose acts the bank is legally liable in the conduct of its
44-16    business under this Article.  The term "customer" means any person,
44-17    firm, or corporation to whom the bank sells or attempts to sell a
44-18    policy of insurance or from whom the bank accepts an application
44-19    for insurance.  That ability shall be proven through:]
44-20                      [(A)  an errors and omissions policy insuring the
44-21    bank against errors and omissions in at least the sum of $100,000
44-22    with not more than a $10,000 deductible feature, issued by an
44-23    insurance company licensed to do business in this state or, if a
44-24    policy cannot be obtained from a company licensed to do business in
44-25    this state, a policy issued by a company not licensed to do
44-26    business in this state on filing an affidavit with the department
44-27    stating the inability to obtain coverage and receiving the
 45-1    department's approval;]
 45-2                      [(B)  a bond executed by the bank as principal
 45-3    and a surety company authorized to do business in this state, as
 45-4    surety, in the principal sum of $25,000, payable to the department
 45-5    for the use and benefit of customers of the bank, conditioned that
 45-6    the bank shall pay any final judgment recovered against it by a
 45-7    customer; or]
 45-8                      [(C)  a deposit with the comptroller of cash or
 45-9    securities of the class authorized by Articles 2.08 and 2.10 of
45-10    this code, with a fair market value of $25,000. The comptroller
45-11    shall accept and receive the deposit and hold it exclusively for
45-12    the protection of a customer of the bank who recovers a final
45-13    judgment against the bank.  The deposit may be withdrawn only on
45-14    filing with the department satisfactory evidence that the bank has
45-15    withdrawn from the business of insurance and has no unsecured
45-16    liabilities outstanding or that the bank has provided for the
45-17    protection of its customers by furnishing an errors and omissions
45-18    policy or a bond as provided by this subdivision.  Securities so
45-19    deposited may be exchanged from time to time for other qualified
45-20    securities.]
45-21                [A binding commitment to issue such a policy or bond,
45-22    or the tender of applicable securities, is sufficient in connection
45-23    with an application for license.]
45-24                [Nothing in this subsection permits an unlicensed
45-25    employee or agent of a bank to perform any act of an agent under
45-26    this Article without obtaining a license.]
45-27                [A bank licensed as an agent under this Article may
 46-1    have additional offices from which the business of insurance is
 46-2    conducted only in a place with a population of 5,000 or less and
 46-3    must comply with the department's regulations regarding additional
 46-4    offices.]
 46-5                [A bank licensed as an agent under this Article must
 46-6    maintain the insurance records of the bank, including all files
 46-7    relating to customer complaints, separate from records relating to
 46-8    the banking transactions of the bank.]
 46-9                [If at any time, a bank that holds an agent's license
46-10    does not maintain the qualifications necessary to obtain a license,
46-11    the license of that bank to act as an agent shall be canceled or
46-12    denied in accordance with Sections 10 and 11 of this Article.]
46-13                [Each bank licensed as an agent under this Article
46-14    shall file under oath with its application for license renewal a
46-15    list of the name and address of each individual who will be acting
46-16    as an agent on behalf of the bank and of each officer and director
46-17    of the bank, as defined by Article 21.02 of this code, and other
46-18    biographical information as required by the department.]
46-19                [Each bank shall notify the department of any change in
46-20    its officers and directors, and any change in other persons who
46-21    will be acting as agents, as defined by Article 21.02 of this code,
46-22    and submit biographical information on those officers, directors,
46-23    and persons as required by the department not later than the 30th
46-24    day after the date on which the change takes effect.]
46-25          SECTION 1.12. Article 21.07, Insurance Code, is amended by
46-26    adding Section 3A to read as follows:
46-27          Sec. 3A.  TEMPORARY LICENSE.  (a)  The department may issue a
 47-1    temporary agent's license to an applicant for a license under
 47-2    Section 2 of this article who is being considered for appointment
 47-3    as an agent by another license holder, an insurer, or a health
 47-4    maintenance organization.  An applicant for a temporary license is
 47-5    not required to pass a written examination.  A temporary license is
 47-6    valid for the 90 days after the date of issuance.  The department
 47-7    shall issue a temporary license immediately on receipt by the
 47-8    department of a properly completed application executed by the
 47-9    person in the form required by Section 2 of this article,
47-10    accompanied by the nonrefundable filing fee set by the department
47-11    and a certificate signed by an officer or properly authorized
47-12    representative of the agent, insurer, or health maintenance
47-13    organization stating that:
47-14                (1)  the applicant is being considered for appointment
47-15    by the agent, insurer, or health maintenance organization as its
47-16    full-time agent;
47-17                (2)  the agent, insurer, or health maintenance
47-18    organization desires that the applicant be issued a temporary
47-19    license; and
47-20                (3)  the applicant will complete, under the agent's,
47-21    insurer's, or health maintenance organization's supervision, at
47-22    least 40 hours of training as prescribed by Subsection (h) of this
47-23    section not later than the 14th day after the date on which the
47-24    application, certificate, and nonrefundable fee are delivered or
47-25    mailed to the department.
47-26          (b)  If the temporary license is not received from the
47-27    department before the eighth day after the date on which the
 48-1    application, certificate, and nonrefundable fee are delivered or
 48-2    mailed to the department and the agent, insurer, or health
 48-3    maintenance organization has not been notified that the application
 48-4    is denied, the agent, insurer, or health maintenance organization
 48-5    may assume that the temporary license will be issued and the
 48-6    applicant may proceed to act as an agent.
 48-7          (c)  A temporary license may not be renewed or issued more
 48-8    than once in a consecutive six-month period to the same applicant. 
 48-9          (d)  A temporary license may not be granted to a person who
48-10    does not intend to apply for a license to sell insurance or
48-11    memberships to the public generally.
48-12          (e)  A temporary license may not be used to obtain
48-13    commissions from sales made to persons who have family, employment,
48-14    or business relationships with the temporary license holder.  An
48-15    agent, insurer, or health maintenance organization may not
48-16    knowingly pay, directly or indirectly, to the holder of a temporary
48-17    license under this section, and a temporary license holder may not
48-18    receive or accept, a commission on the sale of a contract of
48-19    insurance or membership covering:
48-20                (1)  the temporary license holder;
48-21                (2)  a person related to the temporary license holder
48-22    by consanguinity or affinity;
48-23                (3)  a person who is or has been during the past six
48-24    months the temporary license holder's employer, either as an
48-25    individual or as a member of a partnership, association, firm, or
48-26    corporation; or
48-27                (4)  a person who is or who has been during the past
 49-1    six months the employee of the temporary license holder.
 49-2          (f)  A person who has been issued a temporary license under
 49-3    this section and is acting under the authority of the temporary
 49-4    license may not engage in any insurance solicitation, sale, or
 49-5    other agency transaction that results in or is intended to result
 49-6    in the replacement of any existing individual life insurance policy
 49-7    form or annuity contract that is in force, or receive, directly or
 49-8    indirectly, any commission or other compensation that may or does
 49-9    result from such a solicitation, sale, or other agency transaction.
49-10    A person who holds a permanent license may not circumvent or
49-11    attempt to circumvent the intent of this subsection by acting for
49-12    or with a person holding a temporary license.  As used in this
49-13    subsection, "replacement" means a transaction in which a new life
49-14    insurance or annuity contract is to be purchased, and it is known
49-15    or should be known to the temporary agent that by reason of the
49-16    solicitation, sale, or other transaction the existing life
49-17    insurance or annuity contract has been or is to be:
49-18                (1)  lapsed, forfeited, surrendered, or otherwise
49-19    terminated;
49-20                (2)  converted to reduced paid-up insurance, continued
49-21    as extended term insurance, or otherwise reduced in value by the
49-22    use of nonforfeiture benefits or other policy values;
49-23                (3)  amended so as to effect either a reduction in
49-24    benefits or in the term for which coverage would otherwise remain
49-25    in force or for which benefits would be paid;
49-26                (4)  reissued with any reduction in cash value; or
49-27                (5)  pledged as collateral or subjected to borrowing,
 50-1    whether in a single loan or under a schedule of borrowing over a
 50-2    period of time, for amounts in the aggregate exceeding 25 percent
 50-3    of the loan value set forth in the policy.
 50-4          (g)  The department may cancel, suspend, or revoke the
 50-5    temporary appointment powers of an agent, insurer, or health
 50-6    maintenance organization if, after notice and opportunity for
 50-7    hearing, the commissioner finds that that agent, insurer, or health
 50-8    maintenance organization has abused the temporary appointment
 50-9    powers.  An appeal from the department's decision is subject to
50-10    Chapter 36 of this code.  In considering whether abuse has
50-11    occurred, the department may consider:
50-12                (1)  the number of temporary appointments made;
50-13                (2)  the percentage of appointees sitting for
50-14    examination as agents under this article, as provided by Subsection
50-15    (j) of this section; and
50-16                (3)  the number of appointees who pass the examination.
50-17          (h)  The agent, insurer, or health maintenance organization
50-18    shall administer at least 40 hours of training to each applicant
50-19    for a temporary license not later than the 14th day after the date
50-20    on which the application, certificate, and nonrefundable fee are
50-21    delivered or mailed to the department.  At least 10 hours must be
50-22    taught in a classroom setting, including an accredited college,
50-23    university, junior college, or community college, a business
50-24    school, or a private institute or classes sponsored by the agent,
50-25    insurer, or health maintenance organization and especially
50-26    established for this purpose.  The training program must be
50-27    designed to provide an applicant with  basic knowledge of:
 51-1                (1)  the broad principles of insurance, including the
 51-2    licensing and regulatory laws of this state;
 51-3                (2)  the broad principles of health maintenance
 51-4    organizations, including membership requirements and related
 51-5    licensing and regulatory laws of this state; and
 51-6                (3)  the ethical obligations and duties of an agent.
 51-7          (i)  If the commissioner finds under Subsection (g) of this
 51-8    section that an abuse of temporary appointment powers has occurred,
 51-9    the commissioner may require the affected agent, insurer, or health
51-10    maintenance organization to file with the department a description
51-11    of the agent's, insurer's, or health maintenance organization's
51-12    training program and may require the agent, insurer, or health
51-13    maintenance organization to obtain the approval of the department
51-14    before continuing to use the training program.
51-15          (j)  Each agent, insurer, or health maintenance organization
51-16    shall ensure that, during any two consecutive calendar quarters, at
51-17    least 70 percent of the agent's, insurer's, or health maintenance
51-18    organization's applicants for temporary licenses sit for the
51-19    required licensing examination.  At least 50 percent of the
51-20    applicants taking the examination must pass during that period.
51-21          (k)  An agent, insurer, or health maintenance organization
51-22    may not make more than 250 appointments of temporary license
51-23    holders during a calendar year.
51-24          SECTION 1.13.  Section 6, Article 21.07, Insurance Code, is
51-25    amended to read as follows:
51-26          Sec. 6.  FILING OF [AGENT MAY BE LICENSED TO REPRESENT]
51-27    ADDITIONAL APPOINTMENTS [INSURERS].   (a)  Except as specifically
 52-1    prohibited by another provision of this code, an [Any] agent
 52-2    licensed under this subchapter [Article] may represent and act as
 52-3    an agent for more than one insurance carrier at any time while the
 52-4    agent's license is in force, if the agent so desires.  Any such
 52-5    agent and the insurance carrier involved shall notify the
 52-6    department, in a form prescribed by the department, of [must give
 52-7    notice to the State Board of Insurance of] any additional
 52-8    appointment [or appointments] authorizing the agent to act as agent
 52-9    for an additional insurance carrier or carriers not later than the
52-10    30th day after the  effective date of the appointment.  The filing
52-11    [Such notice] must include [be accompanied by a certificate from
52-12    each insurance carrier to be named in each additional appointment,
52-13    and must state that said insurance company desires to appoint the
52-14    applicant as its agent.  This notice shall also contain such other
52-15    information as the State Board of Insurance may require.  The agent
52-16    shall be required to pay] a nonrefundable fee in an amount [not to
52-17    exceed $16 as] determined by the commissioner [State Board of
52-18    Insurance] for each additional appointment for which the insurance
52-19    carrier applies [applied for, which fee shall accompany the notice.
52-20    If approval of the additional appointment is not received from the
52-21    State Board of Insurance before the eighth day after the date on
52-22    which the completed application and fee were received by the Board,
52-23    the agent and the insurance carrier, in the absence of notice of
52-24    disapproval, may assume that the Board approves the application,
52-25    and the agent may act for the insurance carrier].
52-26          (b)  An appointment made under this Article to authorize an
52-27    agent to act as an agent for an insurance carrier continues in
 53-1    effect without the necessity of renewal until it is terminated or
 53-2    [and] withdrawn by the insurance carrier or agent.  If the agent is
 53-3    terminated for cause, the insurance carrier shall follow the
 53-4    procedures established under Section 6B of [as provided by this
 53-5    section or is otherwise terminated in accordance with] this
 53-6    Article.  Each renewal license issued to the agent authorizes the
 53-7    agent to represent and act for the insurance carriers for which the
 53-8    agent holds an appointment until the appointment is terminated or
 53-9    withdrawn, and that agent is considered to be the agent of the
53-10    appointing insurance carriers for the purposes of this code
53-11    [Article].
53-12          (c)  An agent appointed under this section may act on behalf
53-13    of the appointing carrier before the department receives the filing
53-14    made under this section.
53-15          (d)  If a general life, accident, and health agent or general
53-16    property and casualty agent who has been appointed by an insurance
53-17    carrier authorized to engage in the business of insurance in this
53-18    state appoints a subagent, the general agent shall notify the
53-19    department about the appointment in writing on a form prescribed by
53-20    the department.  The notice must be accompanied by a nonrefundable
53-21    fee in an amount determined by the commissioner.
53-22          (e)  An insurance carrier is not required to separately
53-23    appoint a subagent who has been designated in writing to the
53-24    department as a subagent by an agent.
53-25          (f)  If an agent terminates a subagent for any reason other
53-26    than for cause, the agent shall promptly report the termination to
53-27    the department.  The termination ends the subagent's authority to
 54-1    act for the licensed agent or the insurance carrier for whom the
 54-2    agent is acting.  If the subagent is terminated for cause, Section
 54-3    6B of this article applies.
 54-4          SECTION 1.14.  Article 21.07, Insurance Code, is amended by
 54-5    adding Sections 6B and 6C to read as follows:
 54-6          Sec. 6B.  INSURANCE CARRIER TO NOTIFY DEPARTMENT OF
 54-7    TERMINATION OF CONTRACT FOR CAUSE; COMMUNICATION PRIVILEGED.  (a)
 54-8    Each insurance carrier or agent shall, on termination of the
 54-9    appointment of an agent for cause, immediately file with the
54-10    department a statement of the facts relating to the termination of
54-11    the appointment and the date and cause of the termination.  On
54-12    receipt of the statement the department shall record the
54-13    termination of the appointment of that agent to represent the
54-14    insurance carrier in this state.
54-15          (b)  A document, record, statement, or other information
54-16    required to be made or disclosed to the department under this
54-17    section is a privileged and confidential communication and is not
54-18    admissible in evidence in any court action or proceeding except
54-19    under a subpoena issued by a court of record.
54-20          (c)  An insurance agent, insurance carrier, an employee or
54-21    agent of the carrier, or any other person, acting without malice,
54-22    is not liable for providing the information required to be
54-23    disclosed under this section.
54-24          Sec. 6C.  FEES; USE OF FUNDS.  (a)  The department shall
54-25    collect from each agent of an insurance carrier writing insurance
54-26    in this state under this code a nonrefundable license fee and a
54-27    nonrefundable appointment fee for each appointment by an insurance
 55-1    carrier.  These fees, together with examination fees, license fees,
 55-2    and license renewal fees, shall be deposited to the credit of the
 55-3    Texas Department of Insurance operating fund.
 55-4          (b)  The department may use any portion of the fees collected
 55-5    to enforce this subchapter, may employ persons as it considers
 55-6    necessary to investigate and make reports regarding alleged
 55-7    violations of this code and misconduct on the part of agents, and
 55-8    may pay the salaries and expenses of those persons and office
 55-9    employees and other expenses necessary to enforce this subchapter
55-10    from the fees collected.  A person employed by the department under
55-11    this section may administer the oath and examine under oath any
55-12    person considered necessary in gathering information and evidence
55-13    and may have that information and evidence reduced to writing if
55-14    considered necessary, and all related expenses shall be paid from
55-15    the fees.
55-16          (c)  The department shall set the fees in amounts reasonable
55-17    and necessary to implement this subchapter.
55-18              ARTICLE 2.  LIFE, ACCIDENT, AND HEALTH LICENSES
55-19          SECTION 2.01.  Subchapter A, Chapter 21, Insurance Code, is
55-20    amended by adding Article 21.07-1 to read as follows:
55-21          Art. 21.07-1.  TEXAS LIFE, ACCIDENT, AND HEALTH AGENTS
55-22    LICENSE ACT
55-23          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
55-24    cited as the Texas Life, Accident, and Health Agents License Act.
55-25          (b)  Each agent of an insurance company authorized to provide
55-26    life, accident, and health insurance coverage in this state is
55-27    subject to this article.  This article applies to each person who:
 56-1                (1)  performs the acts of an agent, as defined by
 56-2    Article 21.02 of this code, whether through oral, written, or
 56-3    electronic communications or otherwise, by the solicitation of,
 56-4    negotiation for, procurement of, or collection of premiums on an
 56-5    insurance or annuity contract offered by any type of insurance
 56-6    carrier authorized to sell life, accident, and health insurance
 56-7    products in this state; or
 56-8                (2)  represents or purports to represent a health
 56-9    maintenance organization in the solicitation, negotiation,
56-10    procurement, or effectuation of membership in the health
56-11    maintenance organization.
56-12          Sec. 2.  GENERAL LIFE, ACCIDENT, AND HEALTH LICENSE; LICENSE
56-13    REQUIRED.  (a)  A general life, accident, and health license is
56-14    required for each person who acts as:
56-15                (1)  an agent writing life, accident, and health
56-16    insurance for a life insurance company;
56-17                (2)  an agent writing only accident and health
56-18    insurance;
56-19                (3)  an agent representing a health maintenance
56-20    organization;
56-21                (4)  an agent writing fixed or variable annuity
56-22    contracts or variable life contracts;
56-23                (5)  an industrial life insurance agent for an
56-24    industrial company that writes only weekly premium life insurance
56-25    on a debit basis under Article 3.52 of this code;
56-26                (6)  an agent writing:
56-27                      (A)  only life insurance in excess of $15,000 on
 57-1    any one life for a stipulated premium insurance company;
 57-2                      (B)  only accident and health insurance for a
 57-3    stipulated premium insurance company; or
 57-4                      (C)  both types of insurance described by
 57-5    Paragraphs (A) and (B) of this subdivision;
 57-6                (7)  an agent writing life, accident, and health
 57-7    insurance for any type of authorized life insurance company,
 57-8    including a legal reserve life insurance company, domiciled in this
 57-9    state, representing the insurer in a foreign country or territory
57-10    and either on a United States military installation or with United
57-11    States military personnel;
57-12                (8)  an agent writing life, accident, and health
57-13    insurance for a fraternal benefit society except as provided by
57-14    Article 10.37-3 of this code; or
57-15                (9)  an agent writing any other type of insurance as
57-16    required by the commissioner for the protection of the insurance
57-17    consumers of this state.
57-18          (b)  For the purposes of this subsection, a "combination
57-19    company" is an insurer that writes weekly premium life insurance or
57-20    monthly ordinary life insurance on a debit basis.  A general life,
57-21    accident, and health license is required for each person who acts
57-22    as a combination life insurance agent for a combination company.  A
57-23    combination company and a combination life insurance agent may also
57-24    write ordinary contracts of life insurance.
57-25          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
57-26    person who holds a general life, accident, and health license
57-27    issued under the requirements of this subchapter may, without
 58-1    obtaining an additional license, write additional types of
 58-2    insurance contracts as provided under:
 58-3                (1)  Sections 4, 5, and 6 of this article; or
 58-4                (2)  Article 21.09 of this code.
 58-5          Sec. 4.  LIMITED LIFE, ACCIDENT, AND HEALTH LICENSE. (a)  An
 58-6    agent must hold a limited life, accident, and health license if the
 58-7    agent writes:
 58-8                (1)  a policy or rider to a policy that provides only:
 58-9                      (A)  lump-sum cash benefits in the event of
58-10    accidental death, death by accidental means, or dismemberment; or
58-11                      (B)  ambulance expense benefits in the event of
58-12    accident or sickness;
58-13                (2)  a prepaid legal services contract under Article
58-14    5.13-1 or Chapter 23 of this code;
58-15                (3)  credit insurance except as otherwise provided
58-16    under Article 21.09 of this code; or
58-17                (4)  any other type of insurance, if determined
58-18    necessary by the commissioner to protect insurance consumers in
58-19    this state.
58-20          (b)  A person who holds a limited life, accident, and health
58-21    license issued under this section may write only the types of
58-22    insurance products designated on the license by the department.
58-23          (c)  An applicant for a limited life, accident, and health
58-24    license is eligible for a temporary license under Section 3A,
58-25    Article 21.07, of this code.
58-26          Sec. 5.  FUNERAL PREARRANGEMENT LIFE INSURANCE AGENT.  (a)
58-27    In this section, "funeral prearrangement life insurance agent"
 59-1    means a life insurance agent who, subject to the limitations of
 59-2    this section, writes only life insurance policies and fixed annuity
 59-3    contracts to secure the delivery of funeral services and
 59-4    merchandise under prepaid funeral contracts regulated by the Texas
 59-5    Department of Banking under Chapter 154, Finance Code.
 59-6          (b)  The department shall issue a license to act as a funeral
 59-7    prearrangement life insurance agent to an individual after
 59-8    receiving certification from an insurance company authorized to
 59-9    write life insurance and annuities in this state that the applicant
59-10    has completed a course of study and instruction on life insurance
59-11    and fixed annuities for applicants offered by the insurance company
59-12    and passed without aid a written examination administered by the
59-13    insurance company.  The course of study and instruction must be at
59-14    least a five-hour course and must include instruction on:
59-15                (1)  the policies to be sold; and
59-16                (2)  the laws relating to funeral prearrangement.
59-17          (c)  The commissioner shall authorize an insurance company to
59-18    administer a funeral prearrangement life insurance agent
59-19    examination as provided by Subsection (b) of this section after
59-20    approval by the commissioner of a complete outline and explanation
59-21    of the course of study and instruction and the nature and manner of
59-22    conducting the examination for applicants.  The commissioner shall
59-23    prescribe a uniform examination for applicants that fairly
59-24    addresses the information contained in the approved course of study
59-25    and instruction.
59-26          (d)  The commissioner may investigate as necessary the manner
59-27    of instruction and the examination administered by an insurance
 60-1    company under this section.  The commissioner may withdraw from an
 60-2    insurance company the authority under this section to offer
 60-3    instruction and administer an examination.
 60-4          (e)  A funeral prearrangement life insurance agent licensed
 60-5    under this section may not:
 60-6                (1)  write any coverage or combination of coverages
 60-7    with an initial guaranteed death benefit that exceeds $15,000 on
 60-8    any life; or
 60-9                (2)  act as an agent for more than one insurance
60-10    company.
60-11          (f)  A license issued under this section to act as an agent
60-12    for an insurance company is canceled when the license holder ceases
60-13    to act as an agent for an insurance company.  Not later than the
60-14    15th day after the date on which the license holder ceases to act
60-15    as an agent for an insurance company, the insurance company or
60-16    agent shall send written notification to the department.
60-17          (g)  Except as specifically provided by this section, the
60-18    provisions of this subchapter that apply to a limited license apply
60-19    to a license issued under this section.
60-20          Sec. 6.  LIFE INSURANCE NOT EXCEEDING $15,000.  (a)  The
60-21    department shall issue a license to act as an agent to an
60-22    individual who writes only life insurance not to exceed $15,000 on
60-23    any one life after receiving certification from a stipulated
60-24    premium insurance company, a statewide mutual assessment company, a
60-25    local mutual aid association, or a local mutual burial association,
60-26    that the applicant has completed a course of study and instruction
60-27    on life insurance and fixed annuities offered by the insurer and
 61-1    passed without aid a written examination administered by the
 61-2    insurer.  The course of study and instruction must be at least a
 61-3    five-hour course and must include instruction on:
 61-4                (1)  the policies to be sold; and
 61-5                (2)  the laws relating to the regulation of insurance
 61-6    in this state.
 61-7          (b)  The commissioner shall authorize an insurer described by
 61-8    Subsection (a) of this section to administer an agent examination
 61-9    as provided by Subsection (a) of this section after approval by the
61-10    commissioner of a complete outline and explanation of the course of
61-11    study and instruction and the nature and manner of conducting the
61-12    examination for applicants.  The commissioner shall prescribe a
61-13    uniform examination for applicants that fairly addresses the
61-14    information contained in the approved course of study and
61-15    instruction.
61-16          (c)  The commissioner may investigate as necessary the manner
61-17    of instruction and the examination administered by an insurer under
61-18    this section.  The commissioner may withdraw from an insurer the
61-19    authority under this section to offer instruction and administer an
61-20    examination.
61-21          (d)  An insurance agent licensed under this section may not
61-22    write any coverage or combination of coverages with an initial
61-23    guaranteed death benefit that exceeds $15,000 on any life.
61-24          (e)  This section does not apply to an agent who wrote
61-25    policies that generated, in the aggregate, less than $20,000 in
61-26    direct premium in the previous calendar year.
61-27          (f)  Except as specifically provided by this section, the
 62-1    provisions of this subchapter that apply to a limited license apply
 62-2    to a license issued under this section.
 62-3                ARTICLE 3.  PROPERTY AND CASUALTY LICENSES
 62-4          SECTION 3.01.  Article 21.14, Insurance Code, is amended to
 62-5    read as follows:
 62-6          Art. 21.14.  TEXAS PROPERTY AND CASUALTY AGENTS LICENSE ACT
 62-7          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
 62-8    cited as the Texas Property and Casualty Agents License Act.
 62-9          (b)  Each agent of an insurance company authorized to provide
62-10    property and casualty insurance coverage in this state is subject
62-11    to this article.  This article applies to each person who performs
62-12    the acts of an agent, as defined by Article 21.02 of this code,
62-13    whether through oral, written, or electronic communications or
62-14    otherwise, by the solicitation of, negotiation for, procurement of,
62-15    or collection of premiums on an insurance contract offered by any
62-16    type of insurance carrier authorized to sell property and casualty
62-17    insurance products in this state, including:
62-18                (1)  a fidelity or surety company;
62-19                (2)  an inter-insurance exchange;
62-20                (3)  a mutual company, including a farm mutual or a
62-21    county  mutual;
62-22                (4)  a reciprocal exchange; or
62-23                (5)  a Lloyd's plan insurer.
62-24          Sec. 2.  GENERAL PROPERTY AND CASUALTY LICENSE; LICENSE
62-25    REQUIRED.  A general property and casualty license is required for
62-26    each person who acts as:
62-27                (1)  an agent writing property and casualty insurance
 63-1    for an insurance carrier authorized to provide property and
 63-2    casualty insurance coverage in this state;
 63-3                (2)  a subagent of a person licensed as an agent under
 63-4    this article who solicits and binds insurance risks on behalf of
 63-5    that agent; or
 63-6                (3)  an agent writing any other type of insurance as
 63-7    required by the commissioner for the protection of the insurance
 63-8    consumers of this state.
 63-9          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
63-10    person who holds a general property and casualty license issued
63-11    under this subchapter may write additional types of insurance
63-12    contracts as provided under:
63-13                (1)  Sections 6 and 9 of this article; or
63-14                (2)  Article 21.09 of this code.
63-15          Sec. 4.  AUTHORITY TO WRITE ACCIDENT AND HEALTH INSURANCE.  A
63-16    person who holds a general property and casualty license issued
63-17    under this subchapter may write health and accident insurance for a
63-18    property and casualty insurer authorized to sell those insurance
63-19    products in this state without holding a license issued under
63-20    Article 21.07-1 of this code.
63-21          Sec. 5.  EMERGENCY LICENSE WITHOUT EXAMINATION.  In the event
63-22    of the death or disability of a property and casualty agent or if a
63-23    property and casualty agent is found to be insolvent and unable to
63-24    pay for premiums as they become due to an insurer, the department
63-25    may issue to an applicant for a property and casualty license an
63-26    emergency property and casualty license without examination if it
63-27    is established to the satisfaction of the department that the
 64-1    emergency license is necessary for the preservation of the agency
 64-2    assets of a deceased, disabled, or insolvent property and casualty
 64-3    agent.  An emergency license is valid for 90 days in any 12
 64-4    consecutive months and may be renewed by the department for an
 64-5    additional 90 days during the 12-month period if the other
 64-6    requirements of this subchapter are met.
 64-7          Sec. 6.  LIMITED PROPERTY AND CASUALTY LICENSE.  (a)  A
 64-8    limited property and casualty license is required for each person
 64-9    who desires to act as an agent writing:
64-10                (1)  job protection insurance as defined by Article
64-11    25.01 of this code;
64-12                (2)  insurance only on growing crops under Article
64-13    21.14-2 of this code;
64-14                (3)  any form of insurance authorized under Chapter 16
64-15    of this code for a farm mutual insurance company;
64-16                (4)  exclusively all forms of insurance authorized to
64-17    be solicited and written in this state that cover the ownership,
64-18    operation, maintenance, or use of a motor vehicle that is designed
64-19    for use on the public highways, including a trailer or semitrailer,
64-20    and the motor vehicle's accessories or equipment;
64-21                (5)  exclusively all forms of insurance authorized to
64-22    be solicited and written in this state that relate to the
64-23    ownership, occupancy, maintenance, or use of a manufactured home
64-24    that is classified as personal property under Section 2.001,
64-25    Property Code;
64-26                (6)  prepaid legal services contracts under Article
64-27    5.13-1 or Chapter 23 of this code;
 65-1                (7)  only industrial fire insurance policies covering
 65-2    dwellings, household goods, and wearing apparel written on a
 65-3    weekly, monthly, or quarterly basis on a continuous premium payment
 65-4    plan and written for an insurance company whose business is devoted
 65-5    exclusively to that business as described by Article 17.02 of this
 65-6    code;
 65-7                (8)  credit insurance, except as otherwise provided by
 65-8    Article 21.09 of this code; or
 65-9                (9)  any other type of insurance as required by the
65-10    commissioner for the protection of the insurance consumers of this
65-11    state.
65-12          (b)  Subsection (a)(2) of this section applies to a
65-13    production credit association or bank for a cooperative, as
65-14    provided under the farm credit system under 12 U.S.C. 2001 et seq.,
65-15    as amended.
65-16          (c)  A person who holds a limited property and casualty
65-17    license issued under this subchapter may write only the types of
65-18    insurance products designated on the license by the department.
65-19          (d)  This section does not apply to a person who wrote:
65-20                (1)  policies, authorized under Chapter 16 of this code
65-21    for a farm mutual insurance company, that generated, in the
65-22    aggregate, less than $50,000 in direct premium for the previous
65-23    calendar year; or
65-24                (2)  industrial fire insurance policies that generated,
65-25    in the aggregate, less than $20,000 in direct premium for the
65-26    previous calendar year.
65-27          Sec. 7.  FULL-TIME HOME OFFICE EMPLOYEES:  MANDATORY
 66-1    REGISTRATION, CONTINUING EDUCATION REQUIREMENTS, AND NOTIFICATION
 66-2    TO CONSUMERS; DISCIPLINARY ACTIONS.  (a)  Each actual full-time
 66-3    home office salaried employee of an insurance carrier licensed to
 66-4    do business in this state  who solicits or receives an application
 66-5    for the sale of insurance through an oral, written, or electronic
 66-6    communication shall register with the department.
 66-7          (b)  An insurance carrier licensed to do business in this
 66-8    state whose general plan of operation includes the use of employees
 66-9    described by Subsection (a) of this section shall certify to the
66-10    department that each of those employees receives at least 15 hours
66-11    of continuing education annually.  Each continuing education course
66-12    provided by the insurance carrier shall be submitted to the
66-13    department for approval as provided by Section 3, Article 21.01-1,
66-14    of this code.  A person registered under this section shall comply
66-15    with the continuing education requirements adopted under Section 3,
66-16    Article 21.01-1, of this code, as if the person were a licensed
66-17    agent.  The continuing education must be  designed to give the
66-18    employee:
66-19                (1)  reasonable familiarity with:
66-20                      (A)  the broad principles of insurance;
66-21                      (B)  insurance licensing and regulatory laws; and
66-22                      (C)  the terms and conditions of the insurance
66-23    that the registrant transacts; and
66-24                (2)  a fair and general understanding of the duties of
66-25    an insurer to an insured, including training in ethical
66-26    considerations.
66-27          (c)  The registration of an actual full-time home office
 67-1    salaried employee shall be suspended and the employer insurance
 67-2    carrier may be disciplined for any act for which an agent may be
 67-3    disciplined under Article 21.01-2 of this code.
 67-4          (d)  Each registrant under this section shall disclose the
 67-5    fact of the registration when making an oral, written, or
 67-6    electronic communication to solicit or receive an application for
 67-7    the sale of insurance.
 67-8          (e)  Each person who registers under this section shall
 67-9    submit a nonrefundable registration fee in an amount determined by
67-10    the department.
67-11          Sec. 8.  INSURANCE SERVICE REPRESENTATIVE LICENSE. (a)  An
67-12    insurance service representative license is required for each
67-13    person who is employed on a salaried basis to perform assigned
67-14    duties only in the office of a property and casualty agent,
67-15    including explaining insurance coverage, describing an insurance
67-16    product, quoting insurance premium rates, and issuing insurance
67-17    binders only with the express approval of the property and casualty
67-18    agent who supervises the insurance service representative.
67-19          (b)  The provisions of this subchapter that apply to a
67-20    general license apply to a license issued under this section,
67-21    except that proof of financial responsibility is not required of a
67-22    person licensed only as an insurance service representative.
67-23          Sec. 9.  COUNTY MUTUAL AGENT LICENSE. (a)  The department
67-24    shall issue a license to act as an agent for a county mutual
67-25    insurance company under Chapter 17 of this code to an individual
67-26    applicant after receiving certification from the insurance company
67-27    that the applicant has:
 68-1                (1)  completed a course of study and instruction on
 68-2    motor vehicle insurance and insurance covering dwellings offered by
 68-3    the insurance company; and
 68-4                (2)  passed without aid a written examination
 68-5    administered by the insurance company.
 68-6          (b)  The course completed under Subsection (a) of this
 68-7    section must be at least a five-hour course and must include
 68-8    instruction on:
 68-9                (1)  the policies to be sold; and
68-10                (2)  the laws relating to the regulation of insurance
68-11    in this state.
68-12          (c)  The commissioner shall authorize a county mutual
68-13    insurance company to administer an agent examination as provided by
68-14    Subsection (a) of this section after approval by the commissioner
68-15    of a complete outline and explanation of the course of study and
68-16    instruction and the nature and manner of conducting the examination
68-17    for applicants. The commissioner shall prescribe a uniform
68-18    examination for applicants that fairly addresses the information
68-19    contained in the approved course of study and instruction.
68-20          (d)  The department may investigate as necessary the manner
68-21    of instruction and the examination administered by an insurance
68-22    company under this section. The department may withdraw from an
68-23    insurance company the authority under this section to offer
68-24    instruction and administer an examination.
68-25          (e)  Except as specifically provided by this section, the
68-26    provisions of this subchapter that apply to a limited license apply
68-27    to a license issued under this section.  [LICENSING OF LOCAL
 69-1    RECORDING AGENTS AND SOLICITORS; LIFE, HEALTH AND ACCIDENT
 69-2    INSURANCE EXCEPTED; OTHER EXCEPTIONS]
 69-3          [Sec. 1.  CLASSES OF AGENTS.  Insurance agents, as that term
 69-4    is defined in the laws of this State, shall for the purpose of this
 69-5    article be divided into two classes:  Local Recording Agents and
 69-6    Solicitors.]
 69-7          [Sec. 2.  DEFINITIONS; CERTAIN ORDERS, SOCIETIES OR
 69-8    ASSOCIATIONS NOT AFFECTED.  (a)  In this article:]
 69-9                [(1)  "Local Recording Agent" means a person or firm
69-10    engaged in soliciting and writing insurance, being authorized by an
69-11    insurance company or insurance carrier, including fidelity and
69-12    surety companies, to solicit business and to write, sign, execute,
69-13    and deliver policies of insurance, and to bind companies on
69-14    insurance risks, and who maintain an office and a record of such
69-15    business and the transactions which are involved, who collect
69-16    premiums on such business and otherwise perform the customary
69-17    duties of a local recording agent representing an insurance carrier
69-18    in its relation with the public; or a person or firm engaged in
69-19    soliciting and writing insurance, being authorized by an insurance
69-20    company or insurance carrier, including fidelity and surety
69-21    companies, to solicit business, and to forward applications for
69-22    insurance to the home office of the insurance companies and
69-23    insurance carriers, where the insurance company's and insurance
69-24    carrier's general plan of operation in this State provides for the
69-25    appointment and compensation of agents for insurance and for the
69-26    execution of policies of insurance by the home office of the
69-27    insurance company or insurance carrier, or by a supervisory office
 70-1    of such insurance company or insurance carrier, and who maintain an
 70-2    office and a record of such business and the transactions which are
 70-3    involved, and who collect premiums on such business and otherwise
 70-4    qualify and perform the customary duties of a local recording agent
 70-5    representing an insurance carrier in its relation with the public.] 
 70-6                [(2)  "Solicitor" means a person who is a bona fide
 70-7    solicitor and engaged in the business of soliciting and binding
 70-8    insurance risks on behalf of a local recording agent, and who
 70-9    offices with such local recording agent, and who does not sign and
70-10    execute policies of insurance, and who does not maintain company
70-11    records of such transactions.  This shall not be construed to make
70-12    a solicitor of a local recording agent, who places business of a
70-13    class which the rules of the company or carrier require to be
70-14    placed on application or to be written in a supervisory office. A
70-15    solicitor may bind insurance risks only with the express prior
70-16    approval of the local recording agent for whom the solicitor works.]
70-17                [(3)  "Board" means the State Board of Insurance.]
70-18                [(4)  "Company" or "Carrier" means any insurance
70-19    company, corporation, inter-insurance exchange, mutual, reciprocal,
70-20    association, Lloyds or other insurance carrier licensed to transact
70-21    business in the State of Texas other than as excepted herein.]
70-22                [(5)  "Insurance service representative" means a
70-23    solicitor employed on a salaried basis who performs assigned duties
70-24    only within the office of a local recording agent, which may
70-25    include binding insurance risks, but only with the express prior
70-26    approval of the local recording agent for whom the representative
70-27    works.]
 71-1          [(b)  Nothing contained in this article shall be so construed
 71-2    as to affect or apply to orders, societies, or associations which
 71-3    admit to membership only persons engaged in one or more crafts or
 71-4    hazardous occupations in the same or similar lines of business, and
 71-5    the ladies' societies, or ladies' auxiliary to such orders,
 71-6    societies or associations, or any secretary of a Labor Union or
 71-7    organization, or any secretary or agent of any fraternal benefit
 71-8    society, which does not operate at a profit, except that a person
 71-9    who has had a license revoked under Section 16 of this article may
71-10    not solicit or otherwise transact business under Chapter 10 of this
71-11    code.]
71-12          [Sec. 3.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
71-13    ISSUED.  (a)  When any person, partnership, registered limited
71-14    liability partnership, limited liability company, corporation, or
71-15    bank shall desire to engage in business as a local recording agent
71-16    for an insurance company, or insurance carrier, that person or
71-17    entity shall make application for a license to the Texas Department
71-18    of Insurance, in such form as the Department may require.  Such
71-19    application shall bear a signed endorsement by a general, state or
71-20    special agent of a qualified insurance company, or insurance
71-21    carrier that applicant or each member of the partnership or each
71-22    stockholder of the corporation or each member of the limited
71-23    liability company is a resident of this state.]
71-24          [(b)  The Department shall issue a license to an individual
71-25    or a general partnership or a limited liability partnership
71-26    registered with the Secretary of State under Section 3.08, Texas
71-27    Revised Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
 72-1    Statutes), engaging in the business of insurance.  The Department
 72-2    may not issue a license to a partnership if an inactive partner who
 72-3    is not subject to Section 3a of this article has an interest in the
 72-4    partnership principally to have written and be compensated therefor
 72-5    for insurance on property controlled through ownership, mortgage or
 72-6    sale, family relationship, or employment; and provided further,
 72-7    that all licensed agents must be residents of Texas.  Provided,
 72-8    that a person who resides in a town through which the state line
 72-9    runs and whose residence is in the town in the adjoining state may
72-10    be licensed, if the person's business office is being maintained in
72-11    this state.  All persons acting as agent or solicitor for health
72-12    and accident insurance within the provisions hereof, and who
72-13    represent only fire and casualty companies, and not life insurance
72-14    companies, shall be required to procure only one license, and such
72-15    license as is required under the provisions of this article.]
72-16          [(c)  The Department shall issue a license to a corporation
72-17    if the Department finds:]
72-18                [(1)  That the corporation is a Texas corporation
72-19    organized or existing under the Texas Business Corporation Act or
72-20    the Texas Professional Corporation Act having its principal place
72-21    of business in the State of Texas and having as one of its purposes
72-22    the authority to act as a local recording agent; and]
72-23                [(2)  That every officer, director and shareholder of
72-24    the corporation is individually licensed as a local recording agent
72-25    under the provisions of this Insurance Code, except as may be
72-26    otherwise permitted by this Section or Section 3a of this article,
72-27    or that every officer and director of the corporation is
 73-1    individually licensed as a local recording agent under this
 73-2    Insurance Code, that the corporation is a wholly owned subsidiary
 73-3    of a parent corporation that is licensed as a local recording agent
 73-4    under this Insurance Code, and that every shareholder of the parent
 73-5    corporation is individually licensed as a local recording agent
 73-6    under this Insurance Code, and except as specifically provided by
 73-7    this article, that no shareholder of the corporation is a corporate
 73-8    entity; and]
 73-9                [(3)  That such corporation will have the ability to
73-10    pay any sums up to $25,000 which it might become legally obligated
73-11    to pay on account of any claim made against it by any customer and
73-12    caused by any negligent act, error or omission of the corporation
73-13    or any person for whose acts the corporation is legally liable in
73-14    the conduct of its business as a local recording agent.  The term
73-15    "customer" as used herein shall mean any person, firm or
73-16    corporation to whom such corporation sells or attempts to sell a
73-17    policy of insurance, or from whom such corporation accepts an
73-18    application for insurance.  Such ability shall be proven in one of
73-19    the following ways:]
73-20                      [(A)  An errors and omissions policy insuring
73-21    such corporation against errors and omissions, in at least the sum
73-22    of $100,000 with no more than a $10,000 deductible feature or the
73-23    sum of at least $300,000 with no more than a $25,000 deductible
73-24    feature, issued by an insurance company licensed to do business in
73-25    the State of Texas or, if a policy cannot be obtained from a
73-26    company licensed to do business in Texas, a policy issued by a
73-27    company not licensed to do business in Texas, on filing an
 74-1    affidavit with the Texas Department of Insurance stating the
 74-2    inability to obtain coverage and receiving the Department's
 74-3    approval; or]
 74-4                      [(B)  A bond executed by such corporation as
 74-5    principal and a surety company authorized to do business in this
 74-6    state, as surety, in the principal sum of $25,000, payable to the
 74-7    Texas Department of Insurance for the use and benefit of customers
 74-8    of such corporation, conditioned that such corporation shall pay
 74-9    any final judgment recovered against it by any customer; or]
74-10                      [(C)  A deposit of cash or securities of the
74-11    class authorized by Articles 2.08 and 2.10 of this Code, having a
74-12    fair market value of $25,000 with the comptroller. The comptroller
74-13    is hereby authorized and directed to accept and receive such
74-14    deposit and hold it exclusively for the protection of any customer
74-15    of such corporation recovering a final judgment against such
74-16    corporation.  Such deposit may be withdrawn only upon filing with
74-17    the Department evidence satisfactory to it that the corporation has
74-18    withdrawn from business, and has no unsecured liabilities
74-19    outstanding, or that such corporation has provided for the
74-20    protection of its customers by furnishing an errors and omissions
74-21    policy or a bond as hereinbefore provided.  Securities so deposited
74-22    may be exchanged from time to time for other qualified securities.] 
74-23                [A binding commitment to issue such a policy or bond,
74-24    or the tender of such securities, shall be sufficient in connection
74-25    with any application for license.]
74-26                [Nothing contained herein shall be construed to permit
74-27    any unlicensed employee or agent of any corporation to perform any
 75-1    act of a local recording agent without obtaining a local recording
 75-2    agent's license.  The Department shall not require a corporation to
 75-3    take the examination provided in Section 6 of this Article 21.14.]
 75-4                [If at any time, any corporation holding a local
 75-5    recording agent's license does not maintain the qualifications
 75-6    necessary to obtain a license, the license of such corporation to
 75-7    act as a local recording agent shall be cancelled or denied in
 75-8    accordance with the provisions of Sections 16, 17 and 18 of this
 75-9    Article 21.14;  provided, however, that should any person who is
75-10    not a licensed local recording agent acquire shares in such a
75-11    corporation by devise or descent, they shall have a period of 90
75-12    days from date of acquisition within which to obtain a license as a
75-13    local recording agent or to dispose of the shares to a licensed
75-14    local recording agent except as may be permitted by Section 3a of
75-15    this article.]
75-16                [Should such an unlicensed person, except as may be
75-17    permitted by Section 3a of this article, acquire shares in such a
75-18    corporation and not dispose of them within said period of 90 days
75-19    to a licensed local recording agent, then they must be purchased by
75-20    the corporation for their book value, that is, the value of said
75-21    shares of stock as reflected by the regular books and records of
75-22    said corporation, as of the date of the acquisition of said shares
75-23    by said unlicensed person.  Should the corporation fail or refuse
75-24    to so purchase such shares, its license shall be cancelled.]
75-25                [Any such corporation shall have the power to redeem
75-26    the shares of any shareholder, or the shares of a deceased
75-27    shareholder, upon such terms as may be agreed upon by the Board of
 76-1    Directors and such shareholder or his personal representative, or
 76-2    at such price and upon such terms as may be provided in the
 76-3    Articles of Incorporation, the Bylaws, or an existing contract
 76-4    entered into between the shareholders of the corporation.]
 76-5                [Each corporation licensed as a local recording agent
 76-6    shall file, under oath, a list of the names and addresses of all of
 76-7    its officers, directors and shareholders with its application for
 76-8    renewal license.]
 76-9                [Each corporation licensed as a local recording agent
76-10    shall notify the Texas Department of Insurance upon any change in
76-11    its officers, directors or shareholders not later than the 30th day
76-12    after the date on which the change became effective.]
76-13                [The term "firm" as it applies to local recording
76-14    agents in Sections 2, 12 and 16 of this Article 21.14 shall be
76-15    construed to include corporations.]
76-16          [(d)  The department shall issue a license to a bank if the
76-17    department finds that:]
76-18                [(1)  the bank is a national banking association
76-19    organized and existing under the National Bank Acts (12 U.S.C.
76-20    Section 21 et seq.), a state bank organized and existing under
76-21    Subtitle A, Title 3, Finance Code, a state savings bank organized
76-22    and existing under Subtitle C, Title 3, Finance Code, or a bank
76-23    operating subsidiary, as defined by state or federal law, that is
76-24    located and doing business in this state in a place with a
76-25    population of 5,000 or less;]
76-26                [(2)  at least one officer of the bank and each
76-27    individual who will be performing any acts of an agent for the bank
 77-1    are individually licensed under this Article; and]
 77-2                [(3)  the bank will have the ability to pay any sums up
 77-3    to $25,000 that it might become legally obligated to pay on account
 77-4    of any claim made against it by a customer and caused by a
 77-5    negligent act, error, or omission of the bank or any person for
 77-6    whose acts the bank is legally liable in the conduct of its
 77-7    business as a local recording agent.  The term "customer" means any
 77-8    person, firm, or corporation to whom the bank sells or attempts to
 77-9    sell a policy of insurance or from whom the bank accepts an
77-10    application for insurance.  That ability shall be proven through:]
77-11                      [(A)  an errors and omissions policy insuring the
77-12    bank against errors and omissions, in at least the sum of $100,000
77-13    with not more than a $10,000 deductible feature, or the sum of at
77-14    least $300,000 with not more than a $25,000 deductible feature,
77-15    issued by an insurance company licensed to do business in this
77-16    state or, if a policy cannot be obtained from a company licensed to
77-17    do business in this state, a policy issued by a company not
77-18    licensed to do business in this state, on filing an affidavit with
77-19    the department stating the inability to obtain coverage and
77-20    receiving the department's approval;]
77-21                      [(B)  a bond executed by the bank as principal
77-22    and a surety company authorized to do business in this state, as
77-23    surety, in the principal sum of $25,000, payable to the department
77-24    for the use and benefit of customers of the bank, conditioned that
77-25    the bank shall pay any final judgment recovered against it by a
77-26    customer; or]
77-27                      [(C)  a deposit with the comptroller of cash or
 78-1    securities of the class authorized by Articles 2.08 and 2.10 of
 78-2    this code, with a fair market value of $25,000. The comptroller
 78-3    shall accept and receive the deposit and hold it exclusively for
 78-4    the protection of a customer of the bank who recovers a final
 78-5    judgment against the bank.  The deposit may be withdrawn only on
 78-6    filing with the department satisfactory evidence that the bank has
 78-7    withdrawn from the business of insurance and has no unsecured
 78-8    liabilities outstanding or that the bank has provided for the
 78-9    protection of its customers by furnishing an errors and omissions
78-10    policy or a bond as provided by this subsection.  Securities so
78-11    deposited may be exchanged from time to time for other qualified
78-12    securities.]
78-13                [A binding commitment to issue such a policy or bond,
78-14    or the tender of applicable securities, is sufficient in connection
78-15    with an application for license.]
78-16                [Nothing in this subsection shall be construed to
78-17    permit an unlicensed employee or agent of a bank to perform any act
78-18    of a local recording agent without obtaining a local recording
78-19    agent's license.  The department may not require a bank to take the
78-20    examination provided by Section 6 of this Article.]
78-21                [A bank licensed as an agent under this Article may
78-22    have additional offices from which the business of insurance is
78-23    conducted only in a place with a population of 5,000 or less and
78-24    must comply with the department's regulations regarding additional
78-25    offices.]
78-26                [A bank licensed as an agent under this article must
78-27    maintain its insurance records, including all files relating to and
 79-1    reflecting customer complaints, separate from records relating to
 79-2    banking transactions of the bank.]
 79-3                [If a bank that holds a local recording agent's license
 79-4    does not maintain the qualifications necessary to obtain a license,
 79-5    the license of that bank to act as a local recording agent shall be
 79-6    canceled or denied in accordance with Sections 16 and 18 of this
 79-7    article.]
 79-8                [Each bank licensed as a local recording agent shall
 79-9    file under oath with its application for license renewal a list of
79-10    the name and address of each individual who will be acting as an
79-11    agent on behalf of the bank and of each officer and director of the
79-12    bank, as defined by Article 21.02 of this code, and other
79-13    biographical information as required by the department.]
79-14                [Each bank licensed as a local recording agent shall
79-15    notify the department of any change in its officers and directors
79-16    and any change in other persons who will be performing any acts of
79-17    an agent, as defined by Article 21.02 of this code, and submit
79-18    biographical information on those officers, directors, and persons
79-19    as required by the department not later than the 30th day after the
79-20    date on which the change takes effect.]
79-21                [The term "firm," as that term applies to local
79-22    recording agents in Sections 2, 12, and 16 of this article,
79-23    includes corporations and banks.]
79-24          [(e)  The term "partnership" or "agency partnership" as used
79-25    in this Article means a general partnership or a registered limited
79-26    liability partnership domiciled in Texas.]
79-27          [(f)  In this Article, the term "corporation" or
 80-1    "corporations" shall mean a corporation organized under the Texas
 80-2    Business Corporation Act, The Texas Professional Corporation Act
 80-3    (Article 1528e, Vernon's Texas Civil Statutes), or a Texas
 80-4    domiciled limited liability company organized or existing under the
 80-5    Texas Limited Liability Company Act (Article 1528n, Vernon's Texas
 80-6    Civil Statutes) having its principal place of business in this
 80-7    state and having as one of its purposes the authority to act as an
 80-8    insurance agent.  Each officer, manager, and member of a limited
 80-9    liability company must be licensed under this Article.  The
80-10    licensing and regulation of a limited liability company shall be
80-11    subject to the same provisions and requirements of this Article
80-12    that are applicable to corporations licensed under this Article.]
80-13          [(g)  In this article, the term "bank" means a national
80-14    banking association organized and existing under the National Bank
80-15    Acts (12 U.S.C. Section 21 et seq.), a state bank organized and
80-16    existing under Subtitle A, Title 3, Finance Code, a state savings
80-17    bank organized and existing under Subtitle C, Title 3, Finance
80-18    Code, a bank branch, or a bank operating subsidiary, as defined by
80-19    state or federal law, that is located and doing business in this
80-20    state in a place with a population of 5,000 or less.  A bank
80-21    operating subsidiary, as defined by state or federal law, located
80-22    and doing business in a place in this state with a population of
80-23    5,000 or less may own a licensed corporate agent that is also
80-24    located and doing business in a place with a population of 5,000 or
80-25    less, and is subject to Section 3a(5) of this Article.]
80-26          [Sec. 3a.  PERSONS OTHER THAN LICENSED LOCAL RECORDING AGENTS
80-27    WHO MAY SHARE IN PROFITS OF LOCAL RECORDING AGENT.  (1)  Upon the
 81-1    death of a duly licensed local recording agent who is a member of
 81-2    an agency partnership, the surviving spouse and children, if any,
 81-3    of such deceased partner, or a trust for such surviving spouse and
 81-4    children, may share in the profits of such agency partnership
 81-5    during the lifetime of such surviving spouse or such children, as
 81-6    the case may be, if and as provided by a written partnership
 81-7    agreement, or in the absence of any written agreement, if and as
 81-8    agreed by the surviving partner or partners and the surviving
 81-9    spouse, the trustee, and the legal representative of the surviving
81-10    child or children.  Such surviving spouse and any such surviving
81-11    children or trusts shall not be required to qualify as local
81-12    recording agents to participate in such profits, but shall not do
81-13    or perform any act of a local recording agent on behalf of such
81-14    partnership without having qualified as a local recording agent;
81-15    provided, however, that a duly licensed local recording agent who
81-16    is a member of an agency partnership may, with the approval of the
81-17    other members of the partnership, transfer an interest in the
81-18    agency partnership to his children or a trust for same, and may
81-19    operate such interest for their use and benefit; and such children
81-20    or trusts may share in the profits of such agency partnership.
81-21    Such child or children or trusts shall not be required to qualify
81-22    as a local recording agent to participate in such profits, but
81-23    shall not do or perform any act of a local recording agent on
81-24    behalf of such partnership without having qualified as a local
81-25    recording agent.]
81-26          [(2)  Upon the death of a duly licensed local recording
81-27    agent, who is a sole proprietorship, unless otherwise provided by
 82-1    the last will of such deceased agent, the surviving spouse and
 82-2    children, if any, of such deceased agent, or a trust for such
 82-3    spouse or children, may share in the profits of the continuance of
 82-4    the agency business of said deceased agent, provided such agency
 82-5    business is continued by a duly licensed local recording agent.
 82-6    Said surviving spouse, trusts or children, may participate in such
 82-7    profits during the lifetime of such surviving spouse and said
 82-8    children.  Said surviving spouse, trusts or children shall not be
 82-9    required to qualify as local recording agents in order to
82-10    participate in the profits of such agency, but shall not do or
82-11    perform any act of a local recording agent in connection with the
82-12    continuance of such agency business without first having been duly
82-13    licensed as a local recording agent;  provided, however, that a
82-14    duly licensed local recording agent who is a sole proprietorship
82-15    may transfer an interest in his agency to his children, or a trust
82-16    for same, and may operate such interest for their use and benefit;
82-17    and such children may share in the profits of such local recording
82-18    agency during their lifetime, and during such time shall not be
82-19    required to qualify as a local recording agent in order to
82-20    participate in such profits, but shall not do or perform any act of
82-21    a local recording agent in connection with such agency business
82-22    without first having been duly licensed as a local recording agent.]
82-23          [(3)  Upon the death of a shareholder in a corporate licensed
82-24    local recording agency, the surviving spouse and children, if any,
82-25    of such deceased shareholder, or a trust for such surviving spouse
82-26    and children, may share in the profits of such corporate agency
82-27    during the lifetime of such surviving spouse or children, as the
 83-1    case may be, if and as provided by a contract entered into by and
 83-2    between all of the shareholders and the corporation.  Any such
 83-3    surviving spouse, surviving children, or trusts shall not be
 83-4    required to individually qualify as a local recording agent in
 83-5    order to participate in such profits, but shall not do or perform
 83-6    any act of a local recording agency on behalf of such corporation
 83-7    without having qualified as a local recording agent; provided,
 83-8    however, that a shareholder in a corporate licensed local recording
 83-9    agent, may, if provided by a contract entered into by and between
83-10    all of the shareholders and the corporation, transfer an interest
83-11    in the agency to his children or a trust for same, and such
83-12    children or trusts may share in the profits of such agency to the
83-13    extent of such interest during their lifetime.  Such children or
83-14    trusts shall not be required to qualify as a local recording agent
83-15    to participate in such profits, but shall not do or perform any act
83-16    of a local recording agent on behalf of such corporation without
83-17    having qualified as a local recording agent.]
83-18          [(4)  Except as provided in Subsections (1), (2), and (3)
83-19    above, and as may be provided in Section 6a, Article 21.14 of the
83-20    Insurance Code, no person shall be entitled to perform any act of a
83-21    local recording agent nor in any way participate as a partner or
83-22    corporate shareholder in the profits of any local recording agent,
83-23    without first having qualified as a duly licensed local recording
83-24    agent and having successfully passed the examination required by
83-25    the Insurance Code;  provided, however, that all persons, or trusts
83-26    for any person, that received licenses before March 1, 1963, as
83-27    silent, inactive, or non-active partners, or who are silent,
 84-1    inactive, or non-active partners in an agency which was so
 84-2    qualified before such date, shall continue to receive licenses, or
 84-3    renewals thereof, as partners in such agency or in any successor
 84-4    agency, providing: (a) that such persons are members of an agency
 84-5    in which there is at least one partner who has qualified as a duly
 84-6    licensed local recording agent;  (b) that such non-active partner
 84-7    or partners do not actively solicit insurance; and (c) that such
 84-8    agency is not a limited partnership.]
 84-9          [(5)  Notwithstanding any provision of this article or this
84-10    code to the contrary, a bank located and doing business in a place
84-11    with a population of 5,000 or less that owns a licensed bank
84-12    operating subsidiary, as defined by state or federal law, that is
84-13    also located and doing business in a place with a population of
84-14    5,000 or less may receive profits from the licensed bank operating
84-15    subsidiary.  To advertise under the bank name or participate in the
84-16    insurance operation other than by receiving profits from the
84-17    insurance business, the bank must hold an agent license.  Nothing
84-18    in this section permits a bank or any affiliate to pay commissions
84-19    or other valuable consideration to any nonlicensed employees, and a
84-20    bank may not pay, credit, or otherwise reward particular
84-21    nonlicensed units or geographic locations of the bank or any of its
84-22    affiliates with a portion of the commission.]
84-23          [Sec. 4.  ACTING WITHOUT LICENSE FORBIDDEN.  (a)  It shall be
84-24    unlawful for any person, firm, partnership, corporation or bank, or
84-25    any partner, officer, director, employee, or shareholder of a
84-26    corporation, or any officer, director, or employee of a bank to act
84-27    as a local recording agent or solicitor in procuring business for
 85-1    any insurance company, corporation, interinsurance exchange,
 85-2    mutual, reciprocal, association, Lloyds or other insurance carrier,
 85-3    until that person or entity shall have in force the license
 85-4    provided for herein.]
 85-5          [(b)  No insurer doing business in this state shall pay
 85-6    directly or indirectly any commission, or other valuable
 85-7    consideration, to any person, firm, partnership, corporation, or
 85-8    bank for services as a local recording agent within this state,
 85-9    unless such person, firm, partnership, corporation, or bank shall
85-10    hold a currently valid license and appointment to act as a local
85-11    recording agent as required by the laws of this state;  nor shall
85-12    any person, firm, partnership, corporation, or bank other than a
85-13    duly licensed and appointed local recording agent accept any such
85-14    commission or other valuable consideration;  provided, however,
85-15    that nothing contained in this subsection shall prohibit an
85-16    assigned risk pool or assigned risk plan, duly authorized to
85-17    operate by the laws of this state, from paying commissions, or
85-18    other valuable consideration, to a duly licensed person, firm,
85-19    partnership, corporation, or bank for services as a local recording
85-20    agent.]
85-21          [(c)  No licensed local recording agent, managing general
85-22    agent, or surplus lines agent doing business in this state shall
85-23    pay directly or indirectly any commission, or other valuable
85-24    consideration, to any person, firm, partnership, corporation, or
85-25    bank for services as a local recording agent within this state,
85-26    unless such person, firm, partnership, corporation, or bank shall
85-27    hold a currently valid license to act as a local recording agent as
 86-1    required by the laws of this state;  nor shall any person, firm,
 86-2    partnership, corporation, or bank other than a duly licensed local
 86-3    recording agent accept any such commission or other valuable
 86-4    consideration.]
 86-5          [(d)  No local recording agent doing business in this state
 86-6    shall pay directly or indirectly any commission, or other valuable
 86-7    consideration, to any person for services as a solicitor within
 86-8    this state, unless such person shall hold a currently valid license
 86-9    and appointment to act as a solicitor for such local recording
86-10    agent as required by the laws of this state;  nor shall any person
86-11    other than a duly licensed and appointed solicitor accept any such
86-12    commission or other valuable consideration.]
86-13          [Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.
86-14    No license shall be granted to any person, firm, partnership,
86-15    corporation, or bank as a local recording agent or to a person as a
86-16    solicitor, for the purpose of writing any form of insurance, unless
86-17    it is found by the department that such person, firm, partnership,
86-18    corporation, or bank is or intends to be, actively engaged in the
86-19    soliciting or writing of insurance for the public generally; that
86-20    each person or individual of a firm is a resident of Texas and is
86-21    to be actively engaged in good faith in the business of insurance,
86-22    and that the application is not being made in order to evade the
86-23    laws against rebating and discrimination either for the applicant
86-24    or for some other person, firm, partnership, corporation, or bank.
86-25    Nothing herein contained shall prohibit an applicant insuring
86-26    property which the applicant owns or in which the applicant has an
86-27    interest; but it is the intent of this Section to prohibit coercion
 87-1    of insurance and to preserve to each citizen the right to choose
 87-2    that individual's own agent or insurance carrier, and to prohibit
 87-3    the licensing of an individual, firm, partnership, corporation, or
 87-4    bank to engage in the insurance business principally to handle
 87-5    business which the applicant controls only through ownership,
 87-6    mortgage or sale, family relationship or employment, which shall be
 87-7    taken to mean that an applicant who is making an original
 87-8    application for license shall show the department that the
 87-9    applicant has a bona fide intention to engage in business in which,
87-10    in any calendar year, at least twenty-five per cent (25%) of the
87-11    total volume of premiums shall be derived from persons or
87-12    organizations other than applicant and from property other than
87-13    that on which the applicant shall control the placing of insurance
87-14    through ownership, mortgage, sale, family relationship or
87-15    employment.  Nothing herein contained shall be construed to
87-16    authorize a partnership, corporation, or bank to receive a license
87-17    as a solicitor.]
87-18          [Sec. 5a.  REQUIREMENTS AS TO KNOWLEDGE OR INSTRUCTION FOR
87-19    LOCAL RECORDING AGENT'S LICENSE.  (a)  Every applicant for local
87-20    recording agent's license from and after October 1, 1971, shall
87-21    upon the successful passage of the examination for local recording
87-22    agent's license as promulgated by the State Board of Insurance
87-23    pursuant to the provisions of this Article 21.14 be issued a
87-24    temporary local recording agent's license.  The holder of a
87-25    temporary local recording agent's license shall have the same
87-26    authority and be subject to the same provisions of the law as local
87-27    recording agents until such temporary license shall expire.  Each
 88-1    such temporary license so issued shall expire upon the happening of
 88-2    any one of the following, whichever shall first occur, to wit:]
 88-3                [(i)  The issuance of a local recording agent's license
 88-4    to such person;]
 88-5                [(ii)  One year from date of issuance of the temporary
 88-6    local recording agent's license.]
 88-7          [Each such person receiving a temporary license as set out
 88-8    above shall within one (1) year from the issue date of such
 88-9    temporary license complete to the satisfaction of the State Board
88-10    of Insurance one of the following courses of study:]
88-11                [(i)  Classroom courses in insurance satisfactory to
88-12    the State Board of Insurance at a school, college, junior college
88-13    or extension thereof; or]
88-14                [(ii)  An insurance company or agents' association
88-15    school approved by the State Board of Insurance; or]
88-16                [(iii)  A correspondence course in insurance approved
88-17    by the State Board of Insurance.]
88-18          [Upon the successful completion of any one of the above
88-19    courses of study within the one year period, the temporary agent
88-20    shall then be entitled to receive from the State Board of Insurance
88-21    his local recording agent's license.]
88-22          [(b)  Provided, however, none of the provisions of this
88-23    section shall apply to the following:]
88-24                [(1)  To any person holding a license as a local
88-25    recording agent upon the effective date of this Act.]
88-26                [(2)  To any person applying for an emergency local
88-27    recording agent's license under the provisions of Section 6a of
 89-1    Article 21.14 of the Insurance Code of Texas.]
 89-2                [(3)  To any person who holds the designation Chartered
 89-3    Property and Casualty Underwriter (C.P.C.U.) from the American
 89-4    Institute for C.P.C.U., the designation Certified Insurance
 89-5    Counselor (C.I.C.) from the national Society of Certified Insurance
 89-6    Counselors, or the designation Accredited Adviser in Insurance
 89-7    (A.A.I.) from the Insurance Institute of America.]
 89-8                [(4)  To any person who has a bachelor's degree from a
 89-9    four-year accredited college or university with a major in
89-10    insurance.]
89-11                [(5)  To any person who within two (2) years
89-12    immediately preceding the filing of an application was a licensed
89-13    agent in good standing in the state from which the person moved to
89-14    Texas, provided such state makes similar provision for those agents
89-15    who may move from Texas to such state.]
89-16                [(6)  To any person desiring to apply for a license to
89-17    solicit and write exclusively all forms of insurance authorized to
89-18    be solicited and written in Texas covering the ownership,
89-19    operation, maintenance or use of any motor vehicle, its accessories
89-20    and equipment, designed for use upon the public highways, including
89-21    trailers and semitrailers.  Such person shall continue to apply for
89-22    and qualify to be licensed under the other provisions of Article
89-23    21.14 of the Insurance Code of Texas.  Provided, such applicant
89-24    shall be required to take and pass, to the satisfaction of the
89-25    Texas Department of Insurance, an examination, promulgated by said
89-26    department, covering only those forms of insurance referred to in
89-27    this paragraph.  Provided, when such a person so applies and
 90-1    qualifies, the person shall be issued a license which shall contain
 90-2    on the face of said license the following language:  "Motor vehicle
 90-3    insurance only."   An agent holding such a limited license hereby
 90-4    created shall solicit only those forms of insurance hereinabove
 90-5    provided, but shall be subject to all other laws relating to local
 90-6    recording agents.]
 90-7          [(c)  There is hereby created an Agents' Education Advisory
 90-8    Board whose duties shall be to advise with and make recommendations
 90-9    to the State Board of Insurance concerning the curriculum, course
90-10    content and schools to be approved under Subsection (a) above.  The
90-11    members of said Advisory Board shall be appointed by the chairman
90-12    of the State Board of Insurance and shall serve for one year, from
90-13    September 1 to August 31, or until their successors are appointed.
90-14    Said Advisory Board shall be composed of the following persons:
90-15    Two (2) members, each of whom shall be a resident of Texas and have
90-16    a minimum of ten (10) years' experience as an executive of a fire
90-17    and casualty company doing business in Texas and whose company
90-18    operates an agents' school; two (2) members, each of whom shall be
90-19    a licensed local recording agent in Texas with a minimum of ten
90-20    (10) years' experience as an agent; and one (1) member who shall be
90-21    a teacher of insurance at a four-year accredited college or
90-22    university in Texas.  Said Advisory Board shall meet at the offices
90-23    of the State Board of Insurance upon call of the chairman of the
90-24    State Board of Insurance and the members of said Advisory Board
90-25    shall be paid out of the Recording Agents License Fund for their
90-26    actual and necessary expenses incurred in connection with their
90-27    attendance at said meetings.]
 91-1          [Sec. 5b.  CONTINUING EDUCATION.  (a)  The State Board of
 91-2    Insurance shall adopt a procedure for certifying and shall certify
 91-3    continuing education programs for agents.  Participation in the
 91-4    programs is mandatory for all agents licensed under this article.
 91-5    The State Board of Insurance shall exempt agents who have been
 91-6    licensed for 20 years or more on or after September 1, 1992, and
 91-7    shall have the rulemaking authority to provide for other reasonable
 91-8    exemptions.  No agent shall be required to complete more than 15
 91-9    hours of continuing education per year.  An agent licensed under
91-10    both Articles 21.07-1 and 21.14 of this code and any subsequent
91-11    amendments may elect to satisfy the continuing education
91-12    requirements of either article and shall not be required to
91-13    complete a total of more than 15 hours of continuing education per
91-14    year.]
91-15          [(b)  On written request of the agent, the State Board of
91-16    Insurance may extend the time for the agent to comply with the
91-17    continuing education requirements of this section or may exempt the
91-18    agent from some or all of the requirements for a licensing period
91-19    if the board finds that the agent is unable to comply with the
91-20    requirements because of illness, medical disability, or another
91-21    extenuating circumstance beyond the control of the agent.  The
91-22    criteria for such exemptions and extensions shall be established by
91-23    rule.]
91-24          [Sec. 5c.  ADVISORY COUNCIL.  (a)  An advisory council of
91-25    nine members shall be appointed by the State Board of Insurance to
91-26    furnish the Board with information and assistance in the conduct of
91-27    the continuing education program for agents licensed under Articles
 92-1    21.07-1 and 21.14.]
 92-2          [(b)  Four of the members of the advisory council must be
 92-3    representatives of the general public.  A public representative may
 92-4    not be:]
 92-5                [(1)  an officer, director, or employee of an insurance
 92-6    company, insurance agency, agent, broker, solicitor, adjuster, or
 92-7    any other business entity regulated by the State Board of
 92-8    Insurance;]
 92-9                [(2)  a person required to register with the secretary
92-10    of state under Chapter 305, Government Code; or]
92-11                [(3)  related to a person described by Subdivision (1)
92-12    or (2) of this subsection within the second degree of affinity or
92-13    consanguinity.]
92-14          [Sec. 5d.  JURISDICTION FOR CONTINUING EDUCATION.
92-15    Notwithstanding the rules or regulations of any other state agency,
92-16    the board has sole jurisdiction for all matters relating to the
92-17    continuing education of insurance agents who are licensed under
92-18    this Article.]
92-19          [Sec. 6.  EXAMINATION REQUIRED; EXCEPTIONS.  (a)  If
92-20    applicant for a local recording agent's license has not prior to
92-21    date of such application, been licensed as a local recording agent,
92-22    or if the applicant for a solicitor's license has not been licensed
92-23    as a local recording agent or as a solicitor prior to date of such
92-24    application, the Board shall require such applicant to submit to a
92-25    written examination covering all kinds of insurance or contracts,
92-26    which license if granted, will permit the applicant to solicit.]
92-27          [(b)  Any applicant for local recording agent's license who
 93-1    has prior to the date of such application been licensed as a local
 93-2    recording agent, shall be entitled to a local recording agent's
 93-3    license without examination, provided the other requirements of
 93-4    this article are met.  Any applicant for solicitor's license who
 93-5    has been licensed as a local recording agent or as a solicitor
 93-6    prior to date of such application, shall be entitled to a
 93-7    solicitor's license without an examination, provided the other
 93-8    requirements of this article are met.]
 93-9          [(c)  The Board by rule shall apply different examination
93-10    standards to a solicitor employed as an insurance service
93-11    representative than those applied to other solicitors.]
93-12          [Sec. 6a.  DEATH, DISABILITY OR INSOLVENCY; EMERGENCY LICENSE
93-13    WITHOUT EXAMINATION.  In event of death or disability of a local
93-14    recording agent or in event a local recording agent is found to be
93-15    insolvent and unable to pay for premiums coming to his hands as
93-16    such local recording agent, the Board may issue to an applicant for
93-17    local recording agent's license an emergency local recording
93-18    agent's license for a period of ninety (90) days in any twelve (12)
93-19    consecutive months and at the Board's option, an additional period
93-20    up to ninety (90) days without an examination provided the other
93-21    requirements of this article are met and if it is established to
93-22    the satisfaction of the Board that such emergency license is
93-23    necessary for the preservation of the agency assets of a deceased
93-24    or disabled local recording agent or of an insolvent local
93-25    recording agent.]
93-26          [Sec. 7.  CONDUCT OF EXAMINATIONS; NOTICE; MANUAL OF
93-27    QUESTIONS AND ANSWERS.  Unless the State Board of Insurance accepts
 94-1    a qualifying examination administered by a testing service, as
 94-2    provided under Article 21.01-1, Insurance Code, as amended, all
 94-3    examinations provided by this article shall be conducted by the
 94-4    State Board of Insurance, and shall be held not less frequently
 94-5    than one each sixty (60) days every year at times and places
 94-6    prescribed by the State Board of Insurance, of which applicants
 94-7    shall be notified by the State Board of Insurance in writing ten
 94-8    (10) days prior to the date of such examinations, and shall be
 94-9    conducted in writing in either the English or Spanish language.
94-10    Provided, further, that printed copies of a manual of questions and
94-11    answers thereto pertaining to the examination published under the
94-12    direction of the State Board of Insurance shall be made available
94-13    to all companies, general agents, and managers for the use of their
94-14    prospective agents, to all agents for the use of their prospective
94-15    solicitors in preparing for such examination.  The questions to be
94-16    asked on such examination shall be based upon the questions and
94-17    answers contained in the manual.]
94-18          [Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  Except as may be
94-19    provided by a staggered renewal system adopted under Article
94-20    21.01-2 of this code, every license issued to a local recording
94-21    agent or a solicitor shall expire two years from the date of its
94-22    issue, unless a completed application to qualify for the renewal of
94-23    any such license shall be filed with the State Board of Insurance
94-24    and a nonrefundable fee paid on or before such date, in which event
94-25    the license sought to be renewed shall continue in full force and
94-26    effect until renewed or renewal is denied.]
94-27          [Sec. 9.  FEES PAYABLE BEFORE EXAMINATION.  Unless the State
 95-1    Board of Insurance accepts a qualifying examination administered by
 95-2    a testing service, as provided under Article 21.01-1, Insurance
 95-3    Code, as amended, applicants required to be examined shall, at time
 95-4    and place of examination, pay prior to being examined the following
 95-5    fees:  For a local recording agent's license a fee in an amount not
 95-6    to exceed $50 as determined by the State Board of Insurance and for
 95-7    a solicitor's license a fee in an amount not to exceed $20 as
 95-8    determined by the State Board of Insurance.  The fees paid under
 95-9    this section shall not be returned for any reason other than
95-10    failure to appear and take the examination after the applicant has
95-11    given at least 24 hours' notice of an emergency situation to the
95-12    State Board of Insurance and received board approval.  A new fee
95-13    shall be paid before each and every examination.]
95-14          [Sec. 10.  RENEWAL FEES.  (a)  An applicant for the renewal
95-15    of a local recording agent's license shall pay, at the time the
95-16    renewal application is filed, a fee in an amount not to exceed $50
95-17    as determined by the State Board of Insurance.  An applicant for
95-18    the renewal of a solicitor's license shall pay, at the time the
95-19    renewal application is filed, a fee in an amount not to exceed $20
95-20    as determined by the State Board of Insurance.]
95-21          [Sec. 11.  ISSUANCE OF LICENSE.  (a)  Whenever the provisions
95-22    of this article have been complied with, the Board shall issue to
95-23    any applicant the license applied for where such applicant shall
95-24    have satisfactorily passed the examination prescribed by the State
95-25    Board of Insurance, and who shall possess the other qualifications
95-26    required by this article.]
95-27          [(b)  The Commissioner of Insurance shall collect in advance
 96-1    from agents requesting duplicate licenses a fee not to exceed $20.
 96-2    The State Board of Insurance shall determine the amount of the fee.]
 96-3          [Sec. 12.  NOTICE TO COMMISSIONER OF INSURANCE OF APPOINTMENT
 96-4    OF LOCAL RECORDING AGENT BY INSURANCE COMPANY.  (a)  After a person
 96-5    or firm shall be granted a license as a local recording agent in
 96-6    this state, that person or firm shall be authorized to act as such
 96-7    local recording agent in this state, only after and during the time
 96-8    such person or firm has been authorized so to do, by an insurance
 96-9    company having a permit to do business in this state; and when so
96-10    authorized each company or carrier or its general or state or
96-11    special agent making the appointment shall immediately notify the
96-12    Commissioner of Insurance, on such form as the Commissioner may
96-13    require, of the appointment. If approval of an additional
96-14    appointment is not received from the Commissioner before the eighth
96-15    day after the date on which the completed application and fee were
96-16    received by the Commissioner, the agent and the insurance company
96-17    may assume that the Commissioner approves the application, and the
96-18    agent may act for the insurance company.  The agent shall be
96-19    required to pay a nonrefundable fee of $16.00 for each appointment
96-20    applied for, which fee shall accompany the notice, and such person
96-21    or firm shall be presumed to be the agent for such company in this
96-22    state until such company or its general or state or special agent
96-23    shall have delivered written notice to the Commissioner of
96-24    Insurance that such appointment has been withdrawn.]
96-25          [(b)  Every insurance carrier shall, upon termination for
96-26    cause of the appointment of any agent, immediately file with the
96-27    State Board of Insurance a statement of the facts relative to the
 97-1    termination of the appointment and the date and cause thereof.  The
 97-2    Board shall thereupon record the termination of the appointment of
 97-3    such agent to represent such insurance carrier in this state.  The
 97-4    agent terminated for cause shall receive from the insurance carrier
 97-5    a copy of the notice sent to the State Board of Insurance.]
 97-6          [(c)  Any information, document, record or statement required
 97-7    to be made or disclosed to the Board pursuant to this Article shall
 97-8    be deemed confidential and privileged unless or until introduced as
 97-9    evidence in an administrative hearing.]
97-10          [(d)  No liability may be imposed on any insurance carrier,
97-11    its employees or agents, or any other person, acting without
97-12    malice, providing the information required to be disclosed pursuant
97-13    to this section.]
97-14          [Sec. 13.  APPLICATION FOR SOLICITOR'S LICENSE.  When any
97-15    local recording agent who has been appointed by an insurance
97-16    carrier having a permit to do business in this State shall desire
97-17    to appoint a solicitor in the operation of his business, he and a
97-18    company jointly shall make application for a license for such
97-19    solicitor to the Board of Insurance Commissioners, in such form as
97-20    the Board may require.]
97-21          [Sec. 14.  NOTICE TO INSURANCE COMMISSIONERS OF SOLICITOR'S
97-22    APPOINTMENT; AUTHORITY TO SOLICIT.  (a)  No solicitor shall be
97-23    authorized to solicit insurance until after the State Board of
97-24    Insurance shall have been notified by a local recording agent of
97-25    his appointment, and no local recording agent shall accept business
97-26    tendered by a solicitor until such local recording agent has given
97-27    notice to the State Board of Insurance of such solicitor's
 98-1    appointment as such, and until such solicitor has been licensed by
 98-2    the State Board of Insurance.  No solicitor shall have outstanding
 98-3    at any time a notification of appointment from more than one local
 98-4    recording agent, and a solicitor shall solicit insurance only in
 98-5    the name of and for the account of the local recording agent by
 98-6    whom he has been appointed.]
 98-7          [(b)  If approval of an appointment of a currently licensed
 98-8    solicitor is not received from the Commissioner before the eighth
 98-9    day after the date on which the completed application and
98-10    nonrefundable fee were received by the Commissioner, the solicitor
98-11    and local recording agent may assume that the Commissioner approves
98-12    the application, and the solicitor may act for the local recording
98-13    agent.]
98-14          [(c)  A licensed solicitor's appointment may be terminated
98-15    either by the local recording agent who appointed the solicitor or
98-16    by the solicitor on the filing of notice with the Board of the
98-17    termination.]
98-18          [(d)  Upon termination for cause of the appointment of any
98-19    solicitor, the local recording agent shall immediately file with
98-20    the State Board of Insurance a statement of the facts relative to
98-21    the termination of the appointment and the date and cause thereof.
98-22    The Board shall thereupon record the termination of the appointment
98-23    of such solicitor to represent such local recording agent.  The
98-24    solicitor terminated for cause shall receive from the local
98-25    recording agent a copy of the notice sent to the State Board of
98-26    Insurance.]
98-27          [(e)  Any information, document, record or statement required
 99-1    to be made or disclosed to the Board pursuant to this Article shall
 99-2    be deemed privileged and confidential unless or until introduced
 99-3    into evidence in an administrative hearing.]
 99-4          [(f)  No liability may be imposed on any insurance carrier,
 99-5    its employees or agents, or any other person, acting without
 99-6    malice, providing the information required to be disclosed pursuant
 99-7    to this section.]
 99-8          [Sec. 15.  FIRE INSURANCE IN EXCESS OF VALUE, WRITING OF
 99-9    FORBIDDEN.  It shall be unlawful for any local recording agent or
99-10    solicitor for an insurance company or insurance carrier knowingly
99-11    to grant, write or permit a greater amount of insurance against
99-12    loss by fire than the reasonable value of the subject of insurance.]
99-13          [Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
99-14    license of any local recording agent shall be suspended during a
99-15    period in which the agent does not have outstanding a valid
99-16    appointment to act as an agent for an insurance company.  The Board
99-17    shall end the suspension on receipt of evidence satisfactory to the
99-18    board that the agent has a valid appointment.  The Board shall
99-19    cancel the license of a solicitor if the solicitor does not have
99-20    outstanding a valid appointment to act as a solicitor for a local
99-21    recording agent, and shall suspend the license during a period that
99-22    the solicitor's local recording agent does not have outstanding a
99-23    valid appointment to act as an agent under this Article.]
99-24          [(b)  The department may discipline any local recording agent
99-25    or solicitor or deny an application under Section 5, Article
99-26    21.01-2, of this code if it finds that the applicant, individually
99-27    or through any officer, director, or shareholder, for or holder of
 100-1   such license:]
 100-2               [(1)  Has wilfully violated any provision of the
 100-3   insurance laws of this state;]
 100-4               [(2)  Has intentionally made a material misstatement in
 100-5   the application for such license;]
 100-6               [(3)  Has obtained, or attempted to obtain, such
 100-7   license by fraud or misrepresentation;]
 100-8               [(4)  Has misappropriated or converted to the
 100-9   applicant's or licensee's own use or illegally withheld money
100-10   belonging to an insurer or an insured or beneficiary;]
100-11               [(5)  Has been guilty of fraudulent or dishonest acts;]
100-12               [(6)  Has materially misrepresented the terms and
100-13   conditions of any insurance policies or contracts;]
100-14               [(7)  Has made or issued, or caused to be made or
100-15   issued, any statement misrepresenting or making incomplete
100-16   comparisons regarding the terms or conditions of any insurance
100-17   contract legally issued by an insurance carrier for the purpose of
100-18   inducing or attempting to induce the owner of such contract to
100-19   forfeit or surrender such contract or allow it to expire for the
100-20   purpose of replacing such contract with another;]
100-21               [(8)  Is convicted of a felony;]
100-22               [(9)  Is guilty of rebating any insurance premium or
100-23   discriminating as between insureds;]
100-24               [(10)  Is not engaged in the soliciting or writing of
100-25   insurance for the public generally as required by Section 5 of this
100-26   Article; or]
100-27               [(11)  Is afflicted with a disability as that term is
 101-1   defined by Subsection (a) of Article 21.15-6 of this code.]
 101-2         [(c)  The State Board of Insurance may order that a local
 101-3   recording agent or solicitor who is afflicted with a disability be
 101-4   placed on disability probation under the terms and conditions
 101-5   specified under Article 21.15-6 of this code instead of taking
 101-6   disciplinary action under Subsection (b) of this section.]
 101-7         [(d)  A license applicant or licensee whose license
 101-8   application or license has been denied, refused, or revoked under
 101-9   this section may not apply for any license as an insurance agent
101-10   before the first anniversary of the effective date of the denial,
101-11   refusal, or revocation, or, if the applicant or licensee seeks
101-12   judicial review of the denial, refusal, or revocation before the
101-13   first anniversary of the date of the final court order or decree
101-14   affirming that action.  The Commissioner may deny an application
101-15   timely filed if the applicant does not show good cause why the
101-16   denial, refusal, or revocation of the previous license application
101-17   or license should not be considered a bar to the issuance of a new
101-18   license.  This subsection does not apply to an applicant whose
101-19   license application was denied for failure to pass a required
101-20   written examination.]
101-21         [Sec. 18.  APPEAL.  If the Commissioner refuses an
101-22   application for license as provided by this article, or suspends,
101-23   revokes, or refuses to renew any license at a hearing as provided
101-24   by this article, and if the applicant or accused is dissatisfied
101-25   with the action of the Commissioner, the applicant or accused may
101-26   appeal from the action in accordance with Article 1.04 of this
101-27   Code.]
 102-1         [Sec. 19.  NOTICE TO LAST ADDRESS.  Where notice to the
 102-2   applicant or accused is provided for in any part of this article,
 102-3   notice by registered mail to his last known address shall be
 102-4   sufficient.]
 102-5         [Sec. 20.  LIFE, HEALTH AND ACCIDENT INSURANCE, INAPPLICABLE
 102-6   TO; OTHER EXCEPTIONS.  The provisions of this article do not apply
 102-7   to the Life, Health and Accident Insurance business or the Life,
 102-8   Health and Accident Department of the companies engaged therein,
 102-9   nor shall it apply to any of the following, namely:]
102-10               [(a)  Any actual full-time home office salaried
102-11   employee of any insurance carrier licensed to do business in Texas,
102-12   other than an employee who solicits or receives an application for
102-13   the sale of insurance through an oral, written, or electronic
102-14   communication in accordance with Section 20A of this article.]
102-15               [(b)  Any actual attorney in fact and its actual
102-16   traveling salaried representative as to business transacted through
102-17   such attorney in fact or salaried representative of any reciprocal
102-18   exchange or interinsurance exchange admitted to do business in
102-19   Texas.]
102-20               [(c)  Any adjuster of losses, and/or inspector of
102-21   risks, for an insurance carrier licensed to do business in Texas.]
102-22               [(d)  Any General Agent or State Agent or Branch
102-23   Manager representing an admitted and licensed insurance company or
102-24   carrier, or insurance companies or carriers, in a supervisory
102-25   capacity.]
102-26               [(e)  The actual attorney in fact for any Lloyds.]
102-27               [(f)  All incorporated or unincorporated mutual
 103-1   insurance companies, their agents and representatives, organized
 103-2   and/or operating under and by authority of Chapters 16 and 17 of
 103-3   this code.]
 103-4               [(g)  Nothing in this entire article shall ever be
 103-5   construed to apply to any member, agent, employee, or
 103-6   representative of any county or farm mutual insurance company as
 103-7   exempted under Chapters 16 and 17 of this code.]
 103-8               [(h)  Nothing in this article shall apply to the group
 103-9   motor vehicle insurance business or the group motor vehicle
103-10   department of the companies engaged in that business.]
103-11               [(i)  Salaried employees not involved in solicitation
103-12   or negotiation of insurance in the office of a local recording
103-13   agent who devote their full time to clerical and administrative
103-14   services, including the incidental taking of information from
103-15   customers and receipt of premiums in the office of a local
103-16   recording agent, provided the employees do not receive any
103-17   commissions and their compensation is not varied by the volume of
103-18   premiums taken and received.]
103-19         [Sec. 20A.  FULL-TIME HOME OFFICE SOLICITORS:  MANDATORY
103-20   REGISTRATION, CONTINUING EDUCATION, AND NOTIFICATION TO CONSUMERS;
103-21   DISCIPLINARY ACTIONS.  (a)  Any actual full-time home office
103-22   salaried employee of any insurance carrier licensed to do business
103-23   in Texas who solicits or receives an application for the sale of
103-24   insurance through an oral, written, or electronic communication
103-25   shall register with the commissioner.]
103-26         [(b)  Any insurance carrier licensed to do business in Texas
103-27   whose general plan of operation includes the use of employees
 104-1   described in Subsection (a) of this section shall certify to the
 104-2   commissioner that such employees receive continuing education of
 104-3   not less than 15 hours per year designed to give such employees:]
 104-4               [(1)  reasonable familiarity with the broad principles
 104-5   of insurance, with licensing and regulatory laws, and with
 104-6   provisions, terms, and conditions of the insurance which the
 104-7   registrant transacts; and]
 104-8               [(2)  a fair and general understanding of the
 104-9   obligations and duties of an insurer to an insured, including
104-10   training in ethical considerations.]
104-11         [(c)  The registration of any actual full-time home office
104-12   salaried employee shall be suspended and the employer insurance
104-13   carrier may be disciplined in accordance with the insurance laws of
104-14   this state, if the commissioner finds that the registrant:]
104-15               [(1)  has wilfully violated any provision of this code,
104-16   the laws of this state, or a rule of the commissioner;]
104-17               [(2)  has been guilty of fraudulent or dishonest acts;]
104-18               [(3)  has materially misrepresented the terms and
104-19   conditions of any insurance policies or contracts;]
104-20               [(4)  has made or issued, or caused to be made or
104-21   issued, any statement misrepresenting or making incomplete
104-22   comparisons regarding the terms or conditions of any insurance
104-23   contract legally issued by an insurance carrier for the purpose of
104-24   inducing or attempting to induce the owner of such contract to
104-25   forfeit or surrender such contract or allow it to expire for the
104-26   purpose of replacing such contract with another;]
104-27               [(5)  is guilty of rebating any insurance premium or
 105-1   discriminating as between insureds; or]
 105-2               [(6)  has been convicted of a felony involving fraud or
 105-3   breach of fiduciary duty.]
 105-4         [(d)  Registrants under this section shall disclose such
 105-5   registration when making an oral, written, or electronic
 105-6   communication to solicit or receive an application for the sale of
 105-7   insurance.]
 105-8         [(e)  The commissioner shall adopt rules to implement the
 105-9   provisions of this section.]
105-10         [Sec. 21.  FEES, DISPOSITION OF; APPROPRIATIONS.  The fees
105-11   herein provided for, when collected, shall be deposited in the
105-12   State Treasury to the credit of the State Board of Insurance
105-13   operating fund;  provided that no expenditures shall be made from
105-14   said fund except under authority of the Legislature as set forth in
105-15   the General Appropriation Bill;  provided further that no
105-16   appropriation shall ever be made out of the General Revenue Fund
105-17   for the purpose of administering this article or any provision
105-18   thereof.]
105-19         [Sec. 22.  REBATES OR INDUCEMENTS FORBIDDEN.  It shall be
105-20   unlawful for any local recording agent to pay, allow, give or offer
105-21   to pay, allow or give, directly or indirectly, any rebate of
105-22   premiums payable, any commission, or any paid employment or
105-23   contract for service of any kind or anything of value whatsoever,
105-24   or any valuable consideration or inducement whatever, not specified
105-25   in the policy or contract of insurance for or on account of the
105-26   solicitation or negotiation of contracts of insurance on property
105-27   or risks in this State to any person, firm or corporation, other
 106-1   than a duly licensed solicitor appointed by such local recording
 106-2   agent, or to another local recording agent.]
 106-3         [It shall be unlawful for any solicitor to pay, allow or give
 106-4   or offer to pay, allow or give, directly or indirectly, any rebate
 106-5   of premiums payable, any commission, or any paid employment or
 106-6   contract for service of any kind, or anything of value whatsoever,
 106-7   or any valuable consideration or inducement whatever, not specified
 106-8   in the policy or contract of insurance, for or on account of the
 106-9   solicitation or negotiation of contracts of insurance on property
106-10   or risks in this State to any person, firm or corporation.]
106-11         [Sec. 23.  REPEAL; LAWS NOT IN CONFLICT NOT AFFECTED; ACT
106-12   CUMULATIVE.  All laws or parts of laws pertaining to any phase of
106-13   the insurance business, which are in conflict with this article,
106-14   shall be and the same are hereby repealed;  but all laws, Civil and
106-15   Criminal, affecting insurance agents, and/or insurance companies or
106-16   insurance carriers or the insurance business, which are not in
106-17   conflict herewith, shall not be affected by the provisions of this
106-18   article;  but this article shall be deemed cumulative of such laws.]
106-19         [Sec. 24.  VIOLATION OF ACT.  Any person or any member of any
106-20   firm, or any corporation or bank, or any officer, director,
106-21   shareholder or employee of any corporation or bank who violates any
106-22   of the provisions of Sections 4, 15 and 22 of this Article shall be
106-23   guilty of a misdemeanor, and on conviction in a court of competent
106-24   jurisdiction, shall be punished by a fine of not less than One
106-25   Dollar ($1.00) nor more than One Hundred Dollars ($100.00).]
106-26         [Sec. 25.  ENFORCEMENT OF ARTICLE.  The Attorney General, or
106-27   any District or County Attorney, or the Board of Insurance
 107-1   Commissioners, may institute any injunction proceeding or such
 107-2   other proceeding to enforce the provisions of this article, and to
 107-3   enjoin any person, firm or corporation from engaging or attempting
 107-4   to engage in any of the business in violation of this article or
 107-5   any of the provisions thereof.  The provisions of this section are
 107-6   cumulative of the other penalties or remedies provided for in this
 107-7   article.]
 107-8         [Sec. 26.  ADMINISTRATION OF ARTICLE.  The administration of
 107-9   the provision of this article shall be vested in the Board of
107-10   Insurance Commissioners, and of the administrative officer of the
107-11   various counties in which the violation of any provision of this
107-12   article may occur; and the personnel charged with the direct
107-13   supervision of the article, except the regularly elected law
107-14   enforcement officers and their appointees, shall be responsible to
107-15   and serve at the will of the Board of Insurance Commissioners.  It
107-16   shall be the duty of the Board of Insurance Commissioners and the
107-17   Attorney General, and of the District and County Attorneys in
107-18   counties where violations of this article may occur, to see that
107-19   its provisions are at all times obeyed, and to make such
107-20   investigations as will prevent or detect the violation of any
107-21   provision thereof.  The Board of Insurance Commissioners shall at
107-22   once lay before the District or County Attorney of the proper
107-23   county, any evidence which shall come to its knowledge, of
107-24   criminality or threatened criminality under this article.  In the
107-25   event of the neglect or refusal of such Attorney to institute and
107-26   prosecute such violation, or to enforce the other remedies provided
107-27   by this article, the Board shall submit such evidence to the
 108-1   Attorney General, who is hereby authorized to proceed therein with
 108-2   all the rights, privileges and powers conferred by law upon
 108-3   District or County Attorneys.  Provided, any person having
 108-4   knowledge of the violation of the provisions of this article may
 108-5   file a complaint for such violation with the proper officers as in
 108-6   other misdemeanor cases.  The Board of Insurance Commissioners is
 108-7   given the power and authority, as a requisite for granting or
 108-8   renewing a license to insurance companies or insurance carriers,
 108-9   their local recording agents or solicitors, to require answers
108-10   under oath to any questions propounded by the said Board or under
108-11   its authority, and touching any phase of insurance business in the
108-12   State of Texas in which said insurance company or insurance
108-13   carrier, or such person or firm, shall be engaged, and to require
108-14   such person or firm seeking appointment as local recording agent to
108-15   submit his books, records, and accounts, insofar as they may be
108-16   material to any phase of insurance business, to examination and
108-17   inspection by the Board or any person acting under its authority.]
108-18         [Sec. 27.  RULES.  In addition to other rules required or
108-19   authorized by this article, the commissioner may adopt rules in
108-20   accordance with federal law applicable to the regulation of the
108-21   sale of insurance that are necessary and proper to carry out the
108-22   provisions of this article.]
108-23                  ARTICLE 4.  NONRESIDENT AGENT LICENSE
108-24         SECTION 4.01.  Section 1, Article 21.11, Insurance Code, is
108-25   amended to read as follows:
108-26         Sec. 1.  NONRESIDENT AGENT LICENSE.  (a)  The
108-27   [Notwithstanding Sections 3(a) and (b), Article 21.14, of this
 109-1   code, the] department shall license a person who is not a resident
 109-2   of this state to act as a nonresident agent if:
 109-3               (1)  the applicant for the nonresident license has
 109-4   submitted to the department:
 109-5                     (A)  an application on a form as prescribed by
 109-6   the department; and
 109-7                     (B)  the nonrefundable license application fee;
 109-8   and
 109-9               (2)  the department finds that the applicant for the
109-10   nonresident license:
109-11                     (A)  holds a license in good standing as an agent
109-12   in the applicant's state of residence and that state will grant a
109-13   nonresident agent's license on a reciprocal basis to a resident
109-14   agent of this state; or
109-15                     (B)  has:
109-16                           (i)  passed the examination for an agent's
109-17   license required under this code;
109-18                           (ii)  met the eligibility requirements
109-19   under Subsection (e) of this section;
109-20                           (iii)  satisfied the requirements for a
109-21   license for an individual under this code, including Section 2,
109-22   Article 21.07; and
109-23                           (iv)  satisfied the requirements for a
109-24   license for a corporation or partnership under Section 2, Article
109-25   21.07, of this code.
109-26         (b)  The commissioner may enter into an agreement with the
109-27   appropriate official of another state as necessary to implement the
 110-1   reciprocal licensing of nonresident agents [in accordance with
 110-2   Article 21.14 of this code, subject to the limitations of this
 110-3   article].
 110-4         (c)  The [(b)  An applicant for issuance of a license under
 110-5   this section must meet the requirements for issuance of a license
 110-6   under Article 21.14 of this code, except that the] department may
 110-7   [shall] waive any [of those] license requirements for an applicant
 110-8   with a valid license from another state or jurisdiction if:
 110-9               (1)  that state or jurisdiction has license
110-10   requirements substantially equivalent to those of this state; or
110-11               (2)  the waiver is necessary to promote reciprocal
110-12   licensing of nonresident agents among a majority of the states.
110-13         (d)  The commissioner is the agent for service of process in
110-14   the manner provided by Section 3, Article 1.36, of this code in a
110-15   legal proceeding against a nonresident agent licensed to transact
110-16   business in this state if:
110-17               (1)  the nonresident agent fails to appoint or maintain
110-18   an agent for service in this state;
110-19               (2)  an agent for service is appointed but cannot with
110-20   reasonable diligence be found; or
110-21               (3)  the license of the nonresident agent is revoked.
110-22         (e)  An applicant for a nonresident agent's license from this
110-23   state who does not hold an insurance agent's license in the
110-24   applicant's state of residence shall, through the law enforcement
110-25   agency of the state of residence, submit a copy of the applicant's
110-26   criminal history records to the department.  The department shall
110-27   use the criminal history records to determine eligibility for
 111-1   issuance of a license in accordance with this subchapter and other
 111-2   laws of this state.
 111-3         SECTION 4.02.  Sections 2(a) and (b), Article 21.11,
 111-4   Insurance Code, are amended to read as follows:
 111-5         (a)  Except as otherwise specifically provided by this code
 111-6   [section], a license issued under this article to an individual who
 111-7   is not a resident of this state grants the same rights and
 111-8   privileges afforded to a resident license holder [under a license
 111-9   issued under Article 21.14 of this code].
111-10         (b)  A person who holds a license issued under this article
111-11   and who is in compliance with the continuing education requirements
111-12   of the person's state of residence is exempt from the continuing
111-13   education requirements imposed under Article 21.01-1 of this code
111-14   [may not:]
111-15               [(1)  maintain an office in this state;]
111-16               [(2)  solicit insurance business in this state by any
111-17   method, including an oral, written, or electronic communication; or]
111-18               [(3)  employ solicitors or others to directly or
111-19   indirectly solicit insurance in this state].
111-20         SECTION 4.03. Section 2(c), Article 21.11, Insurance Code, is
111-21   amended to read as follows:
111-22         (c)  A person licensed as a nonresident agent in this state
111-23   who does not hold an insurance agent's license in the person's
111-24   state of residence shall comply with the continuing education
111-25   requirements imposed under Article 21.01-1 of this code  [The
111-26   commissioner shall impose on a resident of another state or
111-27   jurisdiction of the United States who is an applicant for a license
 112-1   or a holder of a license issued under this article any requirement
 112-2   or restriction that:]
 112-3               [(1)  the other state or jurisdiction of the United
 112-4   States imposes on a resident of this state who is a nonresident
 112-5   applicant or license holder in that state or jurisdiction; and]
 112-6               [(2)  is in addition to or stricter than the
 112-7   requirements or restrictions imposed under the insurance law of
 112-8   this state on an applicant or license holder who is not a resident
 112-9   of this state].
112-10         SECTION 4.04.  Section 3, Article 21.11, Insurance Code, is
112-11   amended to read as follows:
112-12         Sec. 3.  LIMITATIONS.  (a)  The department may issue a
112-13   reciprocal nonresident license to an applicant if the authority
112-14   granted by the license issued by the applicant's state of residence
112-15   is generally comparable to the authority granted by a license
112-16   issued by this state.  [This article does not permit:]
112-17               [(1)  any person or firm licensed solely as a broker in
112-18   the person's or firm's state of residence to be granted a license
112-19   under this article;]
112-20               [(2)  a holder of a license issued under this article
112-21   to act as a surplus lines agent under Article 1.14-2 of this code
112-22   or to perform any of the acts permitted under Article 1.14-2 of
112-23   this code, except as provided under Section 10, Article 21.54, of
112-24   this code; or]
112-25               [(3)  any person or firm who holds a license issued
112-26   under this article to engage in any form of direct solicitation of
112-27   insurance within this state.]
 113-1         (b)  A nonresident agent licensed under the reciprocal
 113-2   licensing provisions of this code may not engage in a line of
 113-3   insurance business in this state for which the agent is not
 113-4   authorized in the agent's state of residence.
 113-5         (c)  This subchapter [The commissioner shall revoke a
 113-6   nonresident agent's license issued under this article if the
 113-7   commissioner finds that the license was obtained or is being used
 113-8   for the purpose of transacting insurance through a local recording
 113-9   agent in a manner that permits the individual licensed under this
113-10   article, by subterfuge, to transact insurance as a local recording
113-11   agent.]
113-12         [(c)  In the circumstances described by Subsection (b) of
113-13   this section, the commissioner shall also revoke the license of the
113-14   affected local recording agent.]
113-15         [(d)  A license revoked under Subsection (b) or (c) of this
113-16   section is not subject to reissuance before the fifth anniversary
113-17   of the date the revocation is effective.]
113-18         [(e)  The commissioner shall order that any insurance
113-19   transacted under an arrangement described by Subsection (b) of this
113-20   section be canceled.]
113-21         [(f)  Article 21.01-2 of this code] applies to licensing of a
113-22   nonresident agent under this article.
113-23         SECTION 4.05.  Sections 4 and 5, Article 21.11, Insurance
113-24   Code, are amended to read as follows:
113-25         Sec. 4.  HOME OFFICE EMPLOYEE.  This article does not affect
113-26   the authority established under Section 7 [20], Article 21.14, of
113-27   this code of an actual full-time home office salaried employee of
 114-1   an insurance carrier licensed to do business in this state.
 114-2         Sec. 5.  RULES.  The commissioner may adopt rules as
 114-3   necessary to implement this article and to meet the minimum
 114-4   requirements of federal law and regulations.
 114-5                      ARTICLE 5.  ADJUSTER LICENSE
 114-6         SECTION 5.01.  Sections 1(a) and (b), Chapter 407, Acts of
 114-7   the 63rd Legislature, Regular Session, 1973 (Article 21.07-4,
 114-8   Vernon's Texas Insurance Code), are amended to read as follows:
 114-9         (a)  "Adjuster" means an individual [any person] who, as an
114-10   independent contractor, or as an employee of an independent
114-11   contractor, adjustment bureau, association, insurance company or
114-12   corporation, general property and casualty [local recording] agent,
114-13   managing general agent, or self-insured, investigates or adjusts
114-14   losses on behalf of either an insurer or a self-insured, or any
114-15   person who supervises the handling of claims.
114-16         (b)  "Adjuster" shall not include:
114-17               (1)  an attorney at law who adjusts insurance losses
114-18   from time to time and incidental to the practice of law, and who
114-19   does not advertise or represent that he is an adjuster;
114-20               (2)  a salaried employee of an insurer who is not
114-21   regularly engaged in the adjustment, investigation, or supervision
114-22   of insurance claims;
114-23               (3)  persons employed only for the purpose of
114-24   furnishing technical assistance to a licensed adjuster, including,
114-25   but not limited to, photographers, estimators, private detectives,
114-26   engineers, handwriting experts, and attorneys at law;
114-27               (4)  a licensed agent or general agent of an authorized
 115-1   insurer who processes undisputed and/or uncontested losses for such
 115-2   insurer under policies issued by said agent or general agent;
 115-3               (5)  a person who performs clerical duties with no
 115-4   negotiations with the parties on disputed and/or contested claims;
 115-5               (6)  any person who handles claims arising under life,
 115-6   accident and health insurance policies; [or]
 115-7               (7)  a person who is employed principally as a
 115-8   right-of-way agent or right-of-way and claims agent and whose
 115-9   primary responsibility is the acquisition of easements, leases,
115-10   permits, or other real property rights and whose claims handling
115-11   arises out of operations under those easements, leases, permits, or
115-12   other contracts or contractual obligations; or
115-13               (8)  an individual who is employed to investigate
115-14   suspected fraudulent insurance claims but who does not adjust
115-15   losses or determine claims payments.
115-16                        ARTICLE 6.  SURPLUS LINES
115-17         SECTION 6.01.  Section 2(a)(1), Article 1.14-2, Insurance
115-18   Code, is amended to read as follows:
115-19               (1)  "Surplus lines agent" means:
115-20                     (A)  a general property and casualty [(i) is an]
115-21   agent authorized under Article 21.14 who is granted a surplus lines
115-22   license in accordance with this Article; or
115-23                     (B)  [, (ii) is] a managing general agent
115-24   [(authorized to be licensed and] licensed under the Managing
115-25   General Agents' Licensing Act[, Acts, 1967, 60th Legislature,
115-26   Chapter 727, codified by Vernon as] (Article 21.07-3, Vernon's
115-27   Texas Insurance Code) who is granted a surplus lines license in
 116-1   accordance with this Article and who complies with the provisions
 116-2   of this Article, except it is not necessary that the managing
 116-3   general agent be licensed as a general property and casualty
 116-4   [recording] agent[, or (iii) is a nonresident insurance agent
 116-5   authorized under Article 21.11 and who is granted a surplus lines
 116-6   license for the limited purpose of acting on behalf of a purchasing
 116-7   group operating in this state in the placement of liability
 116-8   insurance for risks located in this state].
 116-9         SECTION 6.02.  Section 2(a)(2), Article 1.14-2, Insurance
116-10   Code, is amended to read as follows:
116-11               (2)  A [Each "]surplus lines agent,["] as a condition
116-12   of being licensed as a surplus lines agent and as a condition of
116-13   continuing to be licensed as a surplus lines agent, shall offer the
116-14   proof of financial responsibility [solvency and demonstrate
116-15   capacity in respect of responsibility to insureds under policies of
116-16   surplus lines insurance, or in the alternative show proof of
116-17   adequate bond and surety] in respect of [his] transactions with
116-18   insureds under policies of surplus lines insurance [and] as
116-19   required by [the] reasonable rules [and regulations] of the
116-20   commissioner [State Board of Insurance shall provide].
116-21         SECTION 6.03.  Section 2(a)(3), Article 1.14-2, Insurance
116-22   Code, is amended to read as follows:
116-23               (3)  Any surplus lines license granted to an agency
116-24   authorized under the Managing General Agents' Licensing Act
116-25   (Article 21.07-3, Vernon's Texas Insurance Code), but[, Acts, 1967,
116-26   60th Legislature, Chapter 727, that is] not [also] licensed under
116-27   Article 21.14 of this code, [the Insurance Code] shall be limited
 117-1   to the acceptance of business originating through a regularly
 117-2   licensed general property and casualty [recording] agent and does
 117-3   [shall] not authorize the [such] surplus lines agency to transact
 117-4   business directly with the applicant for insurance.
 117-5         SECTION 6.04. Section 3(a), Article 1.14-2, Insurance Code,
 117-6   is amended to read as follows:
 117-7         (a)  If insurance coverages of subjects resident, located or
 117-8   to be performed in this state cannot be procured from licensed
 117-9   insurers after diligent effort, such coverages, hereinafter
117-10   designated as surplus line insurance, may be procured from eligible
117-11   surplus lines insurers subject to the following conditions:
117-12               1.  The insurance must be eligible for surplus lines
117-13   under Section 5.
117-14               2.  The insurer must be an eligible surplus lines
117-15   insurer under Section 8.
117-16               3.  The insurance must be placed through a licensed
117-17   Texas surplus lines agent [resident in this state].
117-18               4.  The other applicable provisions of this section
117-19   must be complied with.
117-20         SECTION 6.05. Section 3A, Article 1.14-2, Insurance Code, is
117-21   amended to read as follows:
117-22         Sec. 3A.  AUTHORITY OF COMMISSIONER [STATE BOARD OF
117-23   INSURANCE]. (a)  The commissioner [State Board of Insurance] may
117-24   adopt [promulgate] rules necessary to:
117-25               (1)  implement [enforce] this article; or
117-26               (2)  satisfy requirements under federal law or
117-27   regulations.
 118-1         (b)  The commissioner [board] shall monitor the activities of
 118-2   surplus lines agents to the extent necessary to protect the public
 118-3   interest.
 118-4         SECTION 6.06. Section 4(b), Article 1.14-2, Insurance Code,
 118-5   is amended to read as follows:
 118-6         (b)  The department [Texas Department of Insurance] may issue
 118-7   a surplus lines license to an applicant if the applicant submits a
 118-8   properly completed license application and an application fee as
 118-9   determined by the department and the department determines that the
118-10   applicant [an agent as defined by Subdivision (1) of Subsection (a)
118-11   of Section 2 of this article after the agent has]:
118-12               (1)  is an individual who:
118-13                     (A)  is currently licensed as a general property
118-14   and casualty agent under Article 21.14 of this code or as a
118-15   managing general agent under the Managing General Agents' Licensing
118-16   Act (Article 21.07-3, Vernon's Texas Insurance Code);
118-17                     (B)  has passed the surplus lines license
118-18   examination administered under Article 21.01-1 of this code and
118-19   department rules; and
118-20                     (C)  provides proof of financial responsibility
118-21   as required under Section 2 of this article [remitted the
118-22   application fee set by the Texas Department of Insurance in an
118-23   amount not to exceed $50]; or
118-24               (2)  is a corporation, limited liability company, or
118-25   partnership that:
118-26                     (A)  has at least one officer or director or at
118-27   least one active partner who has passed the surplus lines license
 119-1   examination required under this article;
 119-2                     (B)  is currently licensed as a general property
 119-3   and casualty agent under Article 21.14 of this code or as a
 119-4   managing general agent under the Managing General Agents' Licensing
 119-5   Act (Article 21.07-3, Vernon's Texas Insurance Code);
 119-6                     (C)  provides proof of financial responsibility
 119-7   as required under Section 2 of this article; and
 119-8                     (D)  conducts insurance activities under this
 119-9   article only through an individual licensed under this subsection
119-10   [submitted a completed license application on a form approved by
119-11   the Texas Department of Insurance; and]
119-12               [(3)  passed a qualifying examination approved by the
119-13   Texas Department of Insurance.  If the agent is a general
119-14   partnership or a registered limited liability partnership, this
119-15   examination must be met by each natural person acting as a partner
119-16   in that partnership.  If the agent is a corporation, this
119-17   examination requirement must be met by each natural person acting
119-18   as an officer, director, or shareholder of that corporation.  If
119-19   the agent is a limited liability company, this examination
119-20   requirement must be met by each natural person acting as an
119-21   officer, manager, and member of that limited liability company].
119-22         SECTION 6.07. Section 4(c), Article 1.14-2, Insurance Code,
119-23   is amended to read as follows:
119-24         (c)  In addition to the requirements of this article, the
119-25   administration and regulation of a surplus lines agent's license
119-26   is governed by Subchapter A, Chapter 21, of this code, except that
119-27   Article 21.07 of this code does not apply to a license issued under
 120-1   this article.  [Unless the State Board of Insurance adopts a system
 120-2   for staggered renewal of licenses, as provided by Article 21.01-2
 120-3   of this code, each license issued under this section is for a
 120-4   two-year term that expires on December 31; however, the term of the
 120-5   initial licensing period shall expire on December 31 of the year
 120-6   following the year in which the license is issued.  A license may
 120-7   be renewed for periods of two years.]
 120-8         SECTION 6.08. Section 4(d), Article 1.14-2, Insurance Code,
 120-9   is amended to read as follows:
120-10         (d)  If a license holder does not maintain the qualifications
120-11   necessary to obtain the license, the department may revoke or
120-12   suspend the license or deny the renewal of that license in
120-13   accordance with Article 21.01-2 of this code.  [By filing a
120-14   completed written application in the form prescribed by the State
120-15   Board of Insurance and paying the nonrefundable renewal fee set by
120-16   the board in an amount not to exceed $50, an unexpired license may
120-17   be renewed on or before the expiration date of the license.]
120-18         SECTION 6.09. Section 15(a), Article 1.14-2, Insurance Code,
120-19   is amended to read as follows:
120-20         (a)  Each surplus lines agent shall maintain [keep in his
120-21   office in this state] a full and true record of each surplus lines
120-22   contract procured by the agent [him], including a copy of the daily
120-23   report, if any, and showing such of the following items as may be
120-24   applicable:
120-25               1.  Amount of the insurance and perils insured against;
120-26               2.  Brief general description of property insured and
120-27   where located;
 121-1               3.  Gross premium charged;
 121-2               4.  Return premium paid, if any;
 121-3               5.  Rate of premium charged upon the several items of
 121-4   property;
 121-5               6.  Effective date of the contract, and the terms
 121-6   thereof;
 121-7               7.  Name and post office address of the insured;
 121-8               8.  Name and home office address of the insurer;
 121-9               9.  Amount collected from the insured; and
121-10               10.  Other information as may be required by the
121-11   department [State Board of Insurance].
121-12                    ARTICLE 7.  CONFORMING AMENDMENTS
121-13         SECTION 7.01.  Section 1, Article 3.71, Insurance Code, is
121-14   amended to read as follows:
121-15         Sec. 1. Notwithstanding any contrary or inconsistent
121-16   provision of any law, two or more insurance companies authorized to
121-17   separately do such an insurance business in this state, including
121-18   stock companies, reciprocals, or inter-insurance exchanges, Lloyds'
121-19   associations, fraternal benefit societies and mutual companies of
121-20   all kinds, including state-wide mutual assessment corporations and
121-21   local mutual aid associations, and stipulated premium companies,
121-22   may join together to offer, sell and administer hospital, surgical
121-23   and medical expense insurance plans under a group policy covering
121-24   residents of this state who are sixty-five (65) years of age and
121-25   older and their spouses on which policy each insurance carrier
121-26   shall be severally liable, and such companies may agree with
121-27   respect to premium rates, policy provisions, sales, administrative,
 122-1   technical and accounting procedures and other matters within the
 122-2   scope of this Article.  Such companies may issue such insurance
 122-3   policies in their own names or in the name of an unincorporated
 122-4   association, trust, or other organization formed for the sole
 122-5   purposes of this Article and evidenced by a contract in writing
 122-6   executed by the participating insurance companies, and any
 122-7   unincorporated associations, trusts, or other organizations
 122-8   heretofore formed for the sole purpose of this Article and
 122-9   evidenced by a contract in writing executed by the participating
122-10   insurance companies is hereby ratified, confirmed and approved and
122-11   validated from the date of its formation.  Any such policy may be
122-12   executed on behalf of the insurance companies by a duly authorized
122-13   person and need not be countersigned on behalf of any such company
122-14   by a resident agent.  Any person who is licensed as a general life,
122-15   accident, and health [insurance] agent or as a general property and
122-16   casualty [local recording] agent [or as a solicitor] under Article
122-17   [the provisions of Articles 21.07,] 21.07-1[,] or [Article] 21.14
122-18   of this code [the Insurance Code of the State of Texas,] may act as
122-19   such agent in connection with policies of insurance or certificates
122-20   of insurance issued by any unincorporated association, trust or
122-21   other organization formed for the sole purposes of this Article
122-22   without the necessity of notifying the department [State Board of
122-23   Insurance] that such person is appointed to so act.
122-24         SECTION 7.02. Section 7, Article 3.75, Insurance Code, is
122-25   amended to read as follows:
122-26         Sec. 7.  VARIABLE CONTRACT AGENTS LICENSE. (a)
122-27   Notwithstanding any other law of this state, no person shall sell
 123-1   or offer for sale within this state a variable contract or do or
 123-2   perform any act or thing in the sale, negotiation, making, or
 123-3   consummating of any variable contract other than for himself,
 123-4   unless such person shall have a valid and current license issued
 123-5   under Article 21.07-1 of this code [certificate from the State
 123-6   Board of Insurance] authorizing such person to act within this
 123-7   state as a general life, accident, and health [variable] agent.
 123-8   [No such certificate shall be issued unless and until said board is
 123-9   satisfied, after examination, that such person is by training,
123-10   knowledge, ability, and character qualified to act as such agent.
123-11   Any such certificate may be withdrawn and canceled by said board,
123-12   after notice and hearing, if it shall find that the holder thereof
123-13   does not then have the qualifications required for issue of such
123-14   certificate.]
123-15         (b)  The licensing and regulation of a person acting as a
123-16   variable agent is subject to the same provisions applicable to the
123-17   licensing and regulation of other agents under Subchapter A,
123-18   Chapter 21, of this code.  [The Commissioner of Insurance shall
123-19   collect in advance from variable agent applicants a nonrefundable
123-20   license fee in an amount not to exceed $50.  Unless the State Board
123-21   of Insurance accepts a qualifying examination administered by a
123-22   testing service, as provided under Article 21.01-1, Insurance Code,
123-23   as amended, the Commissioner of Insurance shall collect in advance
123-24   from variable agent applicants an examination fee in an amount not
123-25   to exceed $20.  The State Board of Insurance shall determine the
123-26   amount of the fees.  A new examination fee shall be paid for each
123-27   and every examination.  The examination fee shall not be returned
 124-1   under any circumstance other than for failure to appear and take
 124-2   the examination after the applicant has given at least 24 hours
 124-3   notice of an emergency situation to the Commissioner of Insurance
 124-4   and received the Commissioner's approval.  All fees collected
 124-5   pursuant to this section shall be deposited in the State Treasury
 124-6   to the credit of the State Board of Insurance operating fund to be
 124-7   used to administer the provisions of this section and Article
 124-8   21.07-1, Insurance Code, as amended.]
 124-9         [(c)  Each license issued to a variable contract agent shall
124-10   expire two years following the date of issue, unless prior thereto
124-11   it is suspended or revoked by the Commissioner of Insurance.]
124-12         [(d)  The Commissioner of Insurance shall suspend the license
124-13   of a variable agent during any period in which the agent does not
124-14   have an outstanding valid appointment.  The Commissioner of
124-15   Insurance shall lift the suspension on receipt by the State Board
124-16   of Insurance of acceptable notice of a valid appointment.]
124-17         [(e)  A license applicant or licensee whose license
124-18   application or license has been denied, refused, or revoked under
124-19   this section may not apply for any license as an insurance agent
124-20   before the first anniversary of the effective date of the denial,
124-21   refusal, or revocation, or, if the applicant or licensee seeks
124-22   judicial review of the denial, refusal, or revocation, before the
124-23   first anniversary of the date of the final court order or decree
124-24   affirming that action.  The Commissioner of Insurance may deny an
124-25   application timely filed if the applicant does not show good cause
124-26   why the denial, refusal, or revocation of the previous license
124-27   application or license should not be considered a bar to the
 125-1   issuance of a new license.]
 125-2         [(f)  Licenses which have not expired or which have not been
 125-3   suspended or revoked may be renewed by filing with the State Board
 125-4   of Insurance a completed renewal application and paying the
 125-5   nonrefundable renewal fee set by the board in an amount not to
 125-6   exceed $50 on or before the expiration date of the license in
 125-7   accordance with Article 21.01-2 of this code.]
 125-8         [(g)  Any agent licensed under this article may represent and
 125-9   act as an agent for more than one insurance carrier any time while
125-10   the license is in force, if the agent so desires.  Any such agent
125-11   and the insurance carrier involved must give notice to the State
125-12   Board of Insurance of any additional appointment or appointments
125-13   authorizing the agent to act as agent for an additional insurance
125-14   carrier or carriers.  Such notice shall be accompanied by a
125-15   certificate from each insurance carrier to be named in each
125-16   additional appointment that said insurance carrier desires to
125-17   appoint the applicant as its agent.  This notice shall also contain
125-18   such other information as the State Board of Insurance may require.
125-19   The agent or company shall be required to pay a nonrefundable fee
125-20   in an amount not to exceed $16 as determined by the State Board of
125-21   Insurance for each additional appointment applied for, which fee
125-22   shall accompany the notice.  If approval of the additional
125-23   appointment is not received from the board before the eighth day
125-24   after the date on which the completed application and fee were
125-25   received by the board, the agent and the insurance carrier, in the
125-26   absence of notice of disapproval, may assume that the board
125-27   approves the application, and the agent may act for the insurance
 126-1   carrier. All fees collected pursuant to this section shall be
 126-2   deposited in the State Treasury to the credit of the State Board of
 126-3   Insurance operating fund to be used to administer the provisions of
 126-4   this article and Article 21.07-1, Insurance Code, as amended.]
 126-5         [(h)  Duplicate License; Fee. The Commissioner of Insurance
 126-6   shall collect in advance from agents requesting duplicate licenses
 126-7   a fee not to exceed $20.  The State Board of Insurance shall
 126-8   determine the amount of the fee.]
 126-9         SECTION 7.03.  Subsection (c), Article 5.13-1, Insurance
126-10   Code, is amended to read as follows:
126-11         (c)  The right of such insurers to issue prepaid legal
126-12   services contracts on individual, group, or franchise bases is
126-13   hereby recognized, and qualified agents of such insurers who are
126-14   licensed under Article 21.07-1 or [Articles 21.07 and] 21.14 of
126-15   this code [the Insurance Code, as amended, and Chapter 213, Acts of
126-16   the 54th Legislature, 1955, as amended (Article 21.07-1, Vernon's
126-17   Texas Insurance Code),] shall be authorized to write such coverages
126-18   under such rules [and regulations] as the commissioner [State Board
126-19   of Insurance] may prescribe.
126-20         SECTION 7.04. Article 10.37-3, Insurance Code, is amended to
126-21   read as follows:
126-22         Art. 10.37-3.  LICENSING OF AGENTS. (a)  Except as provided
126-23   by Subsection (b), a [A] person may not solicit or procure
126-24   insurance contracts for a society unless the person is licensed as
126-25   a general life, accident, and health agent under Article 21.07-1 of
126-26   this code [an agent under Chapter 213, Acts of the 54th
126-27   Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 127-1   Insurance Code)].
 127-2         (b)  An agent, representative, or member of a fraternal
 127-3   benefit society who devotes less than 50 percent of the person's
 127-4   time to the solicitation and procurement of insurance contracts for
 127-5   that society is exempt from the requirements of Subsection (a)  of
 127-6   this article.
 127-7         (c)  For the purposes of Subsection (b) of this article, a
 127-8   person is presumed for a calendar year to have devoted at least 50
 127-9   percent of the person's time to the solicitation or procurement of
127-10   insurance contracts if, in the preceding calendar year, the person
127-11   solicited or procured on behalf of a society:
127-12               (1)  life insurance contracts that have generated, in
127-13   the aggregate, more than $20,000 of direct premiums for all lives
127-14   insured, provided that an interest-sensitive life insurance
127-15   contract has not been solicited or procured by a person that
127-16   exceeds $35,000 of coverage on an individual life unless that
127-17   person holds the designation of "Fraternal Insurance [Benefit]
127-18   Counselor";
127-19               (2)  insurance contracts, other than life insurance
127-20   contracts, that have insured the individual lives of more than 25
127-21   persons; or
127-22               (3)  variable life insurance or variable annuity
127-23   contracts.
127-24         (d)  The licensing and regulation of agents for fraternal
127-25   benefit societies is subject to Subchapter A, Chapter 21, of this
127-26   code and other laws regulating those agents.
127-27         SECTION 7.05.  Article 16.24A, Insurance Code, is amended to
 128-1   read as follows:
 128-2         Art. 16.24A.  LICENSING OF AGENTS [FOR CROP INSURANCE]. (a)
 128-3   No person or firm shall solicit, write, sign, execute or deliver
 128-4   insurance policies, bind insurance risks, collect premiums, or
 128-5   otherwise act in the capacity of an insurance agent [a local
 128-6   recording agent] in the solicitation or sale of [crop] insurance
 128-7   for a farm mutual insurance company unless the person or firm holds
 128-8   a license issued [is licensed] under Subchapter A, Chapter 21,
 128-9   [Article 21.14] of this code.
128-10         (b)  A farm mutual insurance company may not appoint and act
128-11   through an agent [who qualifies for a license as an agricultural
128-12   insurance agent] under Article 21.14-2 of this code.
128-13         SECTION 7.06.  Section 9, Article 17.25, Insurance Code, is
128-14   amended to read as follows:
128-15         Sec. 9.  AGENTS' LICENSE.  Agents [or solicitors] for such
128-16   companies shall be licensed and appointed as provided by Subchapter
128-17   A, Chapter 21, [in Article 21.07 or 21.14] of this Code.
128-18         SECTION 7.07.  Sections 4, 19, and 21, Managing General
128-19   Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
128-20   Code), are amended to read as follows:
128-21         Sec. 4.  REDEMPTION OF SHARES [APPLICATION FOR LICENSE; TO
128-22   WHOM LICENSE MAY BE ISSUED].   [(a)  Each applicant for license
128-23   shall be a resident of Texas and file a written sworn application
128-24   on forms furnished by the Commissioner. The applicant shall include
128-25   in the application the names and addresses of the applicant's
128-26   officers, directors, shareholders, or partners, if applicable, and
128-27   affiliates.]
 129-1         [(b)  The Commissioner shall issue a license to an individual
 129-2   applicant upon successful completion of the examination and
 129-3   compliance with the other requirements of this Act.]
 129-4         [(c)  The Commissioner shall issue a license to a general
 129-5   partnership, or to a limited liability partnership registered with
 129-6   the Secretary of State under Section 3.08, Texas Revised
 129-7   Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
 129-8   Statutes), engaging in the business of insurance if each of the
 129-9   partners is licensed as an agent under this Act.  The term
129-10   "partnership" or "agency partnership" as used in this Act means a
129-11   general partnership or a registered limited liability partnership.] 
129-12         [(d)  The Commissioner shall issue a license to a corporation
129-13   on finding:]
129-14               [(1)  that the corporation is a Texas corporation
129-15   having its principal place of business in the State of Texas and
129-16   having as one of its purposes the authority to act as a managing
129-17   general agent; and]
129-18               [(2)  that every officer, director, and shareholder of
129-19   the corporation is individually licensed as a managing general
129-20   agent under the provisions of this Insurance Code;  provided,
129-21   however, that in the event ownership of the shares of such
129-22   corporation is acquired through devise or descent by an unlicensed
129-23   shareholder, the corporation shall still be entitled to a license
129-24   if such unlicensed shareholder qualifies as a licensed managing
129-25   general agent or disposes of the shares to a licensed managing
129-26   general agent within 90 days after the date of such stock
129-27   acquisition.  If an unlicensed person acquires shares in such a
 130-1   corporation and does not qualify to be licensed as a managing
 130-2   general agent and the person does not dispose of the shares within
 130-3   the 90-day period to a licensed managing general agent, the shares
 130-4   must be purchased by the corporation for the value of the shares of
 130-5   stock as reflected by the regular books and records of the
 130-6   corporation on the date of the acquisition of the shares by the
 130-7   unlicensed person.  If the corporation fails or refuses to purchase
 130-8   the shares, the corporation's license shall be canceled.]
 130-9         [(e)]  A corporation may redeem the shares of any shareholder
130-10   or the shares of a deceased shareholder, on terms agreed on by the
130-11   board of directors and the shareholder or the shareholder's
130-12   personal representative or at a price and on terms provided in the
130-13   articles of incorporation, the bylaws, or an existing contract
130-14   entered into between the shareholders of the corporation.
130-15         [(f)  Nothing contained herein shall be construed to permit
130-16   any unlicensed shareholder or any employee or agent of any
130-17   corporation licensed as a managing general agent to perform any act
130-18   of a managing general agent without obtaining a managing general
130-19   agent's license.]
130-20         [(g)  If at any time, any person holding a managing general
130-21   agent's license does not maintain the qualifications necessary to
130-22   obtain a license, the license of such person to act as a managing
130-23   general agent shall be canceled or denied in accordance with the
130-24   other provisions of this Act.]
130-25         [(h)  Nothing in this section shall prevent any shareholder
130-26   from selling or otherwise transferring stock in any corporation to
130-27   a company or managing general agent licensed to do business in
 131-1   Texas, nor prevent any such company or managing general agent from
 131-2   owning all or any portion of the stock of such corporation.]
 131-3         [(i)  Each corporation licensed as a managing general agent
 131-4   shall notify the Commissioner of any change in its officers,
 131-5   directors, or shareholders not later than the 30th day after the
 131-6   date on which the change takes effect.]
 131-7         [(j)  In this Act the term "corporation" shall mean a
 131-8   corporation organized under the Texas Business Corporation Act or a
 131-9   Texas domiciled limited liability company organized or existing
131-10   under the Texas Limited Liability Company Act (Article 1528n,
131-11   Vernon's Texas Civil Statutes) having its principal place of
131-12   business in this state and having as one of its purposes the
131-13   authority to act as a managing general insurance agent.  Each
131-14   officer, manager, and member of a limited liability company must be
131-15   licensed under this Act.  The licensing and regulation of a limited
131-16   liability company shall be subject to the same provisions and
131-17   requirements of this Act that are applicable to corporations
131-18   licensed under this Act.]
131-19         Sec. 19.  ADMINISTRATION AND REGULATION OF MANAGING GENERAL
131-20   AGENTS; VIOLATIONS OF ACT.  (a)  Subchapter A, Chapter 21,
131-21   Insurance Code, applies to the licensing and regulation of a person
131-22   acting as a managing general agent.
131-23         (b)  Any person, firm, or corporation who violates any of the
131-24   provisions of this Act or any rule[, regulation,] or order adopted
131-25   under this Act or Subchapter A, Chapter 21, Insurance Code, is
131-26   [shall be] subject to:
131-27               (1)  Sections 2A, 3A, 4A, 5A, and 6A, Article 21.01-2,
 132-1   Insurance Code; and
 132-2               (2)  Chapter 82 [sanctions under Section 7, Article
 132-3   1.10], Insurance Code.
 132-4         Sec. 21.  ADMINISTRATION OF ACT.  The administration of this
 132-5   Act shall be vested in the commissioner, [State Board of Insurance]
 132-6   who may establish, and from time to time amend, reasonable rules
 132-7   [and regulations] for the administration of this Act.
 132-8         SECTION 7.08. Section 3(c), Article 21.07-6, Insurance Code,
 132-9   is amended to read as follows:
132-10         (c)  The certificate of authority issued under this article
132-11   shall continue in effect until suspended, canceled, or revoked [in
132-12   accordance with Section 7, Article 1.10, of this code].  The
132-13   issuance, denial, suspension, cancellation, or revocation of a
132-14   certificate of authority to act as an administrator is subject to:
132-15               (1)  Sections 2A, 3A, 4A, 5A, and 6A, Article 21.01-2,
132-16   of this code; and
132-17               (2)  Chapter 82 of this code.
132-18         SECTION 7.09. Section 1(2), Article 21.21-9, Insurance Code,
132-19   as added by Chapter 596, Acts of the 75th Legislature, Regular
132-20   Session, 1997, is amended to read as follows:
132-21               (2)  "Bank" means a depository institution as defined
132-22   by Article 21.07 of this code [national banking association
132-23   organized and existing under the National Bank Acts (12 U.S.C.
132-24   Section 21 et seq.), a state bank organized and existing under the
132-25   Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil
132-26   Statutes), a state savings bank organized and existing under the
132-27   Texas Savings Bank Act (Article 489e, Vernon's Texas Civil
 133-1   Statutes), a bank branch, or a bank operating subsidiary, as
 133-2   defined by state or federal law, that is located and doing business
 133-3   in this state in a place with a population of 5,000 or less].
 133-4         SECTION 7.10. Article 22.14, Insurance Code, is amended to
 133-5   read as follows:
 133-6         Art. 22.14.  LICENSING OF AGENTS.  All agents of stipulated
 133-7   premium companies shall be licensed in accordance with the
 133-8   provisions of Subchapter A [Art. 21.07] of Chapter 21 of this Code.
 133-9         SECTION 7.11. Chapter 23, Insurance Code, is amended by
133-10   adding Article 23.23A to read as follows:
133-11         Art. 23.23A.  REGULATION OF AGENTS.  The licensing and
133-12   regulation of an agent authorized to solicit prepaid legal services
133-13   contracts for corporations complying with this chapter is subject
133-14   to Subchapter A, Chapter 21, of this code.
133-15         SECTION 7.12. Article 25.06, Insurance Code, is amended to
133-16   read as follows:
133-17         Art. 25.06.  AGENTS' LICENSES. Subchapter A, Chapter 21, of
133-18   this code applies to the licensing and regulation of an agent
133-19   authorized to solicit job protection insurance for an insurance
133-20   carrier under this chapter [Any individual who solicits insurance,
133-21   as defined in Article 21.02 of this code, on behalf of an insurance
133-22   carrier operating exclusively under this chapter, must comply with
133-23   the requirements of Article 21.07 of this code, except that no
133-24   written examination is required for issuance of the license].
133-25                          ARTICLE 8.  REPEALER
133-26         SECTION 8.01.  The following laws are repealed:
133-27               (1)  Sections 4(f), (g), and (h), Article 1.14-2,
 134-1   Insurance Code;
 134-2               (2)  Section 15, Article 17.25, Insurance Code;
 134-3               (3)  Sections 1, 3, 4, and 6, Article 21.01-2,
 134-4   Insurance Code;
 134-5               (4)  Article 21.02-1, Insurance Code;
 134-6               (5)  Article 21.05, Insurance Code;
 134-7               (6)  Article 21.06, Insurance Code;
 134-8               (7)  the following sections of Article 21.07, Insurance
 134-9   Code:             
134-10                     (A)  Sections 1B and 1C; and
134-11                     (B)  Sections 3, 3B, 4, 4A, 5, 6A, 7, 8, 9, 10,
134-12   10A, 11, 12, 13, 14, 15, 15A, 16, 17, 18, 19, and 20;
134-13               (8)  Article 21.07A, Insurance Code;
134-14               (9)  Chapter 213, Acts of the 54th Legislature, Regular
134-15   Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
134-16               (10)  the following sections of the Managing General
134-17   Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
134-18   Code):
134-19                     (A)  Sections 4A, 4B, and 4C;
134-20                     (B)  Section 5(h);
134-21                     (C)  Sections 6 and 6A;
134-22                     (D)  Sections 8, 9, and 10;
134-23                     (E)  Sections 12, 13, 14, and 15;
134-24                     (F)  Section 17; and
134-25                     (G)  Section 20;
134-26               (11)  Section 2(d), Article 21.11, Insurance Code;
134-27               (12)  Section 14, Article 21.14-1, Insurance Code;
 135-1               (13)  Article 21.15, Insurance Code;
 135-2               (14)  Article 21.15-2, Insurance Code;
 135-3               (15)  Article 21.15-3, Insurance Code;
 135-4               (16)  Article 21.15-4, Insurance Code;
 135-5               (17)  Article 21.15-7, Insurance Code;
 135-6               (18)  Section 10, Article 21.58A, Insurance Code; and
 135-7               (19)  Article 23.23, Insurance Code.
 135-8               ARTICLE 9.  GRANDFATHER CLAUSE; TRANSITION
 135-9         SECTION 9.01.  On the effective date of this Act, a person
135-10   who holds a license issued by the Texas Department of Insurance
135-11   that is in good standing is:
135-12               (1)  considered licensed under the applicable licensing
135-13   law as amended by this Act;
135-14               (2)  entitled to act as an agent under the new license
135-15   type, subject to this article; and
135-16               (3)  subject to the provisions of the Insurance Code as
135-17   amended by this Act.
135-18         SECTION 9.02.  (a)  A person who, immediately before the
135-19   effective date of this Act, holds an  agent license issued by the
135-20   Texas Department of Insurance and who obtained that license by
135-21   passing a written examination administered by any entity allowed by
135-22   state law, including an insurance carrier, company, or state
135-23   testing contractor, is entitled to the appropriate license as
135-24   provided by Subchapter A, Chapter 21, Insurance Code, as amended by
135-25   this Act, without further examination.
135-26         (b)  A person who, immediately before the effective date of
135-27   this Act, holds an agent license issued by the Texas Department of
 136-1   Insurance before January 1, 2001, and who obtained that license
 136-2   without taking a written examination or who solicited insurance on
 136-3   behalf of a stipulated premium company, farm mutual company, or
 136-4   county mutual insurance company before January 1, 2001, is entitled
 136-5   to the appropriate license as provided by Subchapter A, Chapter 21,
 136-6   Insurance Code, as amended by this Act, but must pass the
 136-7   appropriate license examination not later than the second
 136-8   anniversary of the date of issuance to retain the license.  The
 136-9   license of a person who does not pass the license examination as
136-10   required by this subsection expires on the second anniversary of
136-11   the date of issuance and may not be renewed.
136-12         (c)  A person who, immediately before the effective date of
136-13   this Act, holds an agent license issued by the Texas Department of
136-14   Insurance on or after January 1, 2001, and who obtained that
136-15   license without taking a written examination or who solicited
136-16   insurance on behalf of a stipulated premium company, farm mutual
136-17   company, or county mutual insurance company on or after January 1,
136-18   2001, but before the effective date of this Act, is entitled to the
136-19   appropriate license as provided by Subchapter A, Chapter 21,
136-20   Insurance Code, as amended by this Act, but must pass the
136-21   appropriate license examination not later than May 31, 2002, to
136-22   retain the license.  The license of a person who does not pass the
136-23   license examination as required by this subsection expires on May
136-24   31, 2002.
136-25         (d)  A person who has solicited insurance on behalf of a
136-26   stipulated premium company, farm mutual company, or county mutual
136-27   insurance company for at least 24 months before the effective date
 137-1   of this Act is entitled to the appropriate license and any renewal
 137-2   license as provided by Subchapter A, Chapter 21, Insurance Code, as
 137-3   amended by this Act, without further examination.
 137-4         (e)  The continuing education requirements of Subchapter A,
 137-5   Chapter 21, Insurance Code, as amended by this Act, do not apply to
 137-6   a person who, immediately before the effective date of this Act,
 137-7   has been licensed by the Texas Department of Insurance as a
 137-8   resident insurance agent under Article 21.07-1, Insurance Code, the
 137-9   Managing General Agents' Licensing Act (Article 21.07-3, Vernon's
137-10   Texas Insurance Code), or Article 21.14, Insurance Code, for at
137-11   least 20 years.
137-12                 ARTICLE 10.  EFFECTIVE DATE; TRANSITION
137-13         SECTION 10.01.  (a)  This Act takes effect September 1, 2001.
137-14         (b)  Section 3, Article 21.01-1, Insurance Code, as amended
137-15   by this Act, applies to continuing education requirements for
137-16   insurance agents for a renewal of a license that occurs on or after
137-17   January 1, 2003.