By Dunnam                                             H.B. No. 1384
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the termination of agreements with certain insurance
 1-3     agents.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.14A to read as follows:
 1-7           Art. 21.14A.  PROCEDURES AND REVIEW ON TERMINATION OF LOCAL
 1-8     RECORDING AGENT OR SOLICITOR
 1-9           Sec. 1.  DEFINITION. In this article, "agent" means a captive
1-10     agent who is licensed as a local recording agent or a solicitor as
1-11     those terms are defined by Section 2, Article 21.14, of this code.
1-12           Sec. 2.  TERMINATION FOR CAUSE.  (a)  An insurer may
1-13     terminate a contractual agreement with an agent because:
1-14                 (1)  the agent is insolvent;
1-15                 (2)  the agent breaches a fiduciary duty or trust;
1-16                 (3)  the agent fails to perform duties in accordance
1-17     with the contractual agreement;
1-18                 (4)  the agent commits gross and wilful misconduct;
1-19                 (5)  the agent fails to pay to the insurer money owed
1-20     to the insurer after receipt by the agent of a written demand for
1-21     the money from the insurer; or
1-22                 (6)  the department revokes the agent's license.
1-23           (b)  The termination by an insurer of a contractual agreement
1-24     with an agent for a cause described by Subsection (a) of this
 2-1     section is not a wrongful or unjustified termination for purposes
 2-2     of this article.
 2-3           Sec. 3.  PROHIBITED GROUNDS FOR TERMINATION.  (a)  An insurer
 2-4     may not cancel or terminate a contractual agreement with an agent
 2-5     or reduce or restrict an agent's authority to conduct business
 2-6     under the contract:
 2-7                 (1)  based on the loss experience for the agent's
 2-8     customers and former customers if:
 2-9                       (A)  the agent followed underwriting guidelines
2-10     current at the time coverage for the customers was written;
2-11                       (B)  the insurer required the agent to submit the
2-12     application for insurance for underwriting approval by the insurer;
2-13                       (C)  all material information on the application
2-14     was fully completed;
2-15                       (D)  the information provided by the applicant
2-16     for insurance was not altered or omitted on the application by the
2-17     agent; and
2-18                       (E)  the policy was subject to approval by the
2-19     insurer; or
2-20                 (2)  because of the predominant geographic location of
2-21     the agent's customers.
2-22           (b)  An insurer may not, in order to avoid the prohibition
2-23     provided by Subsection (a) of this section, commit any of the
2-24     following acts in a manner designed to impact a selected agent or
2-25     the business produced by that agent:
2-26                 (1)  condition the acceptance of any type of property
2-27     or casualty insurance on the sale of other types of insurance:
 3-1                       (A)  to the same customers of the agent; or
 3-2                       (B)  as a percentage of the agent's total sales; 
 3-3                 (2)  restrict or limit the number of policies an agent
 3-4     may sell unless all agents of that insurer are subject to analogous
 3-5     restrictions or limitations;
 3-6                 (3)  restrict or limit the types of insurance coverage
 3-7     or amounts of insurance an agent may sell unless all agents of that
 3-8     insurer are subject to analogous restrictions or limitations; or
 3-9                 (4)  reduce an agent's level of compensation or
3-10     commission unless all agents of that insurer are subject to similar
3-11     reductions.
3-12           (c)  The termination by an insurer of a contractual agreement
3-13     with an agent in violation of Subsection (a) of this section may be
3-14     a wrongful or unjustified termination for purposes of this article.
3-15           SECTION 2.  This Act takes effect September 1, 2001.