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.