By Smithee                                            H.B. No. 1945
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rulemaking authority of the commissioner of
 1-3     insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 36.001, Insurance Code, is amended to
 1-6     read as follows:
 1-7           Sec. 36.001.  [RULES FOR] GENERAL RULEMAKING AUTHORITY [AND
 1-8     UNIFORM APPLICATION]. (a)  The commissioner may adopt rules
 1-9     necessary and appropriate to implement [for the conduct and
1-10     execution of] the powers and duties of the department authorized
1-11     under this code and the other laws of this state [only as
1-12     authorized by statute].
1-13           (b)  Rules adopted under this section must have general and
1-14     uniform application.
1-15           [(c)  The commissioner shall publish the rules in a format
1-16     organized by subject matter.  The published rules shall be kept
1-17     current and be available in a form convenient to any interested
1-18     person.]
1-19           SECTION 2.  Section 36.004, Insurance Code, is amended to
1-20     read as follows:
1-21           Sec. 36.004.  COMPLIANCE WITH NATIONAL ASSOCIATION OF
1-22     INSURANCE COMMISSIONERS REQUIREMENTS. Except as provided by Section
1-23     36.005, the [The] department may not require an insurer to comply
1-24     with a rule, regulation, directive, or standard adopted by the
 2-1     National Association of Insurance Commissioners, including a rule,
 2-2     regulation, directive, or standard relating to policy reserves,
 2-3     unless application of the rule, regulation, directive, or standard
 2-4     is expressly authorized by statute and approved by the
 2-5     commissioner.
 2-6           SECTION 3.  Subchapter A, Chapter 36, Insurance Code, is
 2-7     amended by adding Section 36.005 to read as follows:
 2-8           Sec. 36.005.  ADOPTION OF INTERIM RULES TO COMPLY WITH
 2-9     FEDERAL REQUIREMENTS. (a)  The commissioner may adopt rules to
2-10     implement state responsibility in compliance with a federal law or
2-11     regulation, or an action of a federal court relating to a person or
2-12     activity under the jurisdiction of the department, if:
2-13                 (1)  a federal law or regulation, or an action of a
2-14     federal court, requires:
2-15                       (A)  a state to adopt the rules; or
2-16                       (B)  action by a state to ensure protection of
2-17     the citizens of the state;
2-18                 (2)  the rules will avoid federal preemption of state
2-19     insurance regulation; or
2-20                 (3)  the rules will prevent the loss of federal funds
2-21     to this state.
2-22           (b)  The commissioner may adopt a rule under this section
2-23     only if the federal action necessitating adoption of the rule
2-24     occurs or takes effect while the legislature is not in session or
2-25     at a time during a session of the legislature in which sufficient
2-26     time does not exist to prepare a recommendation for legislative
2-27     action or permit the legislature to act.  A rule adopted under this
 3-1     section remains in effect until the expiration of the 30th day
 3-2     after the final day of the next succeeding session of the
 3-3     legislature, unless the legislature enacts a law that authorizes
 3-4     the subject matter of the rule.  If a law is enacted that
 3-5     authorizes the subject matter of the rule, the rule continues in
 3-6     effect.
 3-7           SECTION 4.  Article 3.42(p), Insurance Code, is amended to
 3-8     read as follows:
 3-9           (p)  The commissioner may [is hereby authorized to] adopt
3-10     [such] reasonable rules [and regulations] as [are] necessary to
3-11     implement and accomplish the [specific provisions of this Article
3-12     and are within the standards and] purposes of this Article.  The
3-13     commissioner shall adopt rules under this Article in compliance
3-14     with Chapter 2001, Government Code (Administrative Procedure Act).
3-15     A rule adopted under this Article may not be repealed or amended
3-16     until after the first anniversary of the adoption of the rule
3-17     unless the commissioner finds that it is in the significant and
3-18     material interests of the citizens of this state or that it is
3-19     necessary as a result of legislative enactment to amend, repeal, or
3-20     adopt a [in a public hearing after notice that there is a
3-21     compelling public need for the amendment or repeal of the] rule or
3-22     part of a [the] rule.
3-23           SECTION 5.  Section 36.002, Insurance Code, is repealed.
3-24           SECTION 6.  This Act takes effect immediately if it receives
3-25     a vote of two-thirds of all the members elected to each house, as
3-26     provided by Section 39, Article III, Texas Constitution.  If this
3-27     Act does not receive the vote necessary for immediate effect, this
 4-1     Act takes effect September 1, 2001.