1-1     By:  Madla                                             S.B. No. 414
 1-2           (In the Senate - Filed January 25, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on Business and Commerce;
 1-4     February 26, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     February 26, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 414             By:  Van de Putte
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of certain insurance agents and to the
1-11     consolidation of insurance agent licenses; providing penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13                ARTICLE 1.  GENERAL PROVISIONS APPLICABLE TO
1-14                            ALL INSURANCE AGENTS
1-15           SECTION 1.01.  Article 21.01, Insurance Code, is amended to
1-16     read as follows:
1-17           Art. 21.01.  PURPOSE; CONSOLIDATION OF LICENSES; APPLICATION;
1-18     CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED; RULEMAKING AUTHORITY
1-19           Sec. 1.  PURPOSE.  It is the intent of the legislature to:
1-20                 (1)  simplify and reform the regulation of insurance
1-21     agents in this state by consolidating the types of licenses issued
1-22     to insurance agents under this subchapter; and
1-23                 (2)  promote uniformity in the licensing, examination,
1-24     continuing education, and disciplinary requirements for agents in
1-25     this state and with other states.
1-26           Sec. 2.  CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED.  It
1-27     shall not be lawful for any person to act [within this State], as
1-28     an agent or otherwise, in soliciting or receiving applications for
1-29     insurance of any kind whatever in this state, or in any manner to
1-30     aid in the transaction of the business of any insurance company
1-31     incorporated in this state [State], or out of it, without first
1-32     procuring a license or certificate of authority from the department
1-33     [Board].
1-34           Sec. 3.  APPLICATION.  Except as otherwise provided by this
1-35     code, this subchapter applies to each person licensed in accordance
1-36     with:
1-37                 (1)  Section 4, Article 1.14-2, of this code;
1-38                 (2)  Section 7, Article 3.75, of this code;
1-39                 (3)  Subsection (c), Article 5.13-1, of this code;
1-40                 (4)  Article 10.37-3 of this code;
1-41                 (5)  Article 16.24A of this code;
1-42                 (6)  Section 9, Article 17.25, of this code;
1-43                 (7)  Article 21.07 of this code;
1-44                 (8)  Article 21.07-1 of this code;
1-45                 (9)  Chapter 29, Acts of the 54th Legislature, Regular
1-46     Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
1-47                 (10)  the Managing General Agents' Licensing Act
1-48     (Article 21.07-3, Vernon's Texas Insurance Code);
1-49                 (11)  Chapter 407, Acts of the 63rd Legislature,
1-50     Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
1-51     Code);
1-52                 (12)  Article 21.07-6 of this code;
1-53                 (13)  Article 21.07-7 of this code;
1-54                 (14)  Article 21.09 of this code;
1-55                 (15)  Article 21.11 of this code;
1-56                 (16)  Article 21.14 of this code;
1-57                 (17)  Article 21.14-1 of this code;
1-58                 (18)  Article 21.14-2 of this code; or
1-59                 (19)  Article 23.23A of this code.
1-60           Sec. 4.  RULES.  The commissioner may adopt rules as
1-61     necessary to implement this subchapter and to meet the minimum
1-62     requirements of federal law and regulations.
1-63           SECTION 1.02.  Article 21.01-1, Insurance Code, is amended to
1-64     read as follows:
 2-1           Art. 21.01-1.  AGENTS' QUALIFYING EXAMINATION; CONTINUING
 2-2     EDUCATION REQUIREMENTS FOR AGENTS
 2-3           Sec. 1.  EXAMINATION ADMINISTRATION.  (a)  The commissioner
 2-4     [State Board of Insurance] may[, at its discretion,] accept
 2-5     examinations administered by a testing service as satisfying the
 2-6     examination requirements of persons seeking license as agents,
 2-7     [solicitors,] counselors, or adjusters under this code.  The
 2-8     commissioner [State Board of Insurance] may negotiate agreements
 2-9     with such testing services to include performance of examination
2-10     development, test scheduling, examination site arrangements, and
2-11     test administration, grading, reporting and analysis.  The
2-12     commissioner [State Board of Insurance] may require such testing
2-13     services to correspond directly with the applicants with regard to
2-14     the administration of such examinations and that such testing
2-15     services collect fees for administering such examinations directly
2-16     from the applicants.  The commissioner [State Board of Insurance]
2-17     may stipulate that any agreements with such testing services
2-18     provide for the administration of examinations in specific locales
2-19     and at specified frequencies.  The commissioner [State Board of
2-20     Insurance] shall retain the authority to establish the scope and
2-21     type of all examinations.  Prior to negotiating and making any
2-22     agreement with any testing service as authorized hereby, the
2-23     commissioner [State Board of Insurance] shall hold a public hearing
2-24     [thereon] in accordance with Chapter 2001, Government Code [the
2-25     provisions of Section 5 of the Administrative Procedure and Texas
2-26     Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)],
2-27     and shall adopt such rules[, regulations,] and standards as may be
2-28     deemed appropriate by the commissioner [Board] to implement the
2-29     authority granted in this article [Article].
2-30           (b)  The commissioner may appoint advisory boards consisting
2-31     of any of the following persons:  persons holding a license for
2-32     which the respective examinations are intended, persons who are
2-33     employed by insurance companies appointing such licensees, persons
2-34     acting as general agents or managers, persons teaching insurance at
2-35     an accredited college or university in Texas, persons who are
2-36     citizens of the State of Texas but who are not of any of the
2-37     preceding descriptions, or any combination of such persons.  The
2-38     function of such advisory boards will be to make recommendations to
2-39     the commissioner [State Board of Insurance] or the testing service
2-40     with respect to the scope, type, and conduct of such examinations
2-41     and the times and places within the state where they shall be held.
2-42     The members of such advisory boards shall serve without pay but
2-43     shall be reimbursed for their reasonable expenses in attending
2-44     meetings of their respective advisory boards.
2-45           (c)  In the absence of an agreement with a testing service,
2-46     the department [State Board of Insurance] shall administer any
2-47     required qualifying examination in accordance with this article
2-48     [the provisions of the respective statutes governing the issuance
2-49     of the license sought by the applicant].  The commissioner may
2-50     adopt rules relating to the scope, type, and conduct of the written
2-51     examinations and the times and places in this state at which the
2-52     examinations will be conducted.  The commissioner's rules may
2-53     designate textbooks, manuals, and other materials to be studied by
2-54     applicants in preparation for examinations conducted under this
2-55     subsection.  Those textbooks, manuals, or other materials may
2-56     consist of material available to an applicant by purchase from the
2-57     publisher or of material prepared at the direction of the
2-58     commissioner and distributed to an applicant on request and on
2-59     payment of the reasonable cost of the material.  All examination
2-60     questions shall be prepared from the contents of the textbooks,
2-61     manuals, and other materials designated or prepared by the
2-62     commissioner under this subsection.
2-63           (d)  Not later than the 30th day after the date on which a
2-64     licensing examination is administered under this code, the
2-65     department shall notify each examinee of the results of the
2-66     examination.  However, if an examination is graded or reviewed by a
2-67     testing service, the department shall notify each examinee
2-68     [examinees] of the results of the examination not later than the
2-69     14th day after the date on which the department receives the
 3-1     results from the testing service.  If the notice of examination
 3-2     results graded or reviewed by a testing service will be delayed for
 3-3     longer than 90 days after the examination date, the department
 3-4     shall notify the examinee of the reason for the delay before the
 3-5     90th day.  The department may require a testing service to notify
 3-6     examinees of the results of an examination.
 3-7           (e)  If requested in writing by a person who fails a
 3-8     licensing examination administered under this code, the department
 3-9     shall furnish the person with an analysis of the person's
3-10     performance on the examination.
3-11           Sec. 2.  EXAMINATION OF LICENSE APPLICANT.  (a)  Except as
3-12     otherwise provided by this code, each applicant for a license to
3-13     act as an insurance agent in this state must submit to a personal
3-14     written examination that is prescribed by the commissioner and must
3-15     pass the examination to the satisfaction of the department.  The
3-16     examination shall determine the applicant's competence with respect
3-17     to:
3-18                 (1)  the type of insurance contracts for which the
3-19     applicant seeks a license;
3-20                 (2)  the laws of this state regulating the business of
3-21     insurance; and
3-22                 (3)  the ethical obligations and duties of an insurance
3-23     agent.
3-24           (b)  The department shall charge each applicant an
3-25     examination fee in an amount determined by the department as
3-26     necessary for administration of the examination.  The fee must
3-27     accompany each application to take the examination.  The fee is
3-28     nonrefundable other than for failure of the applicant to appear and
3-29     take the examination after the applicant has given at least 24
3-30     hours' notice of an emergency situation to the department and
3-31     received the department's approval of refund of the fee.
3-32           (c)  The commissioner shall prescribe a limited written
3-33     licensing examination for applicants for a limited license under
3-34     Article 21.07-1 or 21.14 of this code.  A limited examination shall
3-35     be administered according to the provisions of this article and
3-36     shall determine the applicant's competence and understanding of:
3-37                 (1)  the basic principles of insurance contracts;
3-38                 (2)  the basic laws of this state regulating the
3-39     business of insurance; and
3-40                 (3)  the ethical obligations and duties of an insurance
3-41     agent.
3-42           (d)  The department may not require a person to take an
3-43     examination under this article if the person is:
3-44                 (1)  an applicant for the renewal of an unexpired
3-45     license issued by the department;
3-46                 (2)  an applicant whose license issued by the
3-47     department expired less than one year before the date of the
3-48     application, if the previous license was not denied, revoked, or
3-49     suspended by the commissioner;
3-50                 (3)  a partnership, corporation, or depository
3-51     institution;
3-52                 (4)  an applicant for a life, accident, and health
3-53     license who has attained the designation of chartered life
3-54     underwriter (CLU);
3-55                 (5)  an applicant for a life and health insurance
3-56     counselor license who has attained the designation of chartered
3-57     life underwriter (CLU), chartered financial consultant (ChFC), or
3-58     certified financial planner (CFP);
3-59                 (6)  an applicant for a property and casualty license
3-60     who has attained the designation of chartered property and casualty
3-61     underwriter (CPCU);
3-62                 (7)  an applicant for a specialty license issued under
3-63     Article 21.09 of this code;
3-64                 (8)  a nonresident individual who is exempt from the
3-65     examination requirement under Article 21.11 of this code; or
3-66                 (9)  an applicant for a general life, accident, and
3-67     health license who was authorized to solicit or procure insurance
3-68     on behalf of a fraternal benefit society on September 1, 1999, if
3-69     the applicant:
 4-1                       (A)  solicited or procured insurance on behalf of
 4-2     the fraternal benefit society for at least 24 months preceding
 4-3     September 1, 1999;
 4-4                       (B)  does not solicit or procure insurance for
 4-5     any other insurer or a different fraternal benefit society on or
 4-6     after September 1, 1999;
 4-7                       (C)  does not solicit or procure an insurance
 4-8     contract on or after September 1, 1999, except from a person who is
 4-9     eligible for membership in the fraternal benefit society; and
4-10                       (D)  does not solicit or procure an
4-11     interest-sensitive life insurance contract that exceeds $35,000 of
4-12     coverage on an individual life on or after September 1, 1999,
4-13     unless the applicant has obtained the designation of "Fraternal
4-14     Insurance Counselor" at the time the contract is solicited or
4-15     procured.
4-16           (e)  A license to which the exemption authorized under
4-17     Subsection (d)(9) of this section applies must be held by the
4-18     applicant in an individual capacity and is not transferable.
4-19           (f)  Each examination administered under this article shall
4-20     be offered in English and Spanish.
4-21           Sec. 3.  CONTINUING EDUCATION REQUIREMENTS.  (a)  The
4-22     department has exclusive jurisdiction for all matters relating to
4-23     the continuing education of insurance agents who are licensed under
4-24     this code.
4-25           (b)  Except as provided by Subsection (d) of this section,
4-26     each individual who holds a license issued by the department shall
4-27     complete continuing education.  All required continuing education
4-28     hours must be completed before the expiration date of the
4-29     individual's license.  An individual who holds a general life,
4-30     accident, and health license, a life and health insurance counselor
4-31     license, or a general property and casualty license shall complete
4-32     15 hours of continuing education annually.  The agent may not be
4-33     required to complete more than 15 continuing education hours
4-34     annually as a result of holding more than one license for which
4-35     continuing education is required.  An individual who holds a
4-36     limited life, accident, and health license or a limited property
4-37     and casualty license shall complete five hours of continuing
4-38     education annually.  Each individual who holds a license issued by
4-39     the department shall complete four hours of continuing education in
4-40     ethics during each license renewal period.  At least 50 percent of
4-41     all required continuing education hours must be completed in a
4-42     classroom setting or a classroom equivalent setting approved by the
4-43     department.  The department may accept continuing education hours
4-44     completed in other professions or in association with professional
4-45     designations in an insurance-related field.
4-46           (c)  On a timely written request of an agent, the department
4-47     may extend the time for the agent to comply with the continuing
4-48     education requirements of this section or may exempt the agent from
4-49     some or all of the requirements for a licensing period if the
4-50     department finds that the agent is unable to comply with the
4-51     requirements because of illness, medical disability, or another
4-52     extenuating circumstance beyond the control of the agent.  The
4-53     commissioner by rule shall prescribe the criteria for an exemption
4-54     or extension under this subsection.
4-55           (d)  An individual who has continuously held a license issued
4-56     under this code to operate as an insurance agent for at least 20
4-57     years is exempt from the continuing education requirements of this
4-58     section.  The commissioner by rule may provide for other reasonable
4-59     exemptions.
4-60           (e)  The department shall certify continuing education
4-61     programs for agents.  Only a program that satisfies the criteria
4-62     established by rule by the commissioner may receive certification.
4-63     The certification criteria shall be designed to ensure that
4-64     continuing education programs enhance the knowledge, understanding,
4-65     and professional competence of the license holder.  A nonrefundable
4-66     certification fee, in an amount set by the commissioner as
4-67     necessary for administering this section, must accompany each
4-68     application for certification of a continuing education program.
4-69     The fee shall be established by rule and based on a graduated scale
 5-1     according to the number of hours required to complete the program.
 5-2           (f)  Each continuing education program provider shall
 5-3     register with the department as a course provider.  The department
 5-4     shall assess a registration fee for each application for
 5-5     registration as a provider, set by the commissioner in an amount
 5-6     necessary for the proper administration of this section.  The
 5-7     commissioner may adopt rules establishing the requirements for
 5-8     continuing education program providers.  The department may enter
 5-9     into agreements with independent contractors under which the
5-10     independent contractor certifies and registers continuing education
5-11     programs and providers.  The department may require those
5-12     independent contractors to correspond directly with providers with
5-13     regard to the administration of continuing education programs, and
5-14     the contractors may collect fees from the providers for
5-15     administration of the courses.  The department retains the
5-16     authority to establish the scope and type of continuing education
5-17     requirements for each type of license.
5-18           (g)  The commissioner may appoint an advisory council to
5-19     provide the commissioner with information and assistance in the
5-20     conduct of the continuing education program for agents licensed
5-21     under this subchapter.  If an advisory council is appointed, it
5-22     must be composed of nine members, four of whom must be public
5-23     members.  A public member is entitled to reimbursement for the
5-24     member's travel expenses as provided by Chapter 660, Government
5-25     Code, and the General Appropriations Act.  A public member may not:
5-26                 (1)  be an officer, director, or employee of an
5-27     insurance company, insurance agency, agent, broker, adjuster, or
5-28     any other business entity regulated by the department;
5-29                 (2)  be a person required to register with the Texas
5-30     Ethics Commission under Chapter 305, Government Code; or
5-31                 (3)  be related to a person described by Subdivision
5-32     (1) or (2) of this subsection within the second degree by affinity
5-33     or consanguinity, as determined under Chapter 573, Government Code.
5-34           SECTION 1.03.  Section 2, Article 21.01-2, Insurance Code, is
5-35     redesignated as Section 1A, Article 21.01-2, Insurance Code, and
5-36     amended to read as follows:
5-37           Sec. 1A [2].  EXPIRATION AND RENEWAL OF LICENSES.
5-38     (a)  Except as provided by a staggered renewal system adopted under
5-39     Subsection (j) of this section, each agent license issued by the
5-40     department expires on the second anniversary of the date of
5-41     issuance unless suspended or revoked by the commissioner.  The
5-42     commissioner by rule may change the two-year expiration period if
5-43     the commissioner finds that the change is necessary to promote a
5-44     uniform license period among this state and the other states.  A
5-45     person may renew a [an unexpired] license that has not expired or
5-46     has not been suspended or revoked by filing a properly completed
5-47     renewal application with the department in the form prescribed by
5-48     the department and paying to the department before the expiration
5-49     date of the license the required renewal fee.  A renewal fee paid
5-50     under this section is nonrefundable.
5-51           (b)  On the filing of a completed renewal application not
5-52     later than the expiration date of the license accompanied by the
5-53     renewal fee set by the commissioner, the original license continues
5-54     in force until:
5-55                 (1)  the department issues the renewal license; or
5-56                 (2)  the commissioner issues an order revoking the
5-57     license.
5-58           (c)  If a person's license has been expired for 90 days or
5-59     less, the person may renew the license by filing a renewal
5-60     application with the department in the form prescribed by the
5-61     department and paying to the department the required renewal fee
5-62     and an additional [a] fee that is equal to one-half of the renewal
5-63     [license] fee[, if any,] for the license.
5-64           (d)  If a person's license has been expired for more than 90
5-65     days but less than one year, the person may not renew the license,
5-66     but is entitled to a new license without taking the applicable
5-67     examination if the person submits to the department a new
5-68     application, the license fee, and an additional fee equal to
5-69     one-half of the license fee.
 6-1           (e) [(c)]  If a person's license has been expired for one
 6-2     year or more [longer than 90 days], the person may not renew the
 6-3     license.  The person may obtain a new license by submitting to
 6-4     reexamination, if examination is required for original issuance of
 6-5     the license, and complying with the requirements and procedures for
 6-6     obtaining an original license.
 6-7           (f)  The [However, the] department may renew without
 6-8     reexamination an expired license of a person who was licensed in
 6-9     this state, moved to another state, and is currently licensed and
6-10     has been in continual practice in the other state [for the two
6-11     years] preceding the date of the application.  The person must pay
6-12     to the department a fee that is equal to the license fee.
6-13           (g)  Not later than the 30th day after moving from one state
6-14     to another state, a nonresident or resident agent licensed in this
6-15     state shall file with the department:
6-16                 (1)  the agent's new address; and
6-17                 (2)  proof of authorization to engage in the business
6-18     of insurance in the new state of residence.
6-19           (h)  The department may not charge a fee or require a license
6-20     application under Subsection (g) of this section.
6-21           (i) [(d)]  At least 30 days before the expiration of a
6-22     person's license, the department shall send written notice of the
6-23     impending license expiration to the person at the person's last
6-24     known mailing address according to the records of the department.
6-25           (j) [(e)]  The commissioner by rule may adopt a system under
6-26     which licenses expire on various dates during a licensing period.
6-27     For the licensing period in which the license expiration is
6-28     changed, license fees shall be prorated [on a monthly basis] so
6-29     that each license holder shall pay only that portion of the license
6-30     fee that is allocable to the period [number of months] during which
6-31     the license is valid.  On renewal of the license on the new
6-32     expiration date, the total license renewal fee is payable.  The
6-33     commissioner shall adopt a system under which a person who holds
6-34     more than one license may renew all the licenses held in a single
6-35     process.
6-36           (k) [(f)]  This section is not applicable to a license issued
6-37     under Article 21.07-6 of this code.
6-38           SECTION 1.04.  Article 21.01-2, Insurance Code, is amended by
6-39     adding Section 2A to read as follows:
6-40           Sec. 2A.  PROHIBITED ACTIVITIES.  (a)  A person licensed
6-41     under this code who receives a commission or other consideration
6-42     for services as an insurance agent may not receive an additional
6-43     fee for those services provided to the same client except for a fee
6-44     described by Article 21.35A or 21.35B of this code.
6-45           (b)  An insurer or licensed insurance agent engaged in the
6-46     business of insurance in this state may not pay, directly or
6-47     indirectly, and may not accept, any commission or other valuable
6-48     consideration to or from any person for services performed by that
6-49     person as an insurance agent in this state unless the person holds
6-50     a license to act as an insurance agent as required by the laws of
6-51     this state.  This subsection does not prevent the payment or
6-52     receipt of renewal or other deferred commissions to or by any
6-53     person solely because the person has ceased to hold a license to
6-54     act as an insurance agent.
6-55           (c)  An insurance agent licensed under this code may not pay,
6-56     allow, or give, or offer to pay, allow, or give, directly or
6-57     indirectly, to any person who is not a licensed insurance agent,
6-58     any rebate of premiums payable, commission, paid employment, or
6-59     contract for service, or any other valuable consideration or
6-60     inducement, that is not specified in the policy or contract of
6-61     insurance for or on account of the solicitation or negotiation of
6-62     contracts of insurance.
6-63           (d)  In addition to any other penalty imposed under this
6-64     code, a person who is determined by the department to have
6-65     committed conduct described by this subsection is barred from
6-66     receiving a license as an insurance agent before the fifth
6-67     anniversary of the date of the determination.  This subsection
6-68     applies to a person who:
6-69                 (1)  acts as an insurance agent without holding a
 7-1     license under this code;
 7-2                 (2)  solicits a contract of insurance or acts as an
 7-3     insurance agent without having been appointed or designated by an
 7-4     authorized insurance company, association, or organization to do so
 7-5     as provided by this code;
 7-6                 (3)  solicits any contract of insurance or acts as an
 7-7     agent for a person, including an insurance company, association, or
 7-8     organization, not authorized to engage in the business of insurance
 7-9     in this state without holding a license issued under Article 1.14-2
7-10     of this code; or
7-11                 (4)  as an officer or representative of an insurance
7-12     company, knowingly contracts with or appoints as an agent a person
7-13     who does not hold a valid and outstanding license.
7-14           (e)  A person who has had an insurance license revoked in
7-15     this state or any other state may not solicit or otherwise transact
7-16     business under Chapter 10 of this code unless it is determined by
7-17     the department to be in the public interest, for good cause shown,
7-18     to allow the person to act in that capacity.
7-19           (f)  A person who has had an insurance license revoked in
7-20     this state or any other state may not act as an officer, director,
7-21     member, manager, or partner, or as a shareholder with a controlling
7-22     interest, of an entity licensed under this subchapter unless it is
7-23     determined by the department to be in the public interest, for good
7-24     cause shown, to allow the person to act in that capacity.
7-25           (g)  A property and casualty agent may not knowingly grant,
7-26     write, or permit a greater amount of insurance against loss by fire
7-27     than the reasonable value of the subject of the insurance.
7-28           (h)  An insurance agent licensed under this code may not pay,
7-29     allow, or give, or offer to pay, allow, or give, directly or
7-30     indirectly, to a person who is not a licensed insurance agent, a
7-31     fee or other valuable consideration for the referral of a customer
7-32     who seeks to purchase, or seeks an opinion on or advice regarding
7-33     an insurance product, based on the purchase of insurance by that
7-34     customer.
7-35           (i)  This section does not apply to a person who is licensed
7-36     under or holds a certificate of authority issued under Chapter 9 of
7-37     this code.
7-38           SECTION 1.05.  Section 5, Article 21.01-2, Insurance Code, is
7-39     redesignated as Section 3A, Article 21.01-2, Insurance Code, and
7-40     amended to read as follows:
7-41           Sec. 3A [5].  DENIAL OR REFUSAL OF LICENSE APPLICATION;
7-42     SUSPENSION OR REVOCATION OF LICENSES; DISCIPLINE OF LICENSE
7-43     HOLDERS.  (a)  In addition to any other remedy available under
7-44     Chapter 82 of this code, the [The] department may [shall] refuse to
7-45     issue an original license, revoke, suspend, or refuse to renew a
7-46     license, place on probation a person whose license has been
7-47     suspended, assess an administrative penalty, or reprimand a license
7-48     holder for a violation of this code, another insurance law of this
7-49     state, or a rule of the commissioner [or the board].  If a license
7-50     suspension is probated, the commissioner may require the person to:
7-51                 (1)  report regularly to the department on matters that
7-52     are the basis of the probation;
7-53                 (2)  limit the person's practice to the areas
7-54     prescribed by the department; or
7-55                 (3)  continue or review professional education until
7-56     the person attains a degree of skill satisfactory to the
7-57     commissioner in those areas that are the basis of the probation.
7-58           (b)  If the department proposes to refuse to issue an
7-59     original license, or to suspend, revoke, or refuse to renew a
7-60     license, the person affected is entitled to a hearing conducted by
7-61     the State Office of Administrative Hearings in accordance with
7-62     Chapter 40 [Article 1.33B] of this code.  Notice of the hearing
7-63     shall be provided to the person and to any insurance carrier
7-64     appearing on the application as desiring that the license be
7-65     issued.
7-66           (c)  The department may discipline a license holder or deny a
7-67     license application under this article if the department determines
7-68     that the applicant or license holder, individually or through any
7-69     officer, director, or shareholder:
 8-1                 (1)  has wilfully violated any provision of the
 8-2     insurance laws of this state;
 8-3                 (2)  has intentionally made a material misstatement in
 8-4     the license application;
 8-5                 (3)  has obtained, or attempted to obtain, a license by
 8-6     fraud or misrepresentation;
 8-7                 (4)  has misappropriated, converted to the applicant's
 8-8     or license holder's own use, or illegally withheld money belonging
 8-9     to:
8-10                       (A)  an insurer;
8-11                       (B)  a health maintenance organization; or
8-12                       (C)  an insured, enrollee, or beneficiary;
8-13                 (5)  has engaged in fraudulent or dishonest acts or
8-14     practices;
8-15                 (6)  has materially misrepresented the terms and
8-16     conditions of an insurance policy or contract, including a contract
8-17     relating to membership in a health maintenance organization;
8-18                 (7)  has made or issued, or caused to be made or
8-19     issued, any statement misrepresenting or making incomplete
8-20     comparisons regarding the terms or conditions of an insurance or
8-21     annuity contract legally issued by an insurer or a membership
8-22     issued by a health maintenance organization to induce the owner of
8-23     the contract or membership to forfeit or surrender the contract or
8-24     membership or allow it to lapse for the purpose of replacing the
8-25     contract or membership with another;
8-26                 (8)  is convicted of a felony;
8-27                 (9)  has offered or given a rebate of an insurance
8-28     premium or commission to an insured or enrollee;
8-29                 (10)  is not actively engaged in the soliciting or
8-30     writing of insurance for the public generally as required by
8-31     Section 2(c), Article 21.07, of this code; or
8-32                 (11)  has obtained or attempted to obtain a license,
8-33     not for the purpose of holding the license holder or applicant out
8-34     to the general public as an agent, but primarily for the purpose of
8-35     soliciting, negotiating, or procuring insurance or annuity
8-36     contracts or memberships covering:
8-37                       (A)  the applicant or license holder;
8-38                       (B)  a member of the applicant's or license
8-39     holder's family; or
8-40                       (C)  a business associate of the applicant or
8-41     license holder.
8-42           (d)  An individual whose license application is denied or
8-43     whose license has been revoked under this article may not apply for
8-44     any license as an insurance agent before the fifth anniversary of:
8-45                 (1)  the effective date of the denial or revocation; or
8-46                 (2)  if the applicant or license holder seeks judicial
8-47     review of the department's action, the date of the final court
8-48     order or decree affirming that action.
8-49           (e)  The commissioner may deny a timely application filed
8-50     under Subsection (d) of this section if the applicant does not show
8-51     good cause why the denial or revocation of the previous license
8-52     application or license should not be considered a bar to the
8-53     issuance of a new license.  This subsection does not apply to an
8-54     applicant whose license application was denied for failure to:
8-55                 (1)  pass a required written examination; or
8-56                 (2)  submit a properly completed license application.
8-57           (f)  Instead of or in addition to taking disciplinary action
8-58     under this section, the department may order that a license holder
8-59     who is currently afflicted with a disability be placed on
8-60     disability probation under the terms and conditions specified under
8-61     Article 21.15-6 of this code and department rules.
8-62           (g)  The department may institute a disciplinary proceeding
8-63     against a license holder for conduct that the license holder
8-64     committed before the effective date of a voluntary surrender or
8-65     automatic forfeiture of the license.  In the proceeding, the fact
8-66     that the license holder has surrendered or forfeited the license
8-67     does not affect the license holder's culpability for that conduct.
8-68           (h)  Subsections (c)-(f) of this section do not apply to a
8-69     person who is licensed under or holds a certificate of authority
 9-1     issued under Chapter 9 of this code.  [The commissioner shall
 9-2     prescribe procedures by which all decisions to deny, suspend, or
 9-3     revoke a license, or to refuse to renew a license, are made by or
 9-4     are appealable to the commissioner.]
 9-5           SECTION 1.06.  Article 21.01-2, Insurance Code, is amended by
 9-6     adding Sections 4A, 5A, and 6A to read as follows:
 9-7           Sec. 4A.  JUDICIAL REVIEW.  A license applicant or license
 9-8     holder may appeal as provided by Chapter 36 of this code if:
 9-9                 (1)  the commissioner:
9-10                       (A)  refuses an application for a license as
9-11     provided by this article; or
9-12                       (B)  suspends, revokes, or refuses to renew a
9-13     license at a hearing as provided by this article; and
9-14                 (2)  the applicant or license holder is dissatisfied
9-15     with the action of the commissioner.
9-16           Sec. 5A.  AUTOMATIC FINES.  (a)  To expedite the department's
9-17     processing of certain violations of this code, the commissioner may
9-18     establish by rule monetary fines for certain violations.
9-19     Violations for which the fines may be assessed include a failure
9-20     to:
9-21                 (1)  obtain the total number of continuing education
9-22     hours before the renewal date of the license;
9-23                 (2)  timely report a change of address to the
9-24     department; or
9-25                 (3)  notify the department of an administrative action
9-26     taken against the agent by another state or federal financial or
9-27     insurance regulator.
9-28           (b)  This section does not limit the department's authority
9-29     to take any other disciplinary action against a license holder as
9-30     provided under another provision of this code.
9-31           (c)  If a person disputes the assessment of a fine under this
9-32     section, the matter is a contested case subject to Chapter 2001,
9-33     Government Code.
9-34           Sec. 6A.  ENFORCEMENT OF SUBCHAPTER.  The attorney general, a
9-35     district or county attorney, or the department acting through the
9-36     commissioner may institute an injunction proceeding or any other
9-37     proceeding to enforce this subchapter and to enjoin any person,
9-38     firm, corporation, or depository institution from engaging or
9-39     attempting to engage in the business of insurance in violation of
9-40     this code or any other insurance law of this state.  The provisions
9-41     of this section are cumulative of the other penalties or remedies
9-42     provided by this article.
9-43           SECTION 1.07.  Article 21.02, Insurance Code, is amended to
9-44     read as follows:
9-45           Art. 21.02.  WHO ARE AGENTS.  (a)  Any person who solicits
9-46     insurance on behalf of any insurance company, whether incorporated
9-47     under the laws of this or any other state or foreign government, or
9-48     who takes or transmits other than for himself any application for
9-49     insurance or any policy of insurance to or from such company, or
9-50     who advertises or otherwise gives notice that he will receive or
9-51     transmit the same, or who shall receive or deliver a policy of
9-52     insurance of any such company, or who shall examine or inspect any
9-53     risk, or receive, or collect, or transmit any premium of insurance,
9-54     or make or forward any diagram of any building or buildings, or do
9-55     or perform any other act or thing in the making or consummating of
9-56     any contract of insurance for or with any such insurance company
9-57     other than for himself, or who shall examine into, or adjust, or
9-58     aid in adjusting, any loss for or on behalf of any such insurance
9-59     company, whether any of such acts shall be done at the instance or
9-60     request, or by the employment of such insurance company, or of, or
9-61     by, any broker or other person, shall be held to be the agent of
9-62     the company for which the act is done, or the risk is taken, as far
9-63     as relates to all the liabilities, duties, requirements and
9-64     penalties set forth in this chapter.  This article does not
9-65     authorize an agent to orally, in writing, or otherwise alter,
9-66     amend, modify, waive, or change a term or condition of an insurance
9-67     policy or application for an insurance policy.  The provisions of
9-68     this subchapter shall not apply to citizens of this State who
9-69     arbitrate in the adjustment of losses between the insurers and
 10-1    insured, nor to the adjustment of particular or general average
 10-2    losses of vessels or cargoes by marine adjusters who had paid an
 10-3    occupation tax of $200 [Two Hundred ($200.00) Dollars] for the year
 10-4    in which the adjustment is made, nor to practicing attorneys at law
 10-5    in the State of Texas, acting in the regular transaction of their
 10-6    business as such attorneys at law, and who are not local agents,
 10-7    nor acting as adjusters for any insurance company.  Any person who
 10-8    shall do any of the acts mentioned in this article for or on behalf
 10-9    of any insurance company without such company having first complied
10-10    with the requirements of the laws of this State, shall be
10-11    personally liable to the holder of any policy of insurance in
10-12    respect of which such act was done for any loss covered by the
10-13    same.
10-14          (b)  The referral by an unlicensed person of a customer or
10-15    potential customer to a licensed insurance agent is not an act of
10-16    an agent under this article, unless the unlicensed person discusses
10-17    specific insurance policy terms or conditions with the customer or
10-18    potential customer.
10-19          SECTION 1.08.  Article 21.04, Insurance Code, is amended to
10-20    read as follows:
10-21          Art. 21.04.  LICENSE HOLDER [SOLICITOR] DEEMED COMPANY'S
10-22    AGENT.  Any person who solicits an application for life, accident,
10-23    or health insurance, or property or casualty insurance, shall, in
10-24    any controversy between the insured or the insured's beneficiary
10-25    and the company issuing any policy upon such application or between
10-26    the insured or the insured's dependents and that company, be
10-27    regarded as the agent of the company, and not the agent of the
10-28    insured, but such agent shall not have the power to waive, change
10-29    or alter any of the terms or conditions of the application or
10-30    policy.
10-31          SECTION 1.09.  Section 1, Article 21.07, Insurance Code, is
10-32    amended to read as follows:
10-33          Sec. 1.  APPLICABILITY OF ARTICLE [ACT].  (a)  No person[,
10-34    corporation, or bank] shall act as an agent of any insurance
10-35    company, health maintenance organization, or [(i) local mutual aid
10-36    association, (ii) local mutual burial association, (iii) statewide
10-37    mutual assessment corporation, (iv) stipulated premium company, (v)
10-38    county mutual insurance company, (vi) casualty company writing
10-39    accident and health insurance, or (vii) any] other type of
10-40    insurance carrier licensed to do business in the State of Texas and
10-41    which insurance carrier's agents are required to be licensed under
10-42    the provisions of this code [Article, on the date that this Act
10-43    shall become effective,] unless that person [individual or entity]
10-44    shall have first procured a license from the department as [in this
10-45    Article is] provided by this subchapter, and no such insurance
10-46    carrier shall appoint any person[, corporation, or bank] to act as
10-47    its agent unless such person[, corporation, or bank] shall have
10-48    obtained a license under the provisions of this subchapter
10-49    [Article], and no such person[, corporation, or bank] who obtains a
10-50    license shall engage in business as an agent until that person
10-51    [individual or entity] shall have been appointed to act as an agent
10-52    by some duly authorized insurance carrier designated by the
10-53    provisions of this code [Article] and authorized to do business in
10-54    the State of Texas.  [Any person, corporation, or bank desiring to
10-55    act as an agent of any insurance carrier licensed to do business in
10-56    the State of Texas and writing health and accident insurance may
10-57    obtain a separate license as an agent to write health and accident
10-58    insurance provided such person, corporation, or bank complies with
10-59    the provisions of this Article and has been appointed to act as an
10-60    agent by some duly authorized insurance carrier authorized to do
10-61    health and accident insurance business in the State of Texas.]
10-62          (b)  This subchapter does not apply to:
10-63                (1)  an actual full-time home office salaried employee
10-64    of an insurance carrier licensed to do business in this state,
10-65    other than an employee who solicits or receives an application for
10-66    the sale of insurance through an oral, written, or electronic
10-67    communication in accordance with Article 21.14 of this code;
10-68                (2)  an actual attorney in fact or the actual traveling
10-69    salaried representative of a reciprocal exchange or interinsurance
 11-1    exchange admitted to do business in this state as to business
 11-2    transacted through the attorney in fact or salaried representative;
 11-3                (3)  the actual attorney in fact for a Lloyd's plan
 11-4    insurer;
 11-5                (4)  the group motor vehicle insurance business or the
 11-6    group motor vehicle department of companies engaged in that
 11-7    business; or
 11-8                (5)  a salaried employee who is not involved in the
 11-9    solicitation or negotiation of insurance in the office of a
11-10    licensed agent who devotes the employee's full time to clerical and
11-11    administrative services, including the incidental taking of
11-12    information from customers and receipt of premiums in the office of
11-13    a licensed agent, if the employee does not receive any commissions
11-14    and the employee's compensation is not varied by the volume of
11-15    premiums taken and received.  [No insurer or licensed insurance
11-16    agent doing business in this State shall pay directly or indirectly
11-17    any commission, or other valuable consideration, to any person,
11-18    corporation, or bank for services as an insurance agent within this
11-19    State, unless such person, corporation, or bank shall hold a
11-20    currently valid license to act as an insurance agent as required by
11-21    the laws of this State; nor shall any person, corporation, or bank
11-22    other than a duly licensed insurance agent, accept any such
11-23    commission or other valuable consideration; provided, however, that
11-24    the provisions of this Section shall not prevent the payment or
11-25    receipt of renewal or other deferred commissions to or by any
11-26    person solely because such person, corporation, or bank has ceased
11-27    to hold a license to act as an insurance agent.]
11-28          [(c)  A person who has had a license revoked under Section 10
11-29    of this article may not solicit or otherwise transact business
11-30    under Chapter 10 of this code.]
11-31          SECTION 1.10.  Section 1A, Article 21.07, Insurance Code, is
11-32    amended to read as follows:
11-33          Sec. 1A.  DEFINITIONS.  Unless the context clearly indicates
11-34    otherwise, in [In] this subchapter:
11-35                (1)  "Agent" means a person who is an authorized agent
11-36    of an insurance company or health maintenance organization, any
11-37    person who is a subagent of an agent, and any other person who
11-38    performs the acts of an agent, whether through an oral, written, or
11-39    electronic communication or otherwise, in the solicitation of,
11-40    negotiation for, procurement of, or collection of premiums on an
11-41    insurance or annuity contract, or who represents or purports to
11-42    represent a health maintenance organization, including a health
11-43    maintenance organization offering only a single health care service
11-44    plan, in the solicitation of, negotiation for, procurement of, or
11-45    effectuation of membership in the health maintenance organization.
11-46    The term does not include:
11-47                      (A)  a regular salaried officer or employee of an
11-48    insurance company, health maintenance organization, or insurance
11-49    agent who:
11-50                            (i)  devotes substantially all of the
11-51    officer's or employee's time to activities other than the
11-52    solicitation of applications for insurance, annuity contracts, or
11-53    memberships;
11-54                            (ii)  does not receive a commission or
11-55    other compensation directly dependent on the business obtained; and
11-56                            (iii)  does not solicit or accept from the
11-57    public applications for insurance, annuity contracts, or
11-58    memberships;
11-59                      (B)  an employer or an employer's officers or
11-60    employees or the trustees of an employee benefit plan, to the
11-61    extent that those employers, officers, employees, or trustees are
11-62    engaged in the administration or operation of any program of
11-63    employee benefits involving the use of insurance or annuities
11-64    issued by an insurance company or memberships issued by a health
11-65    maintenance organization, if those employers, officers, employees,
11-66    or trustees are not compensated, directly or indirectly, by the
11-67    insurance company or health maintenance organization issuing the
11-68    insurance or annuity contracts or memberships;
11-69                      (C)  except as otherwise provided by this code, a
 12-1    depository institution, or the officers and employees of a
 12-2    depository institution, to the extent that the depository
 12-3    institution or officers and employees collect and remit premiums or
 12-4    charges by charging those premiums or charges against accounts of
 12-5    depositors on the orders of those depositors; or
 12-6                      (D)  a person or the employee of a person who has
 12-7    contracted to provide administrative, management, or health care
 12-8    services to a health maintenance organization and who is
 12-9    compensated for those services by the payment of an amount computed
12-10    as a percentage of the revenues, net income, or profit of the
12-11    health maintenance organization, if that method of compensation is
12-12    the sole basis for subjecting that person or the employee of the
12-13    person to this article.
12-14                (2)  "Control" means the power to direct or cause the
12-15    direction of the management and policies of a license holder,
12-16    whether directly or indirectly.  For the purposes of this
12-17    subchapter, a person is considered to control:
12-18                      (A)  a corporate license holder if the person,
12-19    individually or acting with others, directly or indirectly, holds
12-20    with the power to vote, owns, or controls, or holds proxies
12-21    representing, at least 10 percent of the voting stock or voting
12-22    rights of the corporate license holder; or
12-23                      (B)  a partnership if the person through a right
12-24    to vote or through any other right or power exercises rights in the
12-25    management, direction, or conduct of the business of the
12-26    partnership.
12-27                (3)  "Corporation" means a legal entity that is
12-28    organized under the business corporations laws or limited liability
12-29    company laws of this state, another state, or a territory of the
12-30    United States and that has as one of its purposes the authority to
12-31    act as an insurance agent.  The licensing and regulation of a
12-32    limited liability company is subject to all provisions of this
12-33    subchapter that apply to a corporation licensed under this
12-34    subchapter.
12-35                (4)  "Depository institution" means:
12-36                      (A)  a bank or savings association as defined by
12-37    12 U.S.C. Section 1813, as amended;
12-38                      (B)  a foreign bank that maintains a branch,
12-39    agency, or commercial lending company in the United States;
12-40                      (C)  a federal or state credit union as defined
12-41    by 12 U.S.C. Section 1752, as amended;
12-42                      (D)  a bank branch; or
12-43                      (E)  a bank subsidiary, as defined by state or
12-44    federal law.
12-45                (5)  "Individual" means a natural person.  The term
12-46    includes a resident or a nonresident of this state.
12-47                (6)  "Insurance company," "insurance carrier," or
12-48    "insurer" means an insurance company regulated by the department.
12-49    The term includes:
12-50                      (A)  any domestic or foreign, stock and mutual,
12-51    life, health, or accident insurance company;
12-52                      (B)  any domestic or foreign, stock and mutual,
12-53    fire and casualty insurance company;
12-54                      (C)  a Mexican casualty company;
12-55                      (D)  a domestic or foreign Lloyd's plan insurer;
12-56                      (E)  a domestic or foreign reciprocal or
12-57    interinsurance exchange;
12-58                      (F)  a domestic or foreign fraternal benefit
12-59    society;
12-60                      (G)  a stipulated premium insurance company;
12-61                      (H)  a nonprofit or for-profit legal service
12-62    corporation;
12-63                      (I)  a statewide mutual assessment company;
12-64                      (J)  a local mutual aid association;
12-65                      (K)  a local mutual burial association;
12-66                      (L)  an exempt association under Article 14.17 of
12-67    this code;
12-68                      (M)  a nonprofit hospital, medical, or dental
12-69    service corporation, including a company subject to Chapter 20 of
 13-1    this code;
 13-2                      (N)  a health maintenance organization;
 13-3                      (O)  a county mutual insurance company; or
 13-4                      (P)  a farm mutual insurance company.
 13-5                (7)  "Partnership" means an association of two or more
 13-6    persons organized under the partnership laws or limited liability
 13-7    partnership laws of this state, another state, or a territory of
 13-8    the United States.  The term includes a  general partnership,
 13-9    limited partnership, limited liability partnership, and limited
13-10    liability limited partnership.
13-11                (8)  "Person" means an individual, partnership,
13-12    corporation, or depository institution.
13-13                (9)  "Subagent" means any person engaging in activities
13-14    described under Subdivision (1) of this section who acts for or on
13-15    behalf of an agent, whether through an oral, written, or electronic
13-16    communication or otherwise, in the solicitation of, negotiation
13-17    for, or procurement of an insurance or annuity contract or health
13-18    maintenance organization membership, or the collection of premiums
13-19    or charges on an insurance or annuity contract or health
13-20    maintenance organization membership, whether or not the subagent is
13-21    designated by the agent as a subagent or by any other title.  A
13-22    subagent is an agent, for all purposes of this subchapter, and
13-23    wherever the term "agent" is used in this chapter, it includes
13-24    subagents whether or not a subagent is specifically mentioned
13-25    [Article, "person" means an individual or a general partnership
13-26    composed of two or more individuals or a limited liability
13-27    partnership registered with the Secretary of State under Section
13-28    3.08, Texas Revised Partnership Act (Article 6132b-3.08, Vernon's
13-29    Texas Civil Statutes).  The term "partnership" or "agency
13-30    partnership" as used in this Article means a general partnership or
13-31    a registered limited liability partnership].
13-32          SECTION 1.11.  Section 2, Article 21.07, Insurance Code, is
13-33    amended to read as follows:
13-34          Sec. 2.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
13-35    ISSUED.  (a)  Any person[, corporation, or bank] that desires to
13-36    become an agent for an [a local mutual aid association, a local
13-37    mutual burial association, a statewide mutual assessment
13-38    corporation, a stipulated premium company, a county mutual]
13-39    insurance company or health maintenance organization[, a casualty
13-40    company writing accident and health insurance, or any other type of
13-41    insurance carrier licensed to do business in the State of Texas],
13-42    the agents of which are required to be licensed under this
13-43    subchapter [Article], shall submit to the department an application
13-44    for a license in the form required by the department.
13-45          (b)  Each applicant for a license to act as an insurance
13-46    agent in this state shall file with the department a completed
13-47    application in the format prescribed by the department.  The
13-48    commissioner shall establish by rule the requirements for a
13-49    properly completed application.
13-50          (c)  The department may not grant a license as an insurance
13-51    agent to write any form of insurance unless the department finds
13-52    that:
13-53                (1)  the applicant is or intends to be actively engaged
13-54    in the soliciting or writing of insurance for the public generally
13-55    and is to be actively engaged in the business of insurance; and
13-56                (2)  the application is not made to evade the laws
13-57    against rebating and discrimination, either for the applicant or
13-58    for some other person.
13-59          (d)  This section does not prohibit an applicant from
13-60    insuring property that the applicant owns or in which the applicant
13-61    has an interest, but it is the intent of this section to prohibit
13-62    coercion of insurance and to preserve to each individual the right
13-63    to choose that individual's own agent or insurance company, and to
13-64    prohibit the licensing of a person to engage in the insurance
13-65    business principally to handle business that the applicant controls
13-66    only through ownership, mortgage or sale, family relationship, or
13-67    employment.  An applicant for an original license must have a bona
13-68    fide intention to engage in business in which, in any calendar
13-69    year, at least 25 percent of the total volume of premiums is
 14-1    derived from persons other than the applicant and from property
 14-2    other than that on which the applicant controls the placing of
 14-3    insurance through ownership, mortgage, sale, family relationship,
 14-4    or employment.
 14-5          (e)  The department may not deny a license application solely
 14-6    on the ground that the applicant will act only part-time as an
 14-7    agent.
 14-8          (f)  [The application must bear a signed endorsement by an
 14-9    officer or properly authorized representative of the insurance
14-10    carrier that the individual applicant or each member of the
14-11    partnership or each officer, director, and shareholder of the
14-12    corporation or the responsible officer and employee of the bank is
14-13    qualified to hold that individual or the partnership, the
14-14    corporation, or the bank out in good faith to the general public as
14-15    an insurance agent, and that the insurance carrier desires that the
14-16    applicant act as an insurance agent to represent it in this State.]
14-17          [(c)]  The department shall issue a license to an individual
14-18    to engage [or to a general partnership engaging] in the business of
14-19    insurance if the department finds that the individual:
14-20                (1)  is at least 18 years of age;
14-21                (2)  has passed the licensing examination required
14-22    under this code within the past 12 months;
14-23                (3)  has not committed an act for which a license may
14-24    be denied under Article 21.01-2 of this code; and
14-25                (4)  has submitted the application, appropriate fees,
14-26    and any other information required by the department.
14-27          (g)  An individual engaging in the business of insurance as a
14-28    sole proprietorship under the authority of a license issued under
14-29    this subchapter may incorporate, but the corporation does not have
14-30    greater license authority than that granted to the license holder
14-31    in the holder's individual capacity.
14-32          (h)  Each individual license holder shall notify the
14-33    department on a monthly basis of:
14-34                (1)  a change of the license holder's mailing address;
14-35                (2)  a conviction of the license holder of a felony; or
14-36                (3)  an administrative action taken against the license
14-37    holder by a financial or insurance regulator of this state, another
14-38    state, or the United States [partner in the partnership must be
14-39    licensed individually as an agent under this Article].
14-40          (i) [(d)]  The department shall issue a license to a
14-41    corporation or partnership if the department finds that:
14-42                (1)  [That] the corporation or partnership is:
14-43                      (A)  organized under the laws of this state or
14-44    any other state or territory of the United States;
14-45                      (B)  admitted to conduct business in this state
14-46    by the secretary of state, if so required; and
14-47                      (C)  authorized by its articles of incorporation
14-48    or its partnership agreement to act as an insurance agent [a Texas
14-49    corporation organized or existing under the Texas Business
14-50    Corporation Act or the Texas Professional Corporation Act (Article
14-51    1528e, Vernon's Texas Civil Statutes) having its principal place of
14-52    business in the State of Texas and having as one of its purposes
14-53    the authority to act as an agent covered by this Article];
14-54                (2)  the corporation or partnership meets the
14-55    definition of that entity adopted under Section 1A of this article;
14-56    [That every officer, director, and shareholder of the corporation
14-57    is individually licensed under the provisions of this Article, or
14-58    that every officer and director of the corporation is individually
14-59    licensed under this Article, that the corporation is a wholly owned
14-60    subsidiary of a parent corporation that is licensed under this
14-61    Article, and that every shareholder of the parent corporation is
14-62    individually licensed under this Article; and]
14-63                (3)  at least one officer of the corporation or one
14-64    active partner of the partnership and all other persons performing
14-65    any acts of an agent on behalf of the corporation or partnership in
14-66    this state are individually licensed by the department separately
14-67    from the corporation or partnership;
14-68                (4)  the [That such] corporation or partnership will
14-69    have the ability to pay any sums up to $25,000 which it might
 15-1    become legally obligated to pay on account of any claim made
 15-2    against it by any customer and caused by any negligent act, error,
 15-3    or omission of the corporation or partnership or any person for
 15-4    whose acts the corporation or partnership is legally liable in the
 15-5    conduct of its business under this code [Article].  The term
 15-6    "customer" means any person, firm, or corporation to whom such
 15-7    corporation or partnership sells or attempts to sell a policy of
 15-8    insurance, or from whom such corporation or partnership accepts an
 15-9    application for insurance.  Such ability shall be maintained
15-10    [proven] in one of the following ways:
15-11                      (A)  an errors and omissions policy insuring such
15-12    corporation or partnership against errors and omissions in at least
15-13    the sum of $250,000 [$100,000] with [no more than] a [$10,000]
15-14    deductible of not more than 10 percent of the full amount of the
15-15    policy [feature] issued by an insurance company licensed to do
15-16    business in this state [the State of Texas] or, if a policy cannot
15-17    be obtained from a company licensed to do business in this state
15-18    [Texas], a surplus lines insurance policy issued under Article
15-19    1.14-2 of this code [by a company not licensed to do business in
15-20    Texas on filing an affidavit with the department stating the
15-21    inability to obtain coverage and receiving the commissioner's
15-22    approval]; or
15-23                      (B)  a bond executed by such corporation or
15-24    partnership as principal and a surety company authorized to do
15-25    business in this state [State], as surety, in the principal sum of
15-26    $25,000, payable to the department for the use and benefit of
15-27    customers of such corporation or partnership, conditioned that such
15-28    corporation or partnership shall pay any final judgment recovered
15-29    against it by any customer[; or]
15-30                      [(C)  a deposit of cash or securities of the
15-31    class authorized by Articles 2.08 and 2.10, Insurance Code, as
15-32    amended, having a fair market value of $25,000 with the
15-33    comptroller.  The comptroller is directed to accept and receive
15-34    such deposit and hold it exclusively for the protection of any
15-35    customer of such corporation recovering a final judgment against
15-36    such corporation.  Such deposit may be withdrawn only upon filing
15-37    with the department evidence satisfactory to it that the
15-38    corporation has withdrawn from business and has no unsecured
15-39    liabilities outstanding, or that such corporation has provided for
15-40    the protection of its customers by furnishing an errors and
15-41    omissions policy or a bond as provided.  Securities so deposited
15-42    may be exchanged from time to time for other qualified securities].
15-43    A binding commitment to issue such a policy or bond[, or the tender
15-44    of such securities,] shall be sufficient in connection with any
15-45    application for license;
15-46                (5)  the corporation or partnership intends to be
15-47    actively engaged in the business of insurance as required under
15-48    Subsection (c) of this section;
15-49                (6)  each location from which the corporation or
15-50    partnership will conduct its business in this state under authority
15-51    of an insurance license is separately registered with the
15-52    department;
15-53                (7)  the corporation or partnership has submitted the
15-54    application, appropriate fees, and any other information required
15-55    by the department; and
15-56                (8)  an officer, director, member, manager, partner, or
15-57    any other person who has the right or ability to control the
15-58    license holder has not:
15-59                      (A)  had a license suspended or revoked or been
15-60    the subject of any other disciplinary action by a financial or
15-61    insurance regulator of this state, another state, or the United
15-62    States; or
15-63                      (B)  committed an act for which a license may be
15-64    denied under Article 21.01-2 of this code.
15-65          (j)  Nothing contained in this section [herein] shall be
15-66    construed to permit any unlicensed employee or agent of any
15-67    corporation or partnership to perform any act of an agent under
15-68    this subchapter [Article] without obtaining a license.
15-69          (k)  [If at any time, any corporation holding an agent's
 16-1    license does not maintain the qualifications necessary to obtain a
 16-2    license, the license of such corporation to act as an agent shall
 16-3    be cancelled or denied in accordance with the provisions of
 16-4    Sections 10 and 11 of this Article; provided, however, that should
 16-5    any person who is not a licensed agent under this Article acquire
 16-6    shares in such a corporation by devise or descent, that person
 16-7    shall have a period of 90 days from date of acquisition within
 16-8    which to obtain a license or to dispose of the shares to a person
 16-9    licensed under this Article.]
16-10                [Should such an unlicensed person acquire shares in a
16-11    corporation and not dispose of them within a period of 90 days to a
16-12    licensed agent, then they must be purchased by the corporation for
16-13    their book value, that is, the value of said shares of stock as
16-14    reflected by the regular books and records of said corporation, as
16-15    of the date of the acquisition of said shares by said unlicensed
16-16    person.  Should the corporation fail or refuse to so purchase such
16-17    shares, its license shall be cancelled.]
16-18                [Any such corporation shall have the power to redeem
16-19    the shares of any shareholder, or the shares of a deceased
16-20    shareholder, upon such terms as may be agreed upon by the board of
16-21    directors and such shareholder or such shareholder's personal
16-22    representative, or at a price and upon such terms as may be
16-23    provided in the articles of incorporation, the bylaws, or an
16-24    existing contract entered into between the shareholders of the
16-25    corporation.]
16-26                Each corporation or partnership licensed as an agent
16-27    under this subchapter [Article] shall file, under oath, on a form
16-28    developed by the department, biographical information for each [a
16-29    list of the names and addresses of all] of its executive officers
16-30    and[,] directors or unlicensed partners who administer the entity's
16-31    operations in this state, and shareholders who are in control of
16-32    the corporation, or any other partners who have the right or
16-33    ability to control the partnership.  If any corporation or
16-34    partnership is owned, in whole or in part, by another entity, a
16-35    biographical form is required for each individual who is in control
16-36    of the parent entity[, and shareholders with its application for
16-37    renewal license].
16-38          (l)  Each corporation or partnership shall notify the
16-39    department not later than the 30th day after the date of:
16-40                (1)  a felony conviction of a licensed agent of the
16-41    entity or any individual associated with the corporation or
16-42    partnership who is required to file biographical information with
16-43    the department;
16-44                (2)  an event that would require notification under
16-45    Section 81.003 of this code; and
16-46                (3)  the addition or removal of an officer, director,
16-47    partner, member, or manager.
16-48          (m)  The department shall issue a license to a depository
16-49    institution in the manner provided for the licensing of a
16-50    corporation under this section.
16-51          (n)  A person may not acquire in any manner any ownership
16-52    interest in an entity licensed as an agent under this subchapter if
16-53    the person is, or after the acquisition would be, directly or
16-54    indirectly, in control of the license holder, or otherwise acquire
16-55    control of or exercise any control over the license holder, unless
16-56    the person has filed the following information with the department
16-57    under oath:
16-58                (1)  a biographical form for each person by whom or on
16-59    whose behalf the acquisition of control is to be effected;
16-60                (2)  a statement certifying that no person who is
16-61    acquiring an ownership interest in or control of the license holder
16-62    has been the subject of a disciplinary action taken by a financial
16-63    or insurance regulator of this state, another state, or the United
16-64    States;
16-65                (3)  a statement certifying that, immediately on the
16-66    change of control, the license holder will be able to satisfy the
16-67    requirements for the issuance of the license to solicit the line or
16-68    lines of insurance for which it is licensed; and
16-69                (4)  any additional information that the commissioner
 17-1    may by rule prescribe as necessary or appropriate to the protection
 17-2    of the insurance consumers of this state or as in the public
 17-3    interest.
 17-4          (o)  If a person required to file a statement under
 17-5    Subsection (n) of this section is a partnership, limited
 17-6    partnership, syndicate, or other group, the commissioner may
 17-7    require that the information required by Subdivisions (1)-(4) of
 17-8    that subsection for an individual be provided regarding each
 17-9    partner of the partnership or limited partnership, each member of
17-10    the syndicate or group, and each person who controls the partner or
17-11    member.  If the partner, member, or person is a corporation or the
17-12    person required to file the statement under Subsection (n) of this
17-13    section is a corporation, the commissioner may require that the
17-14    information required by Subdivisions (1)-(4) of that subsection be
17-15    provided regarding:
17-16                (1)  the corporation;
17-17                (2)  each individual who is an executive officer or
17-18    director of the corporation; and
17-19                (3)  each person who is directly or indirectly the
17-20    beneficial owner of more than 10 percent of the outstanding voting
17-21    securities of the corporation.
17-22          (p)  The department may disapprove an acquisition of control
17-23    if, after notice and opportunity for hearing, the commissioner
17-24    determines that:
17-25                (1)  immediately on the change of control the license
17-26    holder would not be able to satisfy the requirements for the
17-27    issuance of the license to solicit the line or lines of insurance
17-28    for which it is presently licensed;
17-29                (2)  the competence, trustworthiness, experience, and
17-30    integrity of the persons who would control the operation of the
17-31    license holder are such that it would not be in the interest of the
17-32    insurance consumers of this state to permit the acquisition of
17-33    control; or
17-34                (3)  the acquisition of control would violate this code
17-35    or another law of this state, another state, or the United States.
17-36          (q)  Notwithstanding Subsection (o) of this section, a change
17-37    in control is considered approved if the department has not
17-38    proposed to deny the requested change before the 61st day after the
17-39    date of receipt by the department of all information required by
17-40    this section.
17-41          (r)  The commissioner is the corporation's or partnership's
17-42    agent for service of process in the manner provided by Section 3,
17-43    Article 1.36, of this code in a legal proceeding against the
17-44    corporation or partnership if:
17-45                (1)  the corporation or partnership licensed to
17-46    transact business in this state fails to appoint or maintain an
17-47    agent for service in this state;
17-48                (2)  an agent for service cannot with reasonable
17-49    diligence be found; or
17-50                (3)  the license of a corporation or partnership is
17-51    revoked.
17-52          (s)  If a license holder does not maintain the qualifications
17-53    necessary to obtain the license, the department shall revoke or
17-54    suspend the license or deny the renewal of the license under
17-55    Article 21.01-2 of this code.
17-56          (t)  A person licensed under this subchapter shall maintain
17-57    all insurance records, including all records relating to customer
17-58    complaints, separate from the records of any other business in
17-59    which the person may be engaged.
17-60          (u)  A subagent must be licensed to write each type of
17-61    insurance that the subagent is employed to write, but the subagent
17-62    is not required to hold each type of license issued to the agent
17-63    for whom the subagent acts.
17-64                [Each corporation shall notify the department upon any
17-65    change in its officers, directors, or shareholders not later than
17-66    the 30th day after the date on which the change becomes effective.]
17-67                [Except as provided by Subdivision (2) of this
17-68    subsection, a corporation may not own any interest in another
17-69    corporation licensed under this Article, and each owner of an
 18-1    interest in a corporation licensed under this Article shall be a
 18-2    natural person who holds a valid license issued under this Article.]
 18-3          [(e)  The department shall issue a license to a bank if the
 18-4    department finds that:]
 18-5                [(1)  the bank satisfies the definition of Section 1C
 18-6    of this Article;]
 18-7                [(2)  at least one officer of the bank and each
 18-8    individual who will be performing any acts as an agent for the bank
 18-9    are individually licensed under this Article; and]
18-10                [(3)  the bank will have the ability to pay any sums up
18-11    to $25,000 that it might become legally obligated to pay on account
18-12    of any claim made against it by a customer and caused by a
18-13    negligent act, error, or omission of the bank or any person for
18-14    whose acts the bank is legally liable in the conduct of its
18-15    business under this Article.  The term "customer" means any person,
18-16    firm, or corporation to whom the bank sells or attempts to sell a
18-17    policy of insurance or from whom the bank accepts an application
18-18    for insurance.  That ability shall be proven through:]
18-19                      [(A)  an errors and omissions policy insuring the
18-20    bank against errors and omissions in at least the sum of $100,000
18-21    with not more than a $10,000 deductible feature, issued by an
18-22    insurance company licensed to do business in this state or, if a
18-23    policy cannot be obtained from a company licensed to do business in
18-24    this state, a policy issued by a company not licensed to do
18-25    business in this state on filing an affidavit with the department
18-26    stating the inability to obtain coverage and receiving the
18-27    department's approval;]
18-28                      [(B)  a bond executed by the bank as principal
18-29    and a surety company authorized to do business in this state, as
18-30    surety, in the principal sum of $25,000, payable to the department
18-31    for the use and benefit of customers of the bank, conditioned that
18-32    the bank shall pay any final judgment recovered against it by a
18-33    customer; or]
18-34                      [(C)  a deposit with the comptroller of cash or
18-35    securities of the class authorized by Articles 2.08 and 2.10 of
18-36    this code, with a fair market value of $25,000.  The comptroller
18-37    shall accept and receive the deposit and hold it exclusively for
18-38    the protection of a customer of the bank who recovers a final
18-39    judgment against the bank.  The deposit may be withdrawn only on
18-40    filing with the department satisfactory evidence that the bank has
18-41    withdrawn from the business of insurance and has no unsecured
18-42    liabilities outstanding or that the bank has provided for the
18-43    protection of its customers by furnishing an errors and omissions
18-44    policy or a bond as provided by this subdivision.  Securities so
18-45    deposited may be exchanged from time to time for other qualified
18-46    securities.]
18-47                [A binding commitment to issue such a policy or bond,
18-48    or the tender of applicable securities, is sufficient in connection
18-49    with an application for license.]
18-50                [Nothing in this subsection permits an unlicensed
18-51    employee or agent of a bank to perform any act of an agent under
18-52    this Article without obtaining a license.]
18-53                [A bank licensed as an agent under this Article may
18-54    have additional offices from which the business of insurance is
18-55    conducted only in a place with a population of 5,000 or less and
18-56    must comply with the department's regulations regarding additional
18-57    offices.]
18-58                [A bank licensed as an agent under this Article must
18-59    maintain the insurance records of the bank, including all files
18-60    relating to customer complaints, separate from records relating to
18-61    the banking transactions of the bank.]
18-62                [If at any time, a bank that holds an agent's license
18-63    does not maintain the qualifications necessary to obtain a license,
18-64    the license of that bank to act as an agent shall be canceled or
18-65    denied in accordance with Sections 10 and 11 of this Article.]
18-66                [Each bank licensed as an agent under this Article
18-67    shall file under oath with its application for license renewal a
18-68    list of the name and address of each individual who will be acting
18-69    as an agent on behalf of the bank and of each officer and director
 19-1    of the bank, as defined by Article 21.02 of this code, and other
 19-2    biographical information as required by the department.]
 19-3                [Each bank shall notify the department of any change in
 19-4    its officers and directors, and any change in other persons who
 19-5    will be acting as agents, as defined by Article 21.02 of this code,
 19-6    and submit biographical information on those officers, directors,
 19-7    and persons as required by the department not later than the 30th
 19-8    day after the date on which the change takes effect.]
 19-9          SECTION 1.12.  Article 21.07, Insurance Code, is amended by
19-10    adding Section 3A to read as follows:
19-11          Sec. 3A.  TEMPORARY LICENSE.  (a)  The department may issue a
19-12    temporary agent's license to an applicant for a license under
19-13    Section 2 of this article who is being considered for appointment
19-14    as an agent by another license holder, an insurer, or a health
19-15    maintenance organization.  An applicant for a temporary license is
19-16    not required to pass a written examination.  A temporary license is
19-17    valid for the 90 days after the date of issuance.  The department
19-18    shall issue a temporary license immediately on receipt by the
19-19    department of a properly completed application executed by the
19-20    person in the form required by Section 2 of this article,
19-21    accompanied by the nonrefundable filing fee set by the department
19-22    and a certificate signed by an officer or properly authorized
19-23    representative of the agent, insurer, or health maintenance
19-24    organization stating that:
19-25                (1)  the applicant is being considered for appointment
19-26    by the agent, insurer, or health maintenance organization as its
19-27    full-time agent;
19-28                (2)  the agent, insurer, or health maintenance
19-29    organization desires that the applicant be issued a temporary
19-30    license; and
19-31                (3)  the applicant will complete, under the agent's,
19-32    insurer's, or health maintenance organization's supervision, at
19-33    least 40 hours of training as prescribed by Subsection (h) of this
19-34    section not later than the 14th day after the date on which the
19-35    application, certificate, and nonrefundable fee are delivered or
19-36    mailed to the department.
19-37          (b)  If the temporary license is not received from the
19-38    department before the eighth day after the date on which the
19-39    application, certificate, and nonrefundable fee are delivered or
19-40    mailed to the department and the agent, insurer, or health
19-41    maintenance organization has not been notified that the application
19-42    is denied, the agent, insurer, or health maintenance organization
19-43    may assume that the temporary license will be issued and the
19-44    applicant may proceed to act as an agent.
19-45          (c)  A temporary license may not be renewed or issued more
19-46    than once in a consecutive six-month period to the same applicant.
19-47          (d)  A temporary license may not be granted to a person who
19-48    does not intend to apply for a license to sell insurance or
19-49    memberships to the public generally.
19-50          (e)  A temporary license may not be used to obtain
19-51    commissions from sales made to persons who have family, employment,
19-52    or business relationships with the temporary license holder.  An
19-53    agent, insurer, or health maintenance organization may not
19-54    knowingly pay, directly or indirectly, to the holder of a temporary
19-55    license under this section, and a temporary license holder may not
19-56    receive or accept, a commission on the sale of a contract of
19-57    insurance or membership covering:
19-58                (1)  the temporary license holder;
19-59                (2)  a person related to the temporary license holder
19-60    by consanguinity or affinity;
19-61                (3)  a person who is or has been during the past six
19-62    months the temporary license holder's employer, either as an
19-63    individual or as a member of a partnership, association, firm, or
19-64    corporation; or
19-65                (4)  a person who is or who has been during the past
19-66    six months the employee of the temporary license holder.
19-67          (f)  A person who has been issued a temporary license under
19-68    this section and is acting under the authority of the temporary
19-69    license may not engage in any insurance solicitation, sale, or
 20-1    other agency transaction that results in or is intended to result
 20-2    in the replacement of any existing individual life insurance policy
 20-3    form or annuity contract that is in force, or receive, directly or
 20-4    indirectly, any commission or other compensation that may or does
 20-5    result from such a solicitation, sale, or other agency transaction.
 20-6    A person who holds a permanent license may not circumvent or
 20-7    attempt to circumvent the intent of this subsection by acting for
 20-8    or with a person holding a temporary license.  As used in this
 20-9    subsection, "replacement" means a transaction in which a new life
20-10    insurance or annuity contract is to be purchased, and it is known
20-11    or should be known to the temporary agent that by reason of the
20-12    solicitation, sale, or other transaction the existing life
20-13    insurance or annuity contract has been or is to be:
20-14                (1)  lapsed, forfeited, surrendered, or otherwise
20-15    terminated;
20-16                (2)  converted to reduced paid-up insurance, continued
20-17    as extended term insurance, or otherwise reduced in value by the
20-18    use of nonforfeiture benefits or other policy values;
20-19                (3)  amended so as to effect either a reduction in
20-20    benefits or in the term for which coverage would otherwise remain
20-21    in force or for which benefits would be paid;
20-22                (4)  reissued with any reduction in cash value; or
20-23                (5)  pledged as collateral or subjected to borrowing,
20-24    whether in a single loan or under a schedule of borrowing over a
20-25    period of time, for amounts in the aggregate exceeding 25 percent
20-26    of the loan value set forth in the policy.
20-27          (g)  The department may cancel, suspend, or revoke the
20-28    temporary appointment powers of an agent, insurer, or health
20-29    maintenance organization if, after notice and opportunity for
20-30    hearing, the commissioner finds that that agent, insurer, or health
20-31    maintenance organization has abused the temporary appointment
20-32    powers.  An appeal from the department's decision is subject to
20-33    Chapter 36 of this code.  In considering whether abuse has
20-34    occurred, the department may consider:
20-35                (1)  the number of temporary appointments made;
20-36                (2)  the percentage of appointees sitting for
20-37    examination as agents under this article, as provided by Subsection
20-38    (j) of this section; and
20-39                (3)  the number of appointees who pass the examination.
20-40          (h)  The agent, insurer, or health maintenance organization
20-41    shall administer at least 40 hours of training to each applicant
20-42    for a temporary license not later than the 14th day after the date
20-43    on which the application, certificate, and nonrefundable fee are
20-44    delivered or mailed to the department.  At least 10 hours must be
20-45    taught in a classroom setting, including an accredited college,
20-46    university, junior college, or community college, a business
20-47    school, or a private institute or classes sponsored by the agent,
20-48    insurer, or health maintenance organization and especially
20-49    established for this purpose.  The training program must be
20-50    designed to provide an applicant with basic knowledge of:
20-51                (1)  the broad principles of insurance, including the
20-52    licensing and regulatory laws of this state;
20-53                (2)  the broad principles of health maintenance
20-54    organizations, including membership requirements and related
20-55    licensing and regulatory laws of this state; and
20-56                (3)  the ethical obligations and duties of an agent.
20-57          (i)  If the commissioner finds under Subsection (g) of this
20-58    section that an abuse of temporary appointment powers has occurred,
20-59    the commissioner may require the affected agent, insurer, or health
20-60    maintenance organization to file with the department a description
20-61    of the agent's, insurer's, or health maintenance organization's
20-62    training program and may require the agent, insurer, or health
20-63    maintenance organization to obtain the approval of the department
20-64    before continuing to use the training program.
20-65          (j)  Each agent, insurer, or health maintenance organization
20-66    shall ensure that, during any two consecutive calendar quarters, at
20-67    least 70 percent of the agent's, insurer's, or health maintenance
20-68    organization's applicants for temporary licenses sit for the
20-69    required licensing examination.  At least 50 percent of the
 21-1    applicants taking the examination must pass during that period.
 21-2          (k)  An agent, insurer, or health maintenance organization
 21-3    may not make more than 250 appointments of temporary license
 21-4    holders during a calendar year.
 21-5          SECTION 1.13.  Section 6, Article 21.07, Insurance Code, is
 21-6    amended to read as follows:
 21-7          Sec. 6.  FILING OF [AGENT MAY BE LICENSED TO REPRESENT]
 21-8    ADDITIONAL APPOINTMENTS [INSURERS].  (a)  Except as specifically
 21-9    prohibited by another provision of this code, an [Any] agent
21-10    licensed under this subchapter [Article] may represent and act as
21-11    an agent for more than one insurance carrier at any time while the
21-12    agent's license is in force, if the agent so desires.  Any such
21-13    agent and the insurance carrier involved shall notify the
21-14    department, in a form prescribed by the department, of [must give
21-15    notice to the State Board of Insurance of] any additional
21-16    appointment [or appointments] authorizing the agent to act as agent
21-17    for an additional insurance carrier or carriers not later than the
21-18    30th day after the effective date of the appointment.  The filing
21-19    [Such notice] must include [be accompanied by a certificate from
21-20    each insurance carrier to be named in each additional appointment,
21-21    and must state that said insurance company desires to appoint the
21-22    applicant as its agent.  This notice shall also contain such other
21-23    information as the State Board of Insurance may require.  The agent
21-24    shall be required to pay] a nonrefundable fee in an amount [not to
21-25    exceed $16 as] determined by the commissioner [State Board of
21-26    Insurance] for each additional appointment for which the insurance
21-27    carrier applies [applied for, which fee shall accompany the notice.
21-28    If approval of the additional appointment is not received from the
21-29    State Board of Insurance before the eighth day after the date on
21-30    which the completed application and fee were received by the Board,
21-31    the agent and the insurance carrier, in the absence of notice of
21-32    disapproval, may assume that the Board approves the application,
21-33    and the agent may act for the insurance carrier].
21-34          (b)  An appointment made under this Article to authorize an
21-35    agent to act as an agent for an insurance carrier continues in
21-36    effect without the necessity of renewal until it is terminated or
21-37    [and] withdrawn by the insurance carrier or agent.  If the agent is
21-38    terminated for cause, the insurance carrier shall follow the
21-39    procedures established under Section 6B of [as provided by this
21-40    section or is otherwise terminated in accordance with] this
21-41    Article.  Each renewal license issued to the agent authorizes the
21-42    agent to represent and act for the insurance carriers for which the
21-43    agent holds an appointment until the appointment is terminated or
21-44    withdrawn, and that agent is considered to be the agent of the
21-45    appointing insurance carriers for the purposes of this code
21-46    [Article].
21-47          (c)  An agent appointed under this section may act on behalf
21-48    of the appointing carrier before the department receives the filing
21-49    made under this section.
21-50          (d)  If a general life, accident, and health agent or general
21-51    property and casualty agent who has been appointed by an insurance
21-52    carrier authorized to engage in the business of insurance in this
21-53    state appoints a subagent, the general agent shall notify the
21-54    department about the appointment in writing on a form prescribed by
21-55    the department.  The notice must be accompanied by a nonrefundable
21-56    fee in an amount determined by the commissioner.
21-57          (e)  An insurance carrier is not required to separately
21-58    appoint a subagent who has been designated in writing to the
21-59    department as a subagent by an agent.
21-60          (f)  If an agent terminates a subagent for any reason other
21-61    than for cause, the agent shall promptly report the termination to
21-62    the department.  The termination ends the subagent's authority to
21-63    act for the licensed agent or the insurance carrier for whom the
21-64    agent is acting.  If the subagent is terminated for cause, Section
21-65    6B of this article applies.
21-66          SECTION 1.14.  Article 21.07, Insurance Code, is amended by
21-67    adding Sections 6B and 6C to read as follows:
21-68          Sec. 6B.  INSURANCE CARRIER TO NOTIFY DEPARTMENT OF
21-69    TERMINATION OF CONTRACT FOR CAUSE; COMMUNICATION PRIVILEGED.
 22-1    (a)  Each insurance carrier or agent shall, on termination of the
 22-2    appointment of an agent for cause, immediately file with the
 22-3    department a statement of the facts relating to the termination of
 22-4    the appointment and the date and cause of the termination.  On
 22-5    receipt of the statement the department shall record the
 22-6    termination of the appointment of that agent to represent the
 22-7    insurance carrier in this state.
 22-8          (b)  A document, record, statement, or other information
 22-9    required to be made or disclosed to the department under this
22-10    section is a privileged and confidential communication and is not
22-11    admissible in evidence in any court action or proceeding except
22-12    under a subpoena issued by a court of record.
22-13          (c)  An insurance agent, insurance carrier, an employee or
22-14    agent of the carrier, or any other person, acting without malice,
22-15    is not liable for providing the information required to be
22-16    disclosed under this section.
22-17          Sec. 6C.  FEES; USE OF FUNDS.  (a)  The department shall
22-18    collect from each agent of an insurance carrier writing insurance
22-19    in this state under this code a nonrefundable license fee and a
22-20    nonrefundable appointment fee for each appointment by an insurance
22-21    carrier.  These fees, together with examination fees, license fees,
22-22    and license renewal fees, shall be deposited to the credit of the
22-23    Texas Department of Insurance operating fund.
22-24          (b)  The department may use any portion of the fees collected
22-25    to enforce this subchapter, may employ persons as it considers
22-26    necessary to investigate and make reports regarding alleged
22-27    violations of this code and misconduct on the part of agents, and
22-28    may pay the salaries and expenses of those persons and office
22-29    employees and other expenses necessary to enforce this subchapter
22-30    from the fees collected.  A person employed by the department under
22-31    this section may administer the oath and examine under oath any
22-32    person considered necessary in gathering information and evidence
22-33    and may have that information and evidence reduced to writing if
22-34    considered necessary, and all related expenses shall be paid from
22-35    the fees.
22-36          (c)  The department shall set the fees in amounts reasonable
22-37    and necessary to implement this subchapter.
22-38              ARTICLE 2.  LIFE, ACCIDENT, AND HEALTH LICENSES
22-39          SECTION 2.01.  Subchapter A, Chapter 21, Insurance Code, is
22-40    amended by adding Article 21.07-1 to read as follows:
22-41          Art. 21.07-1.  TEXAS LIFE, ACCIDENT, AND HEALTH AGENTS
22-42    LICENSE ACT
22-43          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
22-44    cited as the Texas Life, Accident, and Health Agents License Act.
22-45          (b)  Each agent of an insurance company authorized to provide
22-46    life, accident, and health insurance coverage in this state is
22-47    subject to this article.  This article applies to each person who:
22-48                (1)  performs the acts of an agent, as defined by
22-49    Article 21.02 of this code, whether through oral, written, or
22-50    electronic communications or otherwise, by the solicitation of,
22-51    negotiation for, procurement of, or collection of premiums on an
22-52    insurance or annuity contract offered by any type of insurance
22-53    carrier authorized to sell life, accident, and health insurance
22-54    products in this state; or
22-55                (2)  represents or purports to represent a health
22-56    maintenance organization in the solicitation, negotiation,
22-57    procurement, or effectuation of membership in the health
22-58    maintenance organization.
22-59          Sec. 2.  GENERAL LIFE, ACCIDENT, AND HEALTH LICENSE; LICENSE
22-60    REQUIRED.  (a)  A general life, accident, and health license is
22-61    required for each person who acts as:
22-62                (1)  an agent writing life, accident, and health
22-63    insurance for a life insurance company;
22-64                (2)  an agent writing only accident and health
22-65    insurance;
22-66                (3)  an agent representing a health maintenance
22-67    organization;
22-68                (4)  an agent writing fixed or variable annuity
22-69    contracts or variable life contracts;
 23-1                (5)  an industrial life insurance agent for an
 23-2    industrial company that writes only weekly premium life insurance
 23-3    on a debit basis under Article 3.52 of this code;
 23-4                (6)  an agent writing:
 23-5                      (A)  only life insurance in excess of $15,000 on
 23-6    any one life for a stipulated premium insurance company;
 23-7                      (B)  only accident and health insurance for a
 23-8    stipulated premium insurance company; or
 23-9                      (C)  both types of insurance described by
23-10    Paragraphs (A) and (B) of this subdivision;
23-11                (7)  an agent writing life, accident, and health
23-12    insurance for any type of authorized life insurance company,
23-13    including a legal reserve life insurance company, domiciled in this
23-14    state, representing the insurer in a foreign country or territory
23-15    and either on a United States military installation or with United
23-16    States military personnel;
23-17                (8)  an agent writing life, accident, and health
23-18    insurance for a fraternal benefit society except as provided by
23-19    Article 10.37-3 of this code; or
23-20                (9)  an agent writing any other type of insurance as
23-21    required by the commissioner for the protection of the insurance
23-22    consumers of this state.
23-23          (b)  For the purposes of this subsection, a "combination
23-24    company" is an insurer that writes weekly premium life insurance or
23-25    monthly ordinary life insurance on a debit basis.  A general life,
23-26    accident, and health license is required for each person who acts
23-27    as a combination life insurance agent for a combination company.  A
23-28    combination company and a combination life insurance agent may also
23-29    write ordinary contracts of life insurance.
23-30          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
23-31    person who holds a general life, accident, and health license
23-32    issued under the requirements of this subchapter may, without
23-33    obtaining an additional license, write additional types of
23-34    insurance contracts as provided under:
23-35                (1)  Sections 4, 5, and 6 of this article; or
23-36                (2)  Article 21.09 of this code.
23-37          Sec. 4.  LIMITED LIFE, ACCIDENT, AND HEALTH LICENSE.  (a)  An
23-38    agent must hold a limited life, accident, and health license if the
23-39    agent writes:
23-40                (1)  a policy or rider to a policy that provides only:
23-41                      (A)  lump-sum cash benefits in the event of
23-42    accidental death, death by accidental means, or dismemberment; or
23-43                      (B)  ambulance expense benefits in the event of
23-44    accident or sickness;
23-45                (2)  a prepaid legal services contract under Article
23-46    5.13-1 or Chapter 23 of this code;
23-47                (3)  credit insurance except as otherwise provided
23-48    under Article 21.09 of this code; or
23-49                (4)  any other type of insurance, if determined
23-50    necessary by the commissioner to protect insurance consumers in
23-51    this state.
23-52          (b)  A person who holds a limited life, accident, and health
23-53    license issued under this section may write only the types of
23-54    insurance products designated on the license by the department.
23-55          (c)  An applicant for a limited life, accident, and health
23-56    license is eligible for a temporary license under Section 3A,
23-57    Article 21.07, of this code.
23-58          Sec. 5.  FUNERAL PREARRANGEMENT LIFE INSURANCE AGENT.
23-59    (a)  In this section, "funeral prearrangement life insurance agent"
23-60    means a life insurance agent who, subject to the limitations of
23-61    this section, writes only life insurance policies and fixed annuity
23-62    contracts to secure the delivery of funeral services and
23-63    merchandise under prepaid funeral contracts regulated by the Texas
23-64    Department of Banking under Chapter 154, Finance Code.
23-65          (b)  The department shall issue a license to act as a funeral
23-66    prearrangement life insurance agent to an individual after
23-67    receiving certification from an insurance company authorized to
23-68    write life insurance and annuities in this state that the applicant
23-69    has completed a course of study and instruction on life insurance
 24-1    and fixed annuities for applicants offered by the insurance company
 24-2    and passed without aid a written examination administered by the
 24-3    insurance company.  The course of study and instruction must be at
 24-4    least a five-hour course and must include instruction on:
 24-5                (1)  the policies to be sold; and
 24-6                (2)  the laws relating to funeral prearrangement.
 24-7          (c)  The commissioner shall authorize an insurance company to
 24-8    administer a funeral prearrangement life insurance agent
 24-9    examination as provided by Subsection (b) of this section after
24-10    approval by the commissioner of a complete outline and explanation
24-11    of the course of study and instruction and the nature and manner of
24-12    conducting the examination for applicants.  The commissioner shall
24-13    prescribe a uniform examination for applicants that fairly
24-14    addresses the information contained in the approved course of study
24-15    and instruction.
24-16          (d)  The commissioner may investigate as necessary the manner
24-17    of instruction and the examination administered by an insurance
24-18    company under this section.  The commissioner may withdraw from an
24-19    insurance company the authority under this section to offer
24-20    instruction and administer an examination.
24-21          (e)  A funeral prearrangement life insurance agent licensed
24-22    under this section may not:
24-23                (1)  write any coverage or combination of coverages
24-24    with an initial guaranteed death benefit that exceeds $15,000 on
24-25    any life; or
24-26                (2)  act as an agent for more than one insurance
24-27    company.
24-28          (f)  A license issued under this section to act as an agent
24-29    for an insurance company is canceled when the license holder ceases
24-30    to act as an agent for an insurance company.  Not later than the
24-31    15th day after the date on which the license holder ceases to act
24-32    as an agent for an insurance company, the insurance company or
24-33    agent shall send written notification to the department.
24-34          (g)  Except as specifically provided by this section, the
24-35    provisions of this subchapter that apply to a limited license apply
24-36    to a license issued under this section.
24-37          Sec. 6.  LIFE INSURANCE NOT EXCEEDING $15,000.  (a)  The
24-38    department shall issue a license to act as an agent to an
24-39    individual who writes only life insurance not to exceed $15,000 on
24-40    any one life after receiving certification from a stipulated
24-41    premium insurance company, a statewide mutual assessment company, a
24-42    local mutual aid association, or a local mutual burial association,
24-43    that the applicant has completed a course of study and instruction
24-44    on life insurance and fixed annuities offered by the insurer and
24-45    passed without aid a written examination administered by the
24-46    insurer.  The course of study and instruction must be at least a
24-47    five-hour course and must include instruction on:
24-48                (1)  the policies to be sold; and
24-49                (2)  the laws relating to the regulation of insurance
24-50    in this state.
24-51          (b)  The commissioner shall authorize an insurer described by
24-52    Subsection (a) of this section to administer an agent examination
24-53    as provided by Subsection (a) of this section after approval by the
24-54    commissioner of a complete outline and explanation of the course of
24-55    study and instruction and the nature and manner of conducting the
24-56    examination for applicants.  The commissioner shall prescribe a
24-57    uniform examination for applicants that fairly addresses the
24-58    information contained in the approved course of study and
24-59    instruction.
24-60          (c)  The commissioner may investigate as necessary the manner
24-61    of instruction and the examination administered by an insurer under
24-62    this section.  The commissioner may withdraw from an insurer the
24-63    authority under this section to offer instruction and administer an
24-64    examination.
24-65          (d)  An insurance agent licensed under this section may not
24-66    write any coverage or combination of coverages with an initial
24-67    guaranteed death benefit that exceeds $15,000 on any life.
24-68          (e)  A license is not required under this section for an
24-69    agent who, in the preceding calendar year, wrote policies that
 25-1    generated, in the aggregate, less than $20,000 in direct premium.
 25-2          (f)  Except as specifically provided by this section, the
 25-3    provisions of this subchapter that apply to a limited license apply
 25-4    to a license issued under this section.
 25-5                ARTICLE 3.  PROPERTY AND CASUALTY LICENSES
 25-6          SECTION 3.01.  Article 21.14, Insurance Code, is amended to
 25-7    read as follows:
 25-8          Art. 21.14.  TEXAS PROPERTY AND CASUALTY AGENTS LICENSE ACT
 25-9          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
25-10    cited as the Texas Property and Casualty Agents License Act.
25-11          (b)  Each agent of an insurance company authorized to provide
25-12    property and casualty insurance coverage in this state is subject
25-13    to this article.  This article applies to each person who performs
25-14    the acts of an agent, as defined by Article 21.02 of this code,
25-15    whether through oral, written, or electronic communications or
25-16    otherwise, by the solicitation of, negotiation for, procurement of,
25-17    or collection of premiums on an insurance contract offered by any
25-18    type of insurance carrier authorized to sell property and casualty
25-19    insurance products in this state, including:
25-20                (1)  a fidelity or surety company;
25-21                (2)  an inter-insurance exchange;
25-22                (3)  a mutual company, including a farm mutual or a
25-23    county mutual;
25-24                (4)  a reciprocal exchange; or
25-25                (5)  a Lloyd's plan insurer.
25-26          Sec. 2.  GENERAL PROPERTY AND CASUALTY LICENSE; LICENSE
25-27    REQUIRED.  A general property and casualty license is required for
25-28    each person who acts as:
25-29                (1)  an agent writing property and casualty insurance
25-30    for an insurance carrier authorized to provide property and
25-31    casualty insurance coverage in this state;
25-32                (2)  a subagent of a person licensed as an agent under
25-33    this article who solicits and binds insurance risks on behalf of
25-34    that agent; or
25-35                (3)  an agent writing any other type of insurance as
25-36    required by the commissioner for the protection of the insurance
25-37    consumers of this state.
25-38          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
25-39    person who holds a general property and casualty license issued
25-40    under this subchapter may write additional types of insurance
25-41    contracts as provided under:
25-42                (1)  Sections 6 and 9 of this article; or
25-43                (2)  Article 21.09 of this code.
25-44          Sec. 4.  AUTHORITY TO WRITE ACCIDENT AND HEALTH INSURANCE.  A
25-45    person who holds a general property and casualty license issued
25-46    under this subchapter may write health and accident insurance for a
25-47    property and casualty insurer authorized to sell those insurance
25-48    products in this state without holding a license issued under
25-49    Article 21.07-1 of this code.
25-50          Sec. 5.  EMERGENCY LICENSE WITHOUT EXAMINATION.  In the event
25-51    of the death or disability of a property and casualty agent or if a
25-52    property and casualty agent is found to be insolvent and unable to
25-53    pay for premiums as they become due to an insurer, the department
25-54    may issue to an applicant for a property and casualty license an
25-55    emergency property and casualty license without examination if it
25-56    is established to the satisfaction of the department that the
25-57    emergency license is necessary for the preservation of the agency
25-58    assets of a deceased, disabled, or insolvent property and casualty
25-59    agent.  An emergency license is valid for 90 days in any 12
25-60    consecutive months and may be renewed by the department for an
25-61    additional 90 days during the 12-month period if the other
25-62    requirements of this subchapter are met.
25-63          Sec. 6.  LIMITED PROPERTY AND CASUALTY LICENSE.  (a)  A
25-64    limited property and casualty license is required for each person
25-65    who desires to act as an agent writing:
25-66                (1)  job protection insurance as defined by Article
25-67    25.01 of this code;
25-68                (2)  insurance only on growing crops under Article
25-69    21.14-2 of this code;
 26-1                (3)  any form of insurance authorized under Chapter 16
 26-2    of this code for a farm mutual insurance company;
 26-3                (4)  exclusively all forms of insurance authorized to
 26-4    be solicited and written in this state that cover the ownership,
 26-5    operation, maintenance, or use of a motor vehicle that is designed
 26-6    for use on the public highways, including a trailer or semitrailer,
 26-7    and the motor vehicle's accessories or equipment;
 26-8                (5)  exclusively all forms of insurance authorized to
 26-9    be solicited and written in this state that relate to the
26-10    ownership, occupancy, maintenance, or use of a manufactured home
26-11    that is classified as personal property under Section 2.001,
26-12    Property Code;
26-13                (6)  prepaid legal services contracts under Article
26-14    5.13-1 or Chapter 23 of this code;
26-15                (7)  only industrial fire insurance policies covering
26-16    dwellings, household goods, and wearing apparel written on a
26-17    weekly, monthly, or quarterly basis on a continuous premium payment
26-18    plan and written for an insurance company whose business is devoted
26-19    exclusively to that business as described by Article 17.02 of this
26-20    code;
26-21                (8)  credit insurance, except as otherwise provided by
26-22    Article 21.09 of this code; or
26-23                (9)  any other type of insurance as required by the
26-24    commissioner for the protection of the insurance consumers of this
26-25    state.
26-26          (b)  Subsection (a)(2) of this section applies to a
26-27    production credit association or bank for a cooperative, as
26-28    provided under the farm credit system under 12 U.S.C. 2001 et seq.,
26-29    as amended.
26-30          (c)  A person who holds a limited property and casualty
26-31    license issued under this subchapter may write only the types of
26-32    insurance products designated on the license by the department.
26-33          (d)  This section does not apply to a person who wrote:
26-34                (1)  policies, authorized under Chapter 16 of this code
26-35    for a farm mutual insurance company, that generated, in the
26-36    aggregate, less than $50,000 in direct premium for the previous
26-37    calendar year; or
26-38                (2)  industrial fire insurance policies that generated,
26-39    in the aggregate, less than $20,000 in direct premium for the
26-40    previous calendar year.
26-41          Sec. 7.  FULL-TIME HOME OFFICE EMPLOYEES:  MANDATORY
26-42    REGISTRATION, CONTINUING EDUCATION REQUIREMENTS, AND NOTIFICATION
26-43    TO CONSUMERS; DISCIPLINARY ACTIONS.  (a)  Each actual full-time
26-44    home office salaried employee of an insurance carrier licensed to
26-45    do business in this state who solicits or receives an application
26-46    for the sale of insurance through an oral, written, or electronic
26-47    communication shall register with the department.
26-48          (b)  An insurance carrier licensed to do business in this
26-49    state whose general plan of operation includes the use of employees
26-50    described by Subsection (a) of this section shall certify to the
26-51    department that each of those employees receives at least 15 hours
26-52    of continuing education annually.  Each continuing education course
26-53    provided by the insurance carrier shall be submitted to the
26-54    department for approval as provided by Section 3, Article 21.01-1,
26-55    of this code.  A person registered under this section shall comply
26-56    with the continuing education requirements adopted under Section 3,
26-57    Article 21.01-1, of this code, as if the person were a licensed
26-58    agent.  The continuing education must be  designed to give the
26-59    employee:
26-60                (1)  reasonable familiarity with:
26-61                      (A)  the broad principles of insurance;
26-62                      (B)  insurance licensing and regulatory laws; and
26-63                      (C)  the terms and conditions of the insurance
26-64    that the registrant transacts; and
26-65                (2)  a fair and general understanding of the duties of
26-66    an insurer to an insured, including training in ethical
26-67    considerations.
26-68          (c)  The registration of an actual full-time home office
26-69    salaried employee shall be suspended and the employer insurance
 27-1    carrier may be disciplined for any act for which an agent may be
 27-2    disciplined under Article 21.01-2 of this code.
 27-3          (d)  Each registrant under this section shall disclose the
 27-4    fact of the registration when making an oral, written, or
 27-5    electronic communication to solicit or receive an application for
 27-6    the sale of insurance.
 27-7          (e)  Each person who registers under this section shall
 27-8    submit a nonrefundable registration fee in an amount determined by
 27-9    the department.
27-10          Sec. 8.  INSURANCE SERVICE REPRESENTATIVE LICENSE.  (a)  An
27-11    insurance service representative license is required for each
27-12    person who is employed on a salaried basis to perform assigned
27-13    duties only in the office of a property and casualty agent,
27-14    including explaining insurance coverage, describing an insurance
27-15    product, quoting insurance premium rates, and issuing insurance
27-16    binders only with the express approval of the property and casualty
27-17    agent who supervises the insurance service representative.
27-18          (b)  The provisions of this subchapter that apply to a
27-19    general license apply to a license issued under this section,
27-20    except that proof of financial responsibility is not required of a
27-21    person licensed only as an insurance service representative.
27-22          Sec. 9.  COUNTY MUTUAL AGENT LICENSE.  (a)  The department
27-23    shall issue a license to act as an agent for a county mutual
27-24    insurance company under Chapter 17 of this code to an individual
27-25    applicant after receiving certification from the insurance company
27-26    that the applicant has:
27-27                (1)  completed a course of study and instruction on
27-28    motor vehicle insurance and insurance covering dwellings offered by
27-29    the insurance company; and
27-30                (2)  passed without aid a written examination
27-31    administered by the insurance company.
27-32          (b)  The course completed under Subsection (a) of this
27-33    section must be at least a five-hour course and must include
27-34    instruction on:
27-35                (1)  the policies to be sold; and
27-36                (2)  the laws relating to the regulation of insurance
27-37    in this state.
27-38          (c)  The commissioner shall authorize a county mutual
27-39    insurance company to administer an agent examination as provided by
27-40    Subsection (a) of this section after approval by the commissioner
27-41    of a complete outline and explanation of the course of study and
27-42    instruction and the nature and manner of conducting the examination
27-43    for applicants.  The commissioner shall prescribe a uniform
27-44    examination for applicants that fairly addresses the information
27-45    contained in the approved course of study and instruction.
27-46          (d)  The department may investigate as necessary the manner
27-47    of instruction and the examination administered by an insurance
27-48    company under this section.  The department may withdraw from an
27-49    insurance company the authority under this section to offer
27-50    instruction and administer an examination.
27-51          (e)  Except as specifically provided by this section, the
27-52    provisions of this subchapter that apply to a limited license apply
27-53    to a license issued under this section.  [LICENSING OF LOCAL
27-54    RECORDING AGENTS AND SOLICITORS; LIFE, HEALTH AND ACCIDENT
27-55    INSURANCE EXCEPTED; OTHER EXCEPTIONS]
27-56          [Sec. 1.  CLASSES OF AGENTS.  Insurance agents, as that term
27-57    is defined in the laws of this State, shall for the purpose of this
27-58    article be divided into two classes:  Local Recording Agents and
27-59    Solicitors.]
27-60          [Sec. 2.  DEFINITIONS; CERTAIN ORDERS, SOCIETIES OR
27-61    ASSOCIATIONS NOT AFFECTED.  (a)  In this article:]
27-62                [(1)  "Local Recording Agent" means a person or firm
27-63    engaged in soliciting and writing insurance, being authorized by an
27-64    insurance company or insurance carrier, including fidelity and
27-65    surety companies, to solicit business and to write, sign, execute,
27-66    and deliver policies of insurance, and to bind companies on
27-67    insurance risks, and who maintain an office and a record of such
27-68    business and the transactions which are involved, who collect
27-69    premiums on such business and otherwise perform the customary
 28-1    duties of a local recording agent representing an insurance carrier
 28-2    in its relation with the public; or a person or firm engaged in
 28-3    soliciting and writing insurance, being authorized by an insurance
 28-4    company or insurance carrier, including fidelity and surety
 28-5    companies, to solicit business, and to forward applications for
 28-6    insurance to the home office of the insurance companies and
 28-7    insurance carriers, where the insurance company's and insurance
 28-8    carrier's general plan of operation in this State provides for the
 28-9    appointment and compensation of agents for insurance and for the
28-10    execution of policies of insurance by the home office of the
28-11    insurance company or insurance carrier, or by a supervisory office
28-12    of such insurance company or insurance carrier, and who maintain an
28-13    office and a record of such business and the transactions which are
28-14    involved, and who collect premiums on such business and otherwise
28-15    qualify and perform the customary duties of a local recording agent
28-16    representing an insurance carrier in its relation with the public.]
28-17                [(2)  "Solicitor" means a person who is a bona fide
28-18    solicitor and engaged in the business of soliciting and binding
28-19    insurance risks on behalf of a local recording agent, and who
28-20    offices with such local recording agent, and who does not sign and
28-21    execute policies of insurance, and who does not maintain company
28-22    records of such transactions.  This shall not be construed to make
28-23    a solicitor of a local recording agent, who places business of a
28-24    class which the rules of the company or carrier require to be
28-25    placed on application or to be written in a supervisory office.  A
28-26    solicitor may bind insurance risks only with the express prior
28-27    approval of the local recording agent for whom the solicitor works.]
28-28                [(3)  "Board" means the State Board of Insurance.]
28-29                [(4)  "Company" or "Carrier" means any insurance
28-30    company, corporation, inter-insurance exchange, mutual, reciprocal,
28-31    association, Lloyds or other insurance carrier licensed to transact
28-32    business in the State of Texas other than as excepted herein.]
28-33                [(5)  "Insurance service representative" means a
28-34    solicitor employed on a salaried basis who performs assigned duties
28-35    only within the office of a local recording agent, which may
28-36    include binding insurance risks, but only with the express prior
28-37    approval of the local recording agent for whom the representative
28-38    works.]
28-39          [(b)  Nothing contained in this article shall be so construed
28-40    as to affect or apply to orders, societies, or associations which
28-41    admit to membership only persons engaged in one or more crafts or
28-42    hazardous occupations in the same or similar lines of business, and
28-43    the ladies' societies, or ladies' auxiliary to such orders,
28-44    societies or associations, or any secretary of a Labor Union or
28-45    organization, or any secretary or agent of any fraternal benefit
28-46    society, which does not operate at a profit, except that a person
28-47    who has had a license revoked under Section 16 of this article may
28-48    not solicit or otherwise transact business under Chapter 10 of this
28-49    code.]
28-50          [Sec. 3.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
28-51    ISSUED.  (a)  When any person, partnership, registered limited
28-52    liability partnership, limited liability company, corporation, or
28-53    bank shall desire to engage in business as a local recording agent
28-54    for an insurance company, or insurance carrier, that person or
28-55    entity shall make application for a license to the Texas Department
28-56    of Insurance, in such form as the Department may require.  Such
28-57    application shall bear a signed endorsement by a general, state or
28-58    special agent of a qualified insurance company, or insurance
28-59    carrier that applicant or each member of the partnership or each
28-60    stockholder of the corporation or each member of the limited
28-61    liability company is a resident of this state.]
28-62          [(b)  The Department shall issue a license to an individual
28-63    or a general partnership or a limited liability partnership
28-64    registered with the Secretary of State under Section 3.08, Texas
28-65    Revised Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
28-66    Statutes), engaging in the business of insurance.  The Department
28-67    may not issue a license to a partnership if an inactive partner who
28-68    is not subject to Section 3a of this article has an interest in the
28-69    partnership principally to have written and be compensated therefor
 29-1    for insurance on property controlled through ownership, mortgage or
 29-2    sale, family relationship, or employment; and provided further,
 29-3    that all licensed agents must be residents of Texas.  Provided,
 29-4    that a person who resides in a town through which the state line
 29-5    runs and whose residence is in the town in the adjoining state may
 29-6    be licensed, if the person's business office is being maintained in
 29-7    this state.  All persons acting as agent or solicitor for health
 29-8    and accident insurance within the provisions hereof, and who
 29-9    represent only fire and casualty companies, and not life insurance
29-10    companies, shall be required to procure only one license, and such
29-11    license as is required under the provisions of this article.]
29-12          [(c)  The Department shall issue a license to a corporation
29-13    if the Department finds:]
29-14                [(1)  That the corporation is a Texas corporation
29-15    organized or existing under the Texas Business Corporation Act or
29-16    the Texas Professional Corporation Act having its principal place
29-17    of business in the State of Texas and having as one of its purposes
29-18    the authority to act as a local recording agent; and]
29-19                [(2)  That every officer, director and shareholder of
29-20    the corporation is individually licensed as a local recording agent
29-21    under the provisions of this Insurance Code, except as may be
29-22    otherwise permitted by this Section or Section 3a of this article,
29-23    or that every officer and director of the corporation is
29-24    individually licensed as a local recording agent under this
29-25    Insurance Code, that the corporation is a wholly owned subsidiary
29-26    of a parent corporation that is licensed as a local recording agent
29-27    under this Insurance Code, and that every shareholder of the parent
29-28    corporation is individually licensed as a local recording agent
29-29    under this Insurance Code, and except as specifically provided by
29-30    this article, that no shareholder of the corporation is a corporate
29-31    entity; and]
29-32                [(3)  That such corporation will have the ability to
29-33    pay any sums up to $25,000 which it might become legally obligated
29-34    to pay on account of any claim made against it by any customer and
29-35    caused by any negligent act, error or omission of the corporation
29-36    or any person for whose acts the corporation is legally liable in
29-37    the conduct of its business as a local recording agent.  The term
29-38    "customer" as used herein shall mean any person, firm or
29-39    corporation to whom such corporation sells or attempts to sell a
29-40    policy of insurance, or from whom such corporation accepts an
29-41    application for insurance.  Such ability shall be proven in one of
29-42    the following ways:]
29-43                      [(A)  An errors and omissions policy insuring
29-44    such corporation against errors and omissions, in at least the sum
29-45    of $100,000 with no more than a $10,000 deductible feature or the
29-46    sum of at least $300,000 with no more than a $25,000 deductible
29-47    feature, issued by an insurance company licensed to do business in
29-48    the State of Texas or, if a policy cannot be obtained from a
29-49    company licensed to do business in Texas, a policy issued by a
29-50    company not licensed to do business in Texas, on filing an
29-51    affidavit with the Texas Department of Insurance stating the
29-52    inability to obtain coverage and receiving the Department's
29-53    approval; or]
29-54                      [(B)  A bond executed by such corporation as
29-55    principal and a surety company authorized to do business in this
29-56    state, as surety, in the principal sum of $25,000, payable to the
29-57    Texas Department of Insurance for the use and benefit of customers
29-58    of such corporation, conditioned that such corporation shall pay
29-59    any final judgment recovered against it by any customer; or]
29-60                      [(C)  A deposit of cash or securities of the
29-61    class authorized by Articles 2.08 and 2.10 of this Code, having a
29-62    fair market value of $25,000 with the comptroller.  The comptroller
29-63    is hereby authorized and directed to accept and receive such
29-64    deposit and hold it exclusively for the protection of any customer
29-65    of such corporation recovering a final judgment against such
29-66    corporation.  Such deposit may be withdrawn only upon filing with
29-67    the Department evidence satisfactory to it that the corporation has
29-68    withdrawn from business, and has no unsecured liabilities
29-69    outstanding, or that such corporation has provided for the
 30-1    protection of its customers by furnishing an errors and omissions
 30-2    policy or a bond as hereinbefore provided.  Securities so deposited
 30-3    may be exchanged from time to time for other qualified securities.]
 30-4                [A binding commitment to issue such a policy or bond,
 30-5    or the tender of such securities, shall be sufficient in connection
 30-6    with any application for license.]
 30-7                [Nothing contained herein shall be construed to permit
 30-8    any unlicensed employee or agent of any corporation to perform any
 30-9    act of a local recording agent without obtaining a local recording
30-10    agent's license.  The Department shall not require a corporation to
30-11    take the examination provided in Section 6 of this Article 21.14.]
30-12                [If at any time, any corporation holding a local
30-13    recording agent's license does not maintain the qualifications
30-14    necessary to obtain a license, the license of such corporation to
30-15    act as a local recording agent shall be cancelled or denied in
30-16    accordance with the provisions of Sections 16, 17 and 18 of this
30-17    Article 21.14; provided, however, that should any person who is not
30-18    a licensed local recording agent acquire shares in such a
30-19    corporation by devise or descent, they shall have a period of 90
30-20    days from date of acquisition within which to obtain a license as a
30-21    local recording agent or to dispose of the shares to a licensed
30-22    local recording agent except as may be permitted by Section 3a of
30-23    this article.]
30-24                [Should such an unlicensed person, except as may be
30-25    permitted by Section 3a of this article, acquire shares in such a
30-26    corporation and not dispose of them within said period of 90 days
30-27    to a licensed local recording agent, then they must be purchased by
30-28    the corporation for their book value, that is, the value of said
30-29    shares of stock as reflected by the regular books and records of
30-30    said corporation, as of the date of the acquisition of said shares
30-31    by said unlicensed person.  Should the corporation fail or refuse
30-32    to so purchase such shares, its license shall be cancelled.]
30-33                [Any such corporation shall have the power to redeem
30-34    the shares of any shareholder, or the shares of a deceased
30-35    shareholder, upon such terms as may be agreed upon by the Board of
30-36    Directors and such shareholder or his personal representative, or
30-37    at such price and upon such terms as may be provided in the
30-38    Articles of Incorporation, the Bylaws, or an existing contract
30-39    entered into between the shareholders of the corporation.]
30-40                [Each corporation licensed as a local recording agent
30-41    shall file, under oath, a list of the names and addresses of all of
30-42    its officers, directors and shareholders with its application for
30-43    renewal license.]
30-44                [Each corporation licensed as a local recording agent
30-45    shall notify the Texas Department of Insurance upon any change in
30-46    its officers, directors or shareholders not later than the 30th day
30-47    after the date on which the change became effective.]
30-48                [The term "firm" as it applies to local recording
30-49    agents in Sections 2, 12 and 16 of this Article 21.14 shall be
30-50    construed to include corporations.]
30-51          [(d)  The department shall issue a license to a bank if the
30-52    department finds that:]
30-53                [(1)  the bank is a national banking association
30-54    organized and existing under the National Bank Acts (12 U.S.C.
30-55    Section 21 et seq.), a state bank organized and existing under
30-56    Subtitle A, Title 3, Finance Code, a state savings bank organized
30-57    and existing under Subtitle C, Title 3, Finance Code, or a bank
30-58    operating subsidiary, as defined by state or federal law, that is
30-59    located and doing business in this state in a place with a
30-60    population of 5,000 or less;]
30-61                [(2)  at least one officer of the bank and each
30-62    individual who will be performing any acts of an agent for the bank
30-63    are individually licensed under this Article; and]
30-64                [(3)  the bank will have the ability to pay any sums up
30-65    to $25,000 that it might become legally obligated to pay on account
30-66    of any claim made against it by a customer and caused by a
30-67    negligent act, error, or omission of the bank or any person for
30-68    whose acts the bank is legally liable in the conduct of its
30-69    business as a local recording agent.  The term "customer" means any
 31-1    person, firm, or corporation to whom the bank sells or attempts to
 31-2    sell a policy of insurance or from whom the bank accepts an
 31-3    application for insurance.  That ability shall be proven through:]
 31-4                      [(A)  an errors and omissions policy insuring the
 31-5    bank against errors and omissions, in at least the sum of $100,000
 31-6    with not more than a $10,000 deductible feature, or the sum of at
 31-7    least $300,000 with not more than a $25,000 deductible feature,
 31-8    issued by an insurance company licensed to do business in this
 31-9    state or, if a policy cannot be obtained from a company licensed to
31-10    do business in this state, a policy issued by a company not
31-11    licensed to do business in this state, on filing an affidavit with
31-12    the department stating the inability to obtain coverage and
31-13    receiving the department's approval;]
31-14                      [(B)  a bond executed by the bank as principal
31-15    and a surety company authorized to do business in this state, as
31-16    surety, in the principal sum of $25,000, payable to the department
31-17    for the use and benefit of customers of the bank, conditioned that
31-18    the bank shall pay any final judgment recovered against it by a
31-19    customer; or]
31-20                      [(C)  a deposit with the comptroller of cash or
31-21    securities of the class authorized by Articles 2.08 and 2.10 of
31-22    this code, with a fair market value of $25,000.  The comptroller
31-23    shall accept and receive the deposit and hold it exclusively for
31-24    the protection of a customer of the bank who recovers a final
31-25    judgment against the bank.  The deposit may be withdrawn only on
31-26    filing with the department satisfactory evidence that the bank has
31-27    withdrawn from the business of insurance and has no unsecured
31-28    liabilities outstanding or that the bank has provided for the
31-29    protection of its customers by furnishing an errors and omissions
31-30    policy or a bond as provided by this subsection.  Securities so
31-31    deposited may be exchanged from time to time for other qualified
31-32    securities.]
31-33                [A binding commitment to issue such a policy or bond,
31-34    or the tender of applicable securities, is sufficient in connection
31-35    with an application for license.]
31-36                [Nothing in this subsection shall be construed to
31-37    permit an unlicensed employee or agent of a bank to perform any act
31-38    of a local recording agent without obtaining a local recording
31-39    agent's license.  The department may not require a bank to take the
31-40    examination provided by Section 6 of this Article.]
31-41                [A bank licensed as an agent under this Article may
31-42    have additional offices from which the business of insurance is
31-43    conducted only in a place with a population of 5,000 or less and
31-44    must comply with the department's regulations regarding additional
31-45    offices.]
31-46                [A bank licensed as an agent under this article must
31-47    maintain its insurance records, including all files relating to and
31-48    reflecting customer complaints, separate from records relating to
31-49    banking transactions of the bank.]
31-50                [If a bank that holds a local recording agent's license
31-51    does not maintain the qualifications necessary to obtain a license,
31-52    the license of that bank to act as a local recording agent shall be
31-53    canceled or denied in accordance with Sections 16 and 18 of this
31-54    article.]
31-55                [Each bank licensed as a local recording agent shall
31-56    file under oath with its application for license renewal a list of
31-57    the name and address of each individual who will be acting as an
31-58    agent on behalf of the bank and of each officer and director of the
31-59    bank, as defined by Article 21.02 of this code, and other
31-60    biographical information as required by the department.]
31-61                [Each bank licensed as a local recording agent shall
31-62    notify the department of any change in its officers and directors
31-63    and any change in other persons who will be performing any acts of
31-64    an agent, as defined by Article 21.02 of this code, and submit
31-65    biographical information on those officers, directors, and persons
31-66    as required by the department not later than the 30th day after the
31-67    date on which the change takes effect.]
31-68                [The term "firm," as that term applies to local
31-69    recording agents in Sections 2, 12, and 16 of this article,
 32-1    includes corporations and banks.]
 32-2          [(e)  The term "partnership" or "agency partnership" as used
 32-3    in this Article means a general partnership or a registered limited
 32-4    liability partnership domiciled in Texas.]
 32-5          [(f)  In this Article, the term "corporation" or
 32-6    "corporations" shall mean a corporation organized under the Texas
 32-7    Business Corporation Act, The Texas Professional Corporation Act
 32-8    (Article 1528e, Vernon's Texas Civil Statutes), or a Texas
 32-9    domiciled limited liability company organized or existing under the
32-10    Texas Limited Liability Company Act (Article 1528n, Vernon's Texas
32-11    Civil Statutes) having its principal place of business in this
32-12    state and having as one of its purposes the authority to act as an
32-13    insurance agent.  Each officer, manager, and member of a limited
32-14    liability company must be licensed under this Article.  The
32-15    licensing and regulation of a limited liability company shall be
32-16    subject to the same provisions and requirements of this Article
32-17    that are applicable to corporations licensed under this Article.]
32-18          [(g)  In this article, the term "bank" means a national
32-19    banking association organized and existing under the National Bank
32-20    Acts (12 U.S.C. Section 21 et seq.), a state bank organized and
32-21    existing under Subtitle A, Title 3, Finance Code, a state savings
32-22    bank organized and existing under Subtitle C, Title 3, Finance
32-23    Code, a bank branch, or a bank operating subsidiary, as defined by
32-24    state or federal law, that is located and doing business in this
32-25    state in a place with a population of 5,000 or less.  A bank
32-26    operating subsidiary, as defined by state or federal law, located
32-27    and doing business in a place in this state with a population of
32-28    5,000 or less may own a licensed corporate agent that is also
32-29    located and doing business in a place with a population of 5,000 or
32-30    less, and is subject to Section 3a(5) of this Article.]
32-31          [Sec. 3a.  PERSONS OTHER THAN LICENSED LOCAL RECORDING AGENTS
32-32    WHO MAY SHARE IN PROFITS OF LOCAL RECORDING AGENT.  (1)  Upon the
32-33    death of a duly licensed local recording agent who is a member of
32-34    an agency partnership, the surviving spouse and children, if any,
32-35    of such deceased partner, or a trust for such surviving spouse and
32-36    children, may share in the profits of such agency partnership
32-37    during the lifetime of such surviving spouse or such children, as
32-38    the case may be, if and as provided by a written partnership
32-39    agreement, or in the absence of any written agreement, if and as
32-40    agreed by the surviving partner or partners and the surviving
32-41    spouse, the trustee, and the legal representative of the surviving
32-42    child or children.  Such surviving spouse and any such surviving
32-43    children or trusts shall not be required to qualify as local
32-44    recording agents to participate in such profits, but shall not do
32-45    or perform any act of a local recording agent on behalf of such
32-46    partnership without having qualified as a local recording agent;
32-47    provided, however, that a duly licensed local recording agent who
32-48    is a member of an agency partnership may, with the approval of the
32-49    other members of the partnership, transfer an interest in the
32-50    agency partnership to his children or a trust for same, and may
32-51    operate such interest for their use and benefit; and such children
32-52    or trusts may share in the profits of such agency partnership.
32-53    Such child or children or trusts shall not be required to qualify
32-54    as a local recording agent to participate in such profits, but
32-55    shall not do or perform any act of a local recording agent on
32-56    behalf of such partnership without having qualified as a local
32-57    recording agent.]
32-58          [(2)  Upon the death of a duly licensed local recording
32-59    agent, who is a sole proprietorship, unless otherwise provided by
32-60    the last will of such deceased agent, the surviving spouse and
32-61    children, if any, of such deceased agent, or a trust for such
32-62    spouse or children, may share in the profits of the continuance of
32-63    the agency business of said deceased agent, provided such agency
32-64    business is continued by a duly licensed local recording agent.
32-65    Said surviving spouse, trusts or children, may participate in such
32-66    profits during the lifetime of such surviving spouse and said
32-67    children.  Said surviving spouse, trusts or children shall not be
32-68    required to qualify as local recording agents in order to
32-69    participate in the profits of such agency, but shall not do or
 33-1    perform any act of a local recording agent in connection with the
 33-2    continuance of such agency business without first having been duly
 33-3    licensed as a local recording agent; provided, however, that a duly
 33-4    licensed local recording agent who is a sole proprietorship may
 33-5    transfer an interest in his agency to his children, or a trust for
 33-6    same, and may operate such interest for their use and benefit; and
 33-7    such children may share in the profits of such local recording
 33-8    agency during their lifetime, and during such time shall not be
 33-9    required to qualify as a local recording agent in order to
33-10    participate in such profits, but shall not do or perform any act of
33-11    a local recording agent in connection with such agency business
33-12    without first having been duly licensed as a local recording agent.]
33-13          [(3)  Upon the death of a shareholder in a corporate licensed
33-14    local recording agency, the surviving spouse and children, if any,
33-15    of such deceased shareholder, or a trust for such surviving spouse
33-16    and children, may share in the profits of such corporate agency
33-17    during the lifetime of such surviving spouse or children, as the
33-18    case may be, if and as provided by a contract entered into by and
33-19    between all of the shareholders and the corporation.  Any such
33-20    surviving spouse, surviving children, or trusts shall not be
33-21    required to individually qualify as a local recording agent in
33-22    order to participate in such profits, but shall not do or perform
33-23    any act of a local recording agency on behalf of such corporation
33-24    without having qualified as a local recording agent; provided,
33-25    however, that a shareholder in a corporate licensed local recording
33-26    agent, may, if provided by a contract entered into by and between
33-27    all of the shareholders and the corporation, transfer an interest
33-28    in the agency to his children or a trust for same, and such
33-29    children or trusts may share in the profits of such agency to the
33-30    extent of such interest during their lifetime.  Such children or
33-31    trusts shall not be required to qualify as a local recording agent
33-32    to participate in such profits, but shall not do or perform any act
33-33    of a local recording agent on behalf of such corporation without
33-34    having qualified as a local recording agent.]
33-35          [(4)  Except as provided in Subsections (1), (2), and (3)
33-36    above, and as may be provided in Section 6a, Article 21.14 of the
33-37    Insurance Code, no person shall be entitled to perform any act of a
33-38    local recording agent nor in any way participate as a partner or
33-39    corporate shareholder in the profits of any local recording agent,
33-40    without first having qualified as a duly licensed local recording
33-41    agent and having successfully passed the examination required by
33-42    the Insurance Code; provided, however, that all persons, or trusts
33-43    for any person, that received licenses before March 1, 1963, as
33-44    silent, inactive, or non-active partners, or who are silent,
33-45    inactive, or non-active partners in an agency which was so
33-46    qualified before such date, shall continue to receive licenses, or
33-47    renewals thereof, as partners in such agency or in any successor
33-48    agency, providing: (a) that such persons are members of an agency
33-49    in which there is at least one partner who has qualified as a duly
33-50    licensed local recording agent; (b) that such non-active partner or
33-51    partners do not actively solicit insurance; and (c) that such
33-52    agency is not a limited partnership.]
33-53          [(5)  Notwithstanding any provision of this article or this
33-54    code to the contrary, a bank located and doing business in a place
33-55    with a population of 5,000 or less that owns a licensed bank
33-56    operating subsidiary, as defined by state or federal law, that is
33-57    also located and doing business in a place with a population of
33-58    5,000 or less may receive profits from the licensed bank operating
33-59    subsidiary.  To advertise under the bank name or participate in the
33-60    insurance operation other than by receiving profits from the
33-61    insurance business, the bank must hold an agent license.  Nothing
33-62    in this section permits a bank or any affiliate to pay commissions
33-63    or other valuable consideration to any nonlicensed employees, and a
33-64    bank may not pay, credit, or otherwise reward particular
33-65    nonlicensed units or geographic locations of the bank or any of its
33-66    affiliates with a portion of the commission.]
33-67          [Sec. 4.  ACTING WITHOUT LICENSE FORBIDDEN.  (a)  It shall be
33-68    unlawful for any person, firm, partnership, corporation or bank, or
33-69    any partner, officer, director, employee, or shareholder of a
 34-1    corporation, or any officer, director, or employee of a bank to act
 34-2    as a local recording agent or solicitor in procuring business for
 34-3    any insurance company, corporation, interinsurance exchange,
 34-4    mutual, reciprocal, association, Lloyds or other insurance carrier,
 34-5    until that person or entity shall have in force the license
 34-6    provided for herein.]
 34-7          [(b)  No insurer doing business in this state shall pay
 34-8    directly or indirectly any commission, or other valuable
 34-9    consideration, to any person, firm, partnership, corporation, or
34-10    bank for services as a local recording agent within this state,
34-11    unless such person, firm, partnership, corporation, or bank shall
34-12    hold a currently valid license and appointment to act as a local
34-13    recording agent as required by the laws of this state; nor shall
34-14    any person, firm, partnership, corporation, or bank other than a
34-15    duly licensed and appointed local recording agent accept any such
34-16    commission or other valuable consideration; provided, however, that
34-17    nothing contained in this subsection shall prohibit an assigned
34-18    risk pool or assigned risk plan, duly authorized to operate by the
34-19    laws of this state, from paying commissions, or other valuable
34-20    consideration, to a duly licensed person, firm, partnership,
34-21    corporation, or bank for services as a local recording agent.]
34-22          [(c)  No licensed local recording agent, managing general
34-23    agent, or surplus lines agent doing business in this state shall
34-24    pay directly or indirectly any commission, or other valuable
34-25    consideration, to any person, firm, partnership, corporation, or
34-26    bank for services as a local recording agent within this state,
34-27    unless such person, firm, partnership, corporation, or bank shall
34-28    hold a currently valid license to act as a local recording agent as
34-29    required by the laws of this state; nor shall any person, firm,
34-30    partnership, corporation, or bank other than a duly licensed local
34-31    recording agent accept any such commission or other valuable
34-32    consideration.]
34-33          [(d)  No local recording agent doing business in this state
34-34    shall pay directly or indirectly any commission, or other valuable
34-35    consideration, to any person for services as a solicitor within
34-36    this state, unless such person shall hold a currently valid license
34-37    and appointment to act as a solicitor for such local recording
34-38    agent as required by the laws of this state; nor shall any person
34-39    other than a duly licensed and appointed solicitor accept any such
34-40    commission or other valuable consideration.]
34-41          [Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.
34-42    No license shall be granted to any person, firm, partnership,
34-43    corporation, or bank as a local recording agent or to a person as a
34-44    solicitor, for the purpose of writing any form of insurance, unless
34-45    it is found by the department that such person, firm, partnership,
34-46    corporation, or bank is or intends to be, actively engaged in the
34-47    soliciting or writing of insurance for the public generally; that
34-48    each person or individual of a firm is a resident of Texas and is
34-49    to be actively engaged in good faith in the business of insurance,
34-50    and that the application is not being made in order to evade the
34-51    laws against rebating and discrimination either for the applicant
34-52    or for some other person, firm, partnership, corporation, or bank.
34-53    Nothing herein contained shall prohibit an applicant insuring
34-54    property which the applicant owns or in which the applicant has an
34-55    interest; but it is the intent of this Section to prohibit coercion
34-56    of insurance and to preserve to each citizen the right to choose
34-57    that individual's own agent or insurance carrier, and to prohibit
34-58    the licensing of an individual, firm, partnership, corporation, or
34-59    bank to engage in the insurance business principally to handle
34-60    business which the applicant controls only through ownership,
34-61    mortgage or sale, family relationship or employment, which shall be
34-62    taken to mean that an applicant who is making an original
34-63    application for license shall show the department that the
34-64    applicant has a bona fide intention to engage in business in which,
34-65    in any calendar year, at least twenty-five per cent (25%) of the
34-66    total volume of premiums shall be derived from persons or
34-67    organizations other than applicant and from property other than
34-68    that on which the applicant shall control the placing of insurance
34-69    through ownership, mortgage, sale, family relationship or
 35-1    employment.  Nothing herein contained shall be construed to
 35-2    authorize a partnership, corporation, or bank to receive a license
 35-3    as a solicitor.]
 35-4          [Sec. 5a.  REQUIREMENTS AS TO KNOWLEDGE OR INSTRUCTION FOR
 35-5    LOCAL RECORDING AGENT'S LICENSE.  (a)  Every applicant for local
 35-6    recording agent's license from and after October 1, 1971, shall
 35-7    upon the successful passage of the examination for local recording
 35-8    agent's license as promulgated by the State Board of Insurance
 35-9    pursuant to the provisions of this Article 21.14 be issued a
35-10    temporary local recording agent's license.  The holder of a
35-11    temporary local recording agent's license shall have the same
35-12    authority and be subject to the same provisions of the law as local
35-13    recording agents until such temporary license shall expire.  Each
35-14    such temporary license so issued shall expire upon the happening of
35-15    any one of the following, whichever shall first occur, to wit:]
35-16                [(i)  The issuance of a local recording agent's license
35-17    to such person;]
35-18                [(ii)  One year from date of issuance of the temporary
35-19    local recording agent's license.]
35-20          [Each such person receiving a temporary license as set out
35-21    above shall within one (1) year from the issue date of such
35-22    temporary license complete to the satisfaction of the State Board
35-23    of Insurance one of the following courses of study:]
35-24                [(i)  Classroom courses in insurance satisfactory to
35-25    the State Board of Insurance at a school, college, junior college
35-26    or extension thereof; or]
35-27                [(ii)  An insurance company or agents' association
35-28    school approved by the State Board of Insurance; or]
35-29                [(iii)  A correspondence course in insurance approved
35-30    by the State Board of Insurance.]
35-31          [Upon the successful completion of any one of the above
35-32    courses of study within the one year period, the temporary agent
35-33    shall then be entitled to receive from the State Board of Insurance
35-34    his local recording agent's license.]
35-35          [(b)  Provided, however, none of the provisions of this
35-36    section shall apply to the following:]
35-37                [(1)  To any person holding a license as a local
35-38    recording agent upon the effective date of this Act.]
35-39                [(2)  To any person applying for an emergency local
35-40    recording agent's license under the provisions of Section 6a of
35-41    Article 21.14 of the Insurance Code of Texas.]
35-42                [(3)  To any person who holds the designation Chartered
35-43    Property and Casualty Underwriter (C.P.C.U.) from the American
35-44    Institute for C.P.C.U., the designation Certified Insurance
35-45    Counselor (C.I.C.) from the national Society of Certified Insurance
35-46    Counselors, or the designation Accredited Adviser in Insurance
35-47    (A.A.I.) from the Insurance Institute of America.]
35-48                [(4)  To any person who has a bachelor's degree from a
35-49    four-year accredited college or university with a major in
35-50    insurance.]
35-51                [(5)  To any person who within two (2) years
35-52    immediately preceding the filing of an application was a licensed
35-53    agent in good standing in the state from which the person moved to
35-54    Texas, provided such state makes similar provision for those agents
35-55    who may move from Texas to such state.]
35-56                [(6)  To any person desiring to apply for a license to
35-57    solicit and write exclusively all forms of insurance authorized to
35-58    be solicited and written in Texas covering the ownership,
35-59    operation, maintenance or use of any motor vehicle, its accessories
35-60    and equipment, designed for use upon the public highways, including
35-61    trailers and semitrailers.  Such person shall continue to apply for
35-62    and qualify to be licensed under the other provisions of Article
35-63    21.14 of the Insurance Code of Texas.  Provided, such applicant
35-64    shall be required to take and pass, to the satisfaction of the
35-65    Texas Department of Insurance, an examination, promulgated by said
35-66    department, covering only those forms of insurance referred to in
35-67    this paragraph.  Provided, when such a person so applies and
35-68    qualifies, the person shall be issued a license which shall contain
35-69    on the face of said license the following language:  "Motor vehicle
 36-1    insurance only."  An agent holding such a limited license hereby
 36-2    created shall solicit only those forms of insurance hereinabove
 36-3    provided, but shall be subject to all other laws relating to local
 36-4    recording agents.]
 36-5          [(c)  There is hereby created an Agents' Education Advisory
 36-6    Board whose duties shall be to advise with and make recommendations
 36-7    to the State Board of Insurance concerning the curriculum, course
 36-8    content and schools to be approved under Subsection (a) above.  The
 36-9    members of said Advisory Board shall be appointed by the chairman
36-10    of the State Board of Insurance and shall serve for one year, from
36-11    September 1 to August 31, or until their successors are appointed.
36-12    Said Advisory Board shall be composed of the following persons: Two
36-13    (2) members, each of whom shall be a resident of Texas and have a
36-14    minimum of ten (10) years' experience as an executive of a fire and
36-15    casualty company doing business in Texas and whose company operates
36-16    an agents' school; two (2) members, each of whom shall be a
36-17    licensed local recording agent in Texas with a minimum of ten (10)
36-18    years' experience as an agent; and one (1) member who shall be a
36-19    teacher of insurance at a four-year accredited college or
36-20    university in Texas.  Said Advisory Board shall meet at the offices
36-21    of the State Board of Insurance upon call of the chairman of the
36-22    State Board of Insurance and the members of said Advisory Board
36-23    shall be paid out of the Recording Agents License Fund for their
36-24    actual and necessary expenses incurred in connection with their
36-25    attendance at said meetings.]
36-26          [Sec. 5b.  CONTINUING EDUCATION.  (a)  The State Board of
36-27    Insurance shall adopt a procedure for certifying and shall certify
36-28    continuing education programs for agents.  Participation in the
36-29    programs is mandatory for all agents licensed under this article.
36-30    The State Board of Insurance shall exempt agents who have been
36-31    licensed for 20 years or more on or after September 1, 1992, and
36-32    shall have the rulemaking authority to provide for other reasonable
36-33    exemptions.  No agent shall be required to complete more than 15
36-34    hours of continuing education per year.  An agent licensed under
36-35    both Articles 21.07-1 and 21.14 of this code and any subsequent
36-36    amendments may elect to satisfy the continuing education
36-37    requirements of either article and shall not be required to
36-38    complete a total of more than 15 hours of continuing education per
36-39    year.]
36-40          [(b)  On written request of the agent, the State Board of
36-41    Insurance may extend the time for the agent to comply with the
36-42    continuing education requirements of this section or may exempt the
36-43    agent from some or all of the requirements for a licensing period
36-44    if the board finds that the agent is unable to comply with the
36-45    requirements because of illness, medical disability, or another
36-46    extenuating circumstance beyond the control of the agent.  The
36-47    criteria for such exemptions and extensions shall be established by
36-48    rule.]
36-49          [Sec. 5c.  ADVISORY COUNCIL.  (a)  An advisory council of
36-50    nine members shall be appointed by the State Board of Insurance to
36-51    furnish the Board with information and assistance in the conduct of
36-52    the continuing education program for agents licensed under Articles
36-53    21.07-1 and 21.14.]
36-54          [(b)  Four of the members of the advisory council must be
36-55    representatives of the general public.  A public representative may
36-56    not be:]
36-57                [(1)  an officer, director, or employee of an insurance
36-58    company, insurance agency, agent, broker, solicitor, adjuster, or
36-59    any other business entity regulated by the State Board of
36-60    Insurance;]
36-61                [(2)  a person required to register with the secretary
36-62    of state under Chapter 305, Government Code; or]
36-63                [(3)  related to a person described by Subdivision (1)
36-64    or (2) of this subsection within the second degree of affinity or
36-65    consanguinity.]
36-66          [Sec. 5d.  Notwithstanding the rules or regulations of any
36-67    other state agency, the board has sole jurisdiction for all matters
36-68    relating to the continuing education of insurance agents who are
36-69    licensed under this Article.]
 37-1          [Sec. 6.  EXAMINATION REQUIRED; EXCEPTIONS.  (a)  If
 37-2    applicant for a local recording agent's license has not prior to
 37-3    date of such application, been licensed as a local recording agent,
 37-4    or if the applicant for a solicitor's license has not been licensed
 37-5    as a local recording agent or as a solicitor prior to date of such
 37-6    application, the Board shall require such applicant to submit to a
 37-7    written examination covering all kinds of insurance or contracts,
 37-8    which license if granted, will permit the applicant to solicit.]
 37-9          [(b)  Any applicant for local recording agent's license who
37-10    has prior to the date of such application been licensed as a local
37-11    recording agent, shall be entitled to a local recording agent's
37-12    license without examination, provided the other requirements of
37-13    this article are met.  Any applicant for solicitor's license who
37-14    has been licensed as a local recording agent or as a solicitor
37-15    prior to date of such application, shall be entitled to a
37-16    solicitor's license without an examination, provided the other
37-17    requirements of this article are met.]
37-18          [(c)  The Board by rule shall apply different examination
37-19    standards to a solicitor employed as an insurance service
37-20    representative than those applied to other solicitors.]
37-21          [Sec. 6a.  DEATH, DISABILITY OR INSOLVENCY; EMERGENCY LICENSE
37-22    WITHOUT EXAMINATION.  In event of death or disability of a local
37-23    recording agent or in event a local recording agent is found to be
37-24    insolvent and unable to pay for premiums coming to his hands as
37-25    such local recording agent, the Board may issue to an applicant for
37-26    local recording agent's license an emergency local recording
37-27    agent's license for a period of ninety (90) days in any twelve (12)
37-28    consecutive months and at the Board's option, an additional period
37-29    up to ninety (90) days without an examination provided the other
37-30    requirements of this article are met and if it is established to
37-31    the satisfaction of the Board that such emergency license is
37-32    necessary for the preservation of the agency assets of a deceased
37-33    or disabled local recording agent or of an insolvent local
37-34    recording agent.]
37-35          [Sec. 7.  Unless the State Board of Insurance accepts a
37-36    qualifying examination administered by a testing service, as
37-37    provided under Article 21.01-1, Insurance Code, as amended, all
37-38    examinations provided by this article shall be conducted by the
37-39    State Board of Insurance, and shall be held not less frequently
37-40    than one each sixty (60) days every year at times and places
37-41    prescribed by the State Board of Insurance, of which applicants
37-42    shall be notified by the State Board of Insurance in writing ten
37-43    (10) days prior to the date of such examinations, and shall be
37-44    conducted in writing in either the English or Spanish language.
37-45    Provided, further, that printed copies of a manual of questions and
37-46    answers thereto pertaining to the examination published under the
37-47    direction of the State Board of Insurance shall be made available
37-48    to all companies, general agents, and managers for the use of their
37-49    prospective agents, to all agents for the use of their prospective
37-50    solicitors in preparing for such examination.  The questions to be
37-51    asked on such examination shall be based upon the questions and
37-52    answers contained in the manual.]
37-53          [Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  Except as may be
37-54    provided by a staggered renewal system adopted under Article
37-55    21.01-2 of this code, every license issued to a local recording
37-56    agent or a solicitor shall expire two years from the date of its
37-57    issue, unless a completed application to qualify for the renewal of
37-58    any such license shall be filed with the State Board of Insurance
37-59    and a nonrefundable fee paid on or before such date, in which event
37-60    the license sought to be renewed shall continue in full force and
37-61    effect until renewed or renewal is denied.]
37-62          [Sec. 9.  FEES PAYABLE BEFORE EXAMINATION.  Unless the State
37-63    Board of Insurance accepts a qualifying examination administered by
37-64    a testing service, as provided under Article 21.01-1, Insurance
37-65    Code, as amended, applicants required to be examined shall, at time
37-66    and place of examination, pay prior to being examined the following
37-67    fees:  For a local recording agent's license a fee in an amount not
37-68    to exceed $50 as determined by the State Board of Insurance and for
37-69    a solicitor's license a fee in an amount not to exceed $20 as
 38-1    determined by the State Board of Insurance.  The fees paid under
 38-2    this section shall not be returned for any reason other than
 38-3    failure to appear and take the examination after the applicant has
 38-4    given at least 24 hours' notice of an emergency situation to the
 38-5    State Board of Insurance and received board approval.  A new fee
 38-6    shall be paid before each and every examination.]
 38-7          [Sec. 10.  RENEWAL FEES.  (a)  An applicant for the renewal
 38-8    of a local recording agent's license shall pay, at the time the
 38-9    renewal application is filed, a fee in an amount not to exceed $50
38-10    as determined by the State Board of Insurance.  An applicant for
38-11    the renewal of a solicitor's license shall pay, at the time the
38-12    renewal application is filed, a fee in an amount not to exceed $20
38-13    as determined by the State Board of Insurance.]
38-14          [Sec. 11.  ISSUANCE OF LICENSE.  (a)  Whenever the provisions
38-15    of this article have been complied with, the Board shall issue to
38-16    any applicant the license applied for where such applicant shall
38-17    have satisfactorily passed the examination prescribed by the State
38-18    Board of Insurance, and who shall possess the other qualifications
38-19    required by this article.]
38-20          [(b)  The Commissioner of Insurance shall collect in advance
38-21    from agents requesting duplicate licenses a fee not to exceed $20.
38-22    The State Board of Insurance shall determine the amount of the fee.]
38-23          [Sec. 12.  (a)  After a person or firm shall be granted a
38-24    license as a local recording agent in this state, that person or
38-25    firm shall be authorized to act as such local recording agent in
38-26    this state, only after and during the time such person or firm has
38-27    been authorized so to do, by an insurance company having a permit
38-28    to do business in this state; and when so authorized each company
38-29    or carrier or its general or state or special agent making the
38-30    appointment shall immediately notify the Commissioner of Insurance,
38-31    on such form as the Commissioner may require, of the appointment.
38-32    If approval of an additional appointment is not received from the
38-33    Commissioner before the eighth day after the date on which the
38-34    completed application and fee were received by the Commissioner,
38-35    the agent and the insurance company may assume that the
38-36    Commissioner approves the application, and the agent may act for
38-37    the insurance company.  The agent shall be required to pay a
38-38    nonrefundable fee of $16.00 for each appointment applied for, which
38-39    fee shall accompany the notice, and such person or firm shall be
38-40    presumed to be the agent for such company in this state until such
38-41    company or its general or state or special agent shall have
38-42    delivered written notice to the Commissioner of Insurance that such
38-43    appointment has been withdrawn.]
38-44          [(b)  Every insurance carrier shall, upon termination for
38-45    cause of the appointment of any agent, immediately file with the
38-46    State Board of Insurance a statement of the facts relative to the
38-47    termination of the appointment and the date and cause thereof.  The
38-48    Board shall thereupon record the termination of the appointment of
38-49    such agent to represent such insurance carrier in this state.  The
38-50    agent terminated for cause shall receive from the insurance carrier
38-51    a copy of the notice sent to the State Board of Insurance.]
38-52          [(c)  Any information, document, record or statement required
38-53    to be made or disclosed to the Board pursuant to this Article shall
38-54    be deemed confidential and privileged unless or until introduced as
38-55    evidence in an administrative hearing.]
38-56          [(d)  No liability may be imposed on any insurance carrier,
38-57    its employees or agents, or any other person, acting without
38-58    malice, providing the information required to be disclosed pursuant
38-59    to this section.]
38-60          [Sec. 13.  APPLICATION FOR SOLICITOR'S LICENSE.  When any
38-61    local recording agent who has been appointed by an insurance
38-62    carrier having a permit to do business in this State shall desire
38-63    to appoint a solicitor in the operation of his business, he and a
38-64    company jointly shall make application for a license for such
38-65    solicitor to the Board of Insurance Commissioners, in such form as
38-66    the Board may require.]
38-67          [Sec. 14.  NOTICE TO INSURANCE COMMISSIONERS OF SOLICITOR'S
38-68    APPOINTMENT; AUTHORITY TO SOLICIT.  (a)  No solicitor shall be
38-69    authorized to solicit insurance until after the State Board of
 39-1    Insurance shall have been notified by a local recording agent of
 39-2    his appointment, and no local recording agent shall accept business
 39-3    tendered by a solicitor until such local recording agent has given
 39-4    notice to the State Board of Insurance of such solicitor's
 39-5    appointment as such, and until such solicitor has been licensed by
 39-6    the State Board of Insurance.  No solicitor shall have outstanding
 39-7    at any time a notification of appointment from more than one local
 39-8    recording agent, and a solicitor shall solicit insurance only in
 39-9    the name of and for the account of the local recording agent by
39-10    whom he has been appointed.]
39-11          [(b)  If approval of an appointment of a currently licensed
39-12    solicitor is not received from the Commissioner before the eighth
39-13    day after the date on which the completed application and
39-14    nonrefundable fee were received by the Commissioner, the solicitor
39-15    and local recording agent may assume that the Commissioner approves
39-16    the application, and the solicitor may act for the local recording
39-17    agent.]
39-18          [(c)  A licensed solicitor's appointment may be terminated
39-19    either by the local recording agent who appointed the solicitor or
39-20    by the solicitor on the filing of notice with the Board of the
39-21    termination.]
39-22          [(d)  Upon termination for cause of the appointment of any
39-23    solicitor, the local recording agent shall immediately file with
39-24    the State Board of Insurance a statement of the facts relative to
39-25    the termination of the appointment and the date and cause thereof.
39-26    The Board shall thereupon record the termination of the appointment
39-27    of such solicitor to represent such local recording agent.  The
39-28    solicitor terminated for cause shall receive from the local
39-29    recording agent a copy of the notice sent to the State Board of
39-30    Insurance.]
39-31          [(e)  Any information, document, record or statement required
39-32    to be made or disclosed to the Board pursuant to this Article shall
39-33    be deemed privileged and confidential unless or until introduced
39-34    into evidence in an administrative hearing.]
39-35          [(f)  No liability may be imposed on any insurance carrier,
39-36    its employees or agents, or any other person, acting without
39-37    malice, providing the information required to be disclosed pursuant
39-38    to this section.]
39-39          [Sec. 15.  FIRE INSURANCE IN EXCESS OF VALUE, WRITING OF
39-40    FORBIDDEN.  It shall be unlawful for any local recording agent or
39-41    solicitor for an insurance company or insurance carrier knowingly
39-42    to grant, write or permit a greater amount of insurance against
39-43    loss by fire than the reasonable value of the subject of insurance.]
39-44          [Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
39-45    license of any local recording agent shall be suspended during a
39-46    period in which the agent does not have outstanding a valid
39-47    appointment to act as an agent for an insurance company.  The Board
39-48    shall end the suspension on receipt of evidence satisfactory to the
39-49    board that the agent has a valid appointment.  The Board shall
39-50    cancel the license of a solicitor if the solicitor does not have
39-51    outstanding a valid appointment to act as a solicitor for a local
39-52    recording agent, and shall suspend the license during a period that
39-53    the solicitor's local recording agent does not have outstanding a
39-54    valid appointment to act as an agent under this Article.]
39-55          [(b)  The department may discipline any local recording agent
39-56    or solicitor or deny an application under Section 5, Article
39-57    21.01-2, of this code if it finds that the applicant, individually
39-58    or through any officer, director, or shareholder, for or holder of
39-59    such license:]
39-60                [(1)  Has wilfully violated any provision of the
39-61    insurance laws of this state;]
39-62                [(2)  Has intentionally made a material misstatement in
39-63    the application for such license;]
39-64                [(3)  Has obtained, or attempted to obtain, such
39-65    license by fraud or misrepresentation;]
39-66                [(4)  Has misappropriated or converted to the
39-67    applicant's or licensee's own use or illegally withheld money
39-68    belonging to an insurer or an insured or beneficiary;]
39-69                [(5)  Has been guilty of fraudulent or dishonest acts;]
 40-1                [(6)  Has materially misrepresented the terms and
 40-2    conditions of any insurance policies or contracts;]
 40-3                [(7)  Has made or issued, or caused to be made or
 40-4    issued, any statement misrepresenting or making incomplete
 40-5    comparisons regarding the terms or conditions of any insurance
 40-6    contract legally issued by an insurance carrier for the purpose of
 40-7    inducing or attempting to induce the owner of such contract to
 40-8    forfeit or surrender such contract or allow it to expire for the
 40-9    purpose of replacing such contract with another;]
40-10                [(8)  Is convicted of a felony;]
40-11                [(9)  Is guilty of rebating any insurance premium or
40-12    discriminating as between insureds;]
40-13                [(10)  Is not engaged in the soliciting or writing of
40-14    insurance for the public generally as required by Section 5 of this
40-15    Article; or]
40-16                [(11)  Is afflicted with a disability as that term is
40-17    defined by Subsection (a) of Article 21.15-6 of this code.]
40-18          [(c)  The State Board of Insurance may order that a local
40-19    recording agent or solicitor who is afflicted with a disability be
40-20    placed on disability probation under the terms and conditions
40-21    specified under Article 21.15-6 of this code instead of taking
40-22    disciplinary action under Subsection (b) of this section.]
40-23          [(d)  A license applicant or licensee whose license
40-24    application or license has been denied, refused, or revoked under
40-25    this section may not apply for any license as an insurance agent
40-26    before the first anniversary of the effective date of the denial,
40-27    refusal, or revocation, or, if the applicant or licensee seeks
40-28    judicial review of the denial, refusal, or revocation before the
40-29    first anniversary of the date of the final court order or decree
40-30    affirming that action.  The Commissioner may deny an application
40-31    timely filed if the applicant does not show good cause why the
40-32    denial, refusal, or revocation of the previous license application
40-33    or license should not be considered a bar to the issuance of a new
40-34    license.  This subsection does not apply to an applicant whose
40-35    license application was denied for failure to pass a required
40-36    written examination.]
40-37          [Sec. 18.  APPEAL.  If the Commissioner refuses an
40-38    application for license as provided by this article, or suspends,
40-39    revokes, or refuses to renew any license at a hearing as provided
40-40    by this article, and if the applicant or accused is dissatisfied
40-41    with the action of the Commissioner, the applicant or accused may
40-42    appeal from the action in accordance with Article 1.04 of this
40-43    Code.]
40-44          [Sec. 19.  NOTICE TO LAST ADDRESS.  Where notice to the
40-45    applicant or accused is provided for in any part of this article,
40-46    notice by registered mail to his last known address shall be
40-47    sufficient.]
40-48          [Sec. 20.  LIFE, HEALTH AND ACCIDENT INSURANCE, INAPPLICABLE
40-49    TO; OTHER EXCEPTIONS.  The provisions of this article do not apply
40-50    to the Life, Health and Accident Insurance business or the Life,
40-51    Health and Accident Department of the companies engaged therein,
40-52    nor shall it apply to any of the following, namely:]
40-53          [(a)  Any actual full-time home office salaried employee of
40-54    any insurance carrier licensed to do business in Texas, other than
40-55    an employee who solicits or receives an application for the sale of
40-56    insurance through an oral, written, or electronic communication in
40-57    accordance with Section 20A of this article.]
40-58          [(b)  Any actual attorney in fact and its actual traveling
40-59    salaried representative as to business transacted through such
40-60    attorney in fact or salaried representative of any reciprocal
40-61    exchange or interinsurance exchange admitted to do business in
40-62    Texas.]
40-63          [(c)  Any adjuster of losses, and/or inspector of risks, for
40-64    an insurance carrier licensed to do business in Texas.]
40-65          [(d)  Any General Agent or State Agent or Branch Manager
40-66    representing an admitted and licensed insurance company or carrier,
40-67    or insurance companies or carriers, in a supervisory capacity.]
40-68          [(e)  The actual attorney in fact for any Lloyds.]
40-69          [(f)  All incorporated or unincorporated mutual insurance
 41-1    companies, their agents and representatives, organized and/or
 41-2    operating under and by authority of Chapters 16 and 17 of this
 41-3    code.]
 41-4          [(g)  Nothing in this entire article shall ever be construed
 41-5    to apply to any member, agent, employee, or representative of any
 41-6    county or farm mutual insurance company as exempted under Chapters
 41-7    16 and 17 of this code.]
 41-8          [(h)  Nothing in this article shall apply to the group motor
 41-9    vehicle insurance business or the group motor vehicle department of
41-10    the companies engaged in that business.]
41-11          [(i)  Salaried employees not involved in solicitation or
41-12    negotiation of insurance in the office of a local recording agent
41-13    who devote their full time to clerical and administrative services,
41-14    including the incidental taking of information from customers and
41-15    receipt of premiums in the office of a local recording agent,
41-16    provided the employees do not receive any commissions and their
41-17    compensation is not varied by the volume of premiums taken and
41-18    received.]
41-19          [Sec. 20A.  FULL-TIME HOME OFFICE SOLICITORS:  MANDATORY
41-20    REGISTRATION, CONTINUING EDUCATION, AND NOTIFICATION TO CONSUMERS;
41-21    DISCIPLINARY ACTIONS.  (a)  Any actual full-time home office
41-22    salaried employee of any insurance carrier licensed to do business
41-23    in Texas who solicits or receives an application for the sale of
41-24    insurance through an oral, written, or electronic communication
41-25    shall register with the commissioner.]
41-26          [(b)  Any insurance carrier licensed to do business in Texas
41-27    whose general plan of operation includes the use of employees
41-28    described in Subsection (a) of this section shall certify to the
41-29    commissioner that such employees receive continuing education of
41-30    not less than 15 hours per year designed to give such employees:]
41-31                [(1)  reasonable familiarity with the broad principles
41-32    of insurance, with licensing and regulatory laws, and with
41-33    provisions, terms, and conditions of the insurance which the
41-34    registrant transacts; and]
41-35                [(2)  a fair and general understanding of the
41-36    obligations and duties of an insurer to an insured, including
41-37    training in ethical considerations.]
41-38          [(c)  The registration of any actual full-time home office
41-39    salaried employee shall be suspended and the employer insurance
41-40    carrier may be disciplined in accordance with the insurance laws of
41-41    this state, if the commissioner finds that the registrant:]
41-42                [(1)  has wilfully violated any provision of this code,
41-43    the laws of this state, or a rule of the commissioner;]
41-44                [(2)  has been guilty of fraudulent or dishonest acts;]
41-45                [(3)  has materially misrepresented the terms and
41-46    conditions of any insurance policies or contracts;]
41-47                [(4)  has made or issued, or caused to be made or
41-48    issued, any statement misrepresenting or making incomplete
41-49    comparisons regarding the terms or conditions of any insurance
41-50    contract legally issued by an insurance carrier for the purpose of
41-51    inducing or attempting to induce the owner of such contract to
41-52    forfeit or surrender such contract or allow it to expire for the
41-53    purpose of replacing such contract with another;]
41-54                [(5)  is guilty of rebating any insurance premium or
41-55    discriminating as between insureds; or]
41-56                [(6)  has been convicted of a felony involving fraud or
41-57    breach of fiduciary duty.]
41-58          [(d)  Registrants under this section shall disclose such
41-59    registration when making an oral, written, or electronic
41-60    communication to solicit or receive an application for the sale of
41-61    insurance.]
41-62          [(e)  The commissioner shall adopt rules to implement the
41-63    provisions of this section.]
41-64          [Sec. 21.  FEES, DISPOSITION OF; APPROPRIATIONS.  The fees
41-65    herein provided for, when collected, shall be deposited in the
41-66    State Treasury to the credit of the State Board of Insurance
41-67    operating fund; provided that no expenditures shall be made from
41-68    said fund except under authority of the Legislature as set forth in
41-69    the General Appropriation Bill; provided further that no
 42-1    appropriation shall ever be made out of the General Revenue Fund
 42-2    for the purpose of administering this article or any provision
 42-3    thereof.]
 42-4          [Sec. 22.  REBATES OR INDUCEMENTS FORBIDDEN.  It shall be
 42-5    unlawful for any local recording agent to pay, allow, give or offer
 42-6    to pay, allow or give, directly or indirectly, any rebate of
 42-7    premiums payable, any commission, or any paid employment or
 42-8    contract for service of any kind or anything of value whatsoever,
 42-9    or any valuable consideration or inducement whatever, not specified
42-10    in the policy or contract of insurance for or on account of the
42-11    solicitation or negotiation of contracts of insurance on property
42-12    or risks in this State to any person, firm or corporation, other
42-13    than a duly licensed solicitor appointed by such local recording
42-14    agent, or to another local recording agent.]
42-15          [It shall be unlawful for any solicitor to pay, allow or give
42-16    or offer to pay, allow or give, directly or indirectly, any rebate
42-17    of premiums payable, any commission, or any paid employment or
42-18    contract for service of any kind, or anything of value whatsoever,
42-19    or any valuable consideration or inducement whatever, not specified
42-20    in the policy or contract of insurance, for or on account of the
42-21    solicitation or negotiation of contracts of insurance on property
42-22    or risks in this State to any person, firm or corporation.]
42-23          [Sec. 23.  REPEAL; LAWS NOT IN CONFLICT NOT AFFECTED; ACT
42-24    CUMULATIVE.  All laws or parts of laws pertaining to any phase of
42-25    the insurance business, which are in conflict with this article,
42-26    shall be and the same are hereby repealed; but all laws, Civil and
42-27    Criminal, affecting insurance agents, and/or insurance companies or
42-28    insurance carriers or the insurance business, which are not in
42-29    conflict herewith, shall not be affected by the provisions of this
42-30    article; but this article shall be deemed cumulative of such laws.]
42-31          [Sec. 24.  VIOLATION OF ACT.  Any person or any member of any
42-32    firm, or any corporation or bank, or any officer, director,
42-33    shareholder or employee of any corporation or bank who violates any
42-34    of the provisions of Sections 4, 15 and 22 of this Article shall be
42-35    guilty of a misdemeanor, and on conviction in a court of competent
42-36    jurisdiction, shall be punished by a fine of not less than One
42-37    Dollar ($1.00) nor more than One Hundred Dollars ($100.00).]
42-38          [Sec. 25.  ENFORCEMENT OF ARTICLE.  The Attorney General, or
42-39    any District or County Attorney, or the Board of Insurance
42-40    Commissioners, may institute any injunction proceeding or such
42-41    other proceeding to enforce the provisions of this article, and to
42-42    enjoin any person, firm or corporation from engaging or attempting
42-43    to engage in any of the business in violation of this article or
42-44    any of the provisions thereof.  The provisions of this section are
42-45    cumulative of the other penalties or remedies provided for in this
42-46    article.]
42-47          [Sec. 26.  ADMINISTRATION OF ARTICLE.  The administration of
42-48    the provision of this article shall be vested in the Board of
42-49    Insurance Commissioners, and of the administrative officer of the
42-50    various counties in which the violation of any provision of this
42-51    article may occur; and the personnel charged with the direct
42-52    supervision of the article, except the regularly elected law
42-53    enforcement officers and their appointees, shall be responsible to
42-54    and serve at the will of the Board of Insurance Commissioners.  It
42-55    shall be the duty of the Board of Insurance Commissioners and the
42-56    Attorney General, and of the District and County Attorneys in
42-57    counties where violations of this article may occur, to see that
42-58    its provisions are at all times obeyed, and to make such
42-59    investigations as will prevent or detect the violation of any
42-60    provision thereof.  The Board of Insurance Commissioners shall at
42-61    once lay before the District or County Attorney of the proper
42-62    county, any evidence which shall come to its knowledge, of
42-63    criminality or threatened criminality under this article.  In the
42-64    event of the neglect or refusal of such Attorney to institute and
42-65    prosecute such violation, or to enforce the other remedies provided
42-66    by this article, the Board shall submit such evidence to the
42-67    Attorney General, who is hereby authorized to proceed therein with
42-68    all the rights, privileges and powers conferred by law upon
42-69    District or County Attorneys.  Provided, any person having
 43-1    knowledge of the violation of the provisions of this article may
 43-2    file a complaint for such violation with the proper officers as in
 43-3    other misdemeanor cases.  The Board of Insurance Commissioners is
 43-4    given the power and authority, as a requisite for granting or
 43-5    renewing a license to insurance companies or insurance carriers,
 43-6    their local recording agents or solicitors, to require answers
 43-7    under oath to any questions propounded by the said Board or under
 43-8    its authority, and touching any phase of insurance business in the
 43-9    State of Texas in which said insurance company or insurance
43-10    carrier, or such person or firm, shall be engaged, and to require
43-11    such person or firm seeking appointment as local recording agent to
43-12    submit his books, records, and accounts, insofar as they may be
43-13    material to any phase of insurance business, to examination and
43-14    inspection by the Board or any person acting under its authority.]
43-15          [Sec. 27.  RULES.  In addition to other rules required or
43-16    authorized by this article, the commissioner may adopt rules in
43-17    accordance with federal law applicable to the regulation of the
43-18    sale of insurance that are necessary and proper to carry out the
43-19    provisions of this article.]
43-20                   ARTICLE 4.  NONRESIDENT AGENT LICENSE
43-21          SECTION 4.01.  Section 1, Article 21.11, Insurance Code, is
43-22    amended to read as follows:
43-23          Sec. 1.  NONRESIDENT AGENT LICENSE.  (a)  The
43-24    [Notwithstanding Sections 3(a) and (b), Article 21.14, of this
43-25    code, the] department shall license a person who is not a resident
43-26    of this state to act as a nonresident agent if:
43-27                (1)  the applicant for the nonresident license has
43-28    submitted to the department:
43-29                      (A)  an application on a form as prescribed by
43-30    the department; and
43-31                      (B)  the nonrefundable license application fee;
43-32    and
43-33                (2)  the department finds that the applicant for the
43-34    nonresident license:
43-35                      (A)  holds a license in good standing as an agent
43-36    in the applicant's state of residence and that state will grant a
43-37    nonresident agent's license on a reciprocal basis to a resident
43-38    agent of this state;
43-39                      (B)  has:
43-40                            (i)  passed the examination for an agent's
43-41    license required under this code;
43-42                            (ii)  met the eligibility requirements
43-43    under Subsection (e) of this section; and
43-44                            (iii)  satisfied the requirements for a
43-45    license for an individual under this code, including Section 2,
43-46    Article 21.07; or
43-47                      (C)  has satisfied the requirements for a license
43-48    for a corporation or partnership under Section 2, Article 21.07, of
43-49    this code.
43-50          (b)  The commissioner may enter into an agreement with the
43-51    appropriate official of another state as necessary to implement the
43-52    reciprocal licensing of nonresident agents [in accordance with
43-53    Article 21.14 of this code, subject to the limitations of this
43-54    article].
43-55          (c)  The [(b)  An applicant for issuance of a license under
43-56    this section must meet the requirements for issuance of a license
43-57    under Article 21.14 of this code, except that the] department may
43-58    [shall] waive any [of those] license requirements for an applicant
43-59    with a valid license from another state or jurisdiction if:
43-60                (1)  that state or jurisdiction has license
43-61    requirements substantially equivalent to those of this state; or
43-62                (2)  the waiver is necessary to promote reciprocal
43-63    licensing of nonresident agents among a majority of the states.
43-64          (d)  The commissioner is the agent for service of process in
43-65    the manner provided by Section 3, Article 1.36, of this code in a
43-66    legal proceeding against a nonresident agent licensed to transact
43-67    business in this state if:
43-68                (1)  the nonresident agent fails to appoint or maintain
43-69    an agent for service in this state;
 44-1                (2)  an agent for service is appointed but cannot with
 44-2    reasonable diligence be found; or
 44-3                (3)  the license of the nonresident agent is revoked.
 44-4          (e)  An applicant for a nonresident agent's license from this
 44-5    state who does not hold an insurance agent's license in the
 44-6    applicant's state of residence shall, through the law enforcement
 44-7    agency of the state of residence, submit a copy of the applicant's
 44-8    criminal history records to the department.  The department shall
 44-9    use the criminal history records to determine eligibility for
44-10    issuance of a license in accordance with this subchapter and other
44-11    laws of this state.
44-12          SECTION 4.02.  Subsections (a) and (b), Section 2, Article
44-13    21.11, Insurance Code, are amended to read as follows:
44-14          (a)  Except as otherwise specifically provided by this code
44-15    [section], a license issued under this article to an individual who
44-16    is not a resident of this state grants the same rights and
44-17    privileges afforded to a resident license holder [under a license
44-18    issued under Article 21.14 of this code].
44-19          (b)  A person who holds a license issued under this article
44-20    and who is in compliance with the continuing education requirements
44-21    of the person's state of residence is exempt from the continuing
44-22    education requirements imposed under Article 21.01-1 of this code
44-23    [may not:]
44-24                [(1)  maintain an office in this state;]
44-25                [(2)  solicit insurance business in this state by any
44-26    method, including an oral, written, or electronic communication; or]
44-27                [(3)  employ solicitors or others to directly or
44-28    indirectly solicit insurance in this state].
44-29          SECTION 4.03.  Subsection (c), Section 2, Article 21.11,
44-30    Insurance Code, is amended to read as follows:
44-31          (c)  A person licensed as a nonresident agent in this state
44-32    who does not hold an insurance agent's license in the person's
44-33    state of residence shall comply with the continuing education
44-34    requirements imposed under Article 21.01-1 of this code [The
44-35    commissioner shall impose on a resident of another state or
44-36    jurisdiction of the United States who is an applicant for a license
44-37    or a holder of a license issued under this article any requirement
44-38    or restriction that:]
44-39                [(1)  the other state or jurisdiction of the United
44-40    States imposes on a resident of this state who is a nonresident
44-41    applicant or license holder in that state or jurisdiction; and]
44-42                [(2)  is in addition to or stricter than the
44-43    requirements or restrictions imposed under the insurance law of
44-44    this state on an applicant or license holder who is not a resident
44-45    of this state].
44-46          SECTION 4.04.  Section 3, Article 21.11, Insurance Code, is
44-47    amended to read as follows:
44-48          Sec. 3.  LIMITATIONS.  (a)  The department may issue a
44-49    reciprocal nonresident license to an applicant if the authority
44-50    granted by the license issued by the applicant's state of residence
44-51    is generally comparable to the authority granted by a license
44-52    issued by this state.  [This article does not permit:]
44-53                [(1)  any person or firm licensed solely as a broker in
44-54    the person's or firm's state of residence to be granted a license
44-55    under this article;]
44-56                [(2)  a holder of a license issued under this article
44-57    to act as a surplus lines agent under Article 1.14-2 of this code
44-58    or to perform any of the acts permitted under Article 1.14-2 of
44-59    this code, except as provided under Section 10, Article 21.54, of
44-60    this code; or]
44-61                [(3)  any person or firm who holds a license issued
44-62    under this article to engage in any form of direct solicitation of
44-63    insurance within this state.]
44-64          (b)  A nonresident agent licensed under the reciprocal
44-65    licensing provisions of this code may not engage in a line of
44-66    insurance business in this state for which the agent is not
44-67    authorized in the agent's state of residence.
44-68          (c)  This subchapter [The commissioner shall revoke a
44-69    nonresident agent's license issued under this article if the
 45-1    commissioner finds that the license was obtained or is being used
 45-2    for the purpose of transacting insurance through a local recording
 45-3    agent in a manner that permits the individual licensed under this
 45-4    article, by subterfuge, to transact insurance as a local recording
 45-5    agent.]
 45-6          [(c)  In the circumstances described by Subsection (b) of
 45-7    this section, the commissioner shall also revoke the license of the
 45-8    affected local recording agent.]
 45-9          [(d)  A license revoked under Subsection (b) or (c) of this
45-10    section is not subject to reissuance before the fifth anniversary
45-11    of the date the revocation is effective.]
45-12          [(e)  The commissioner shall order that any insurance
45-13    transacted under an arrangement described by Subsection (b) of this
45-14    section be cancelled.]
45-15          [(f)  Article 21.01-2 of this code] applies to licensing of a
45-16    nonresident agent under this article.
45-17          SECTION 4.05.  Sections 4 and 5, Article 21.11, Insurance
45-18    Code, are amended to read as follows:
45-19          Sec. 4.  HOME OFFICE EMPLOYEE.  This article does not affect
45-20    the authority established under Section 7 [20], Article 21.14, of
45-21    this code of an actual full-time home office salaried employee of
45-22    an insurance carrier licensed to do business in this state.
45-23          Sec. 5.  RULES.  The commissioner may adopt rules as
45-24    necessary to implement this article and to meet the minimum
45-25    requirements of federal law and regulations.
45-26                       ARTICLE 5.  ADJUSTER LICENSE
45-27          SECTION 5.01.  Subsections (a) and (b), Section 1, Chapter
45-28    407, Acts of the 63rd Legislature, Regular Session, 1973 (Article
45-29    21.07-4, Vernon's Texas Insurance Code), are amended to read as
45-30    follows:
45-31          (a)  "Adjuster" means an individual [any person] who, as an
45-32    independent contractor, or as an employee of an independent
45-33    contractor, adjustment bureau, association, insurance company or
45-34    corporation, general property and casualty [local recording] agent,
45-35    managing general agent, or self-insured, investigates or adjusts
45-36    losses on behalf of either an insurer or a self-insured, or any
45-37    person who supervises the handling of claims.
45-38          (b)  "Adjuster" shall not include:
45-39                (1)  an attorney at law who adjusts insurance losses
45-40    from time to time and incidental to the practice of law, and who
45-41    does not advertise or represent that he is an adjuster;
45-42                (2)  a salaried employee of an insurer who is not
45-43    regularly engaged in the adjustment, investigation, or supervision
45-44    of insurance claims;
45-45                (3)  persons employed only for the purpose of
45-46    furnishing technical assistance to a licensed adjuster, including,
45-47    but not limited to, photographers, estimators, private detectives,
45-48    engineers, handwriting experts, and attorneys at law;
45-49                (4)  a licensed agent or general agent of an authorized
45-50    insurer who processes undisputed and/or uncontested losses for such
45-51    insurer under policies issued by said agent or general agent;
45-52                (5)  a person who performs clerical duties with no
45-53    negotiations with the parties on disputed and/or contested claims;
45-54                (6)  any person who handles claims arising under life,
45-55    accident and health insurance policies; [or]
45-56                (7)  a person who is employed principally as a
45-57    right-of-way agent or right-of-way and claims agent and whose
45-58    primary responsibility is the acquisition of easements, leases,
45-59    permits, or other real property rights and whose claims handling
45-60    arises out of operations under those easements, leases, permits, or
45-61    other contracts or contractual obligations; or
45-62                (8)  an individual who is employed to investigate
45-63    suspected fraudulent insurance claims but who does not adjust
45-64    losses or determine claims payments.
45-65                         ARTICLE 6.  SURPLUS LINES
45-66          SECTION 6.01.  Subdivision (1), Subsection (a), Section 2,
45-67    Article 1.14-2, Insurance Code, is amended to read as follows:
45-68                (1)  "Surplus lines agent" means:
45-69                      (A)  a general property and casualty [(i) is an]
 46-1    agent authorized under Article 21.14 who is granted a surplus lines
 46-2    license in accordance with this Article; or
 46-3                      (B)  [, (ii) is] a managing general agent
 46-4    [(authorized to be licensed and] licensed under the Managing
 46-5    General Agents' Licensing Act ([, Acts, 1967, 60th Legislature,
 46-6    Chapter 727, codified by Vernon as] Article 21.07-3, Vernon's Texas
 46-7    Insurance Code) who is granted a surplus lines license in
 46-8    accordance with this Article and who complies with the provisions
 46-9    of this Article, except it is not necessary that the managing
46-10    general agent be licensed as a general property and casualty
46-11    [recording] agent[, or (iii) is a nonresident insurance agent
46-12    authorized under Article 21.11 and who is granted a surplus lines
46-13    license for the limited purpose of acting on behalf of a purchasing
46-14    group operating in this state in the placement of liability
46-15    insurance for risks located in this state].
46-16          SECTION 6.02.  Subdivision (2), Subsection (a), Section 2,
46-17    Article 1.14-2, Insurance Code, is amended to read as follows:
46-18                (2)  A [Each "]surplus lines agent,["] as a condition
46-19    of being licensed as a surplus lines agent and as a condition of
46-20    continuing to be licensed as a surplus lines agent, shall offer the
46-21    proof of financial responsibility [solvency and demonstrate
46-22    capacity in respect of responsibility to insureds under policies of
46-23    surplus lines insurance, or in the alternative show proof of
46-24    adequate bond and surety] in respect of [his] transactions with
46-25    insureds under policies of surplus lines insurance [and] as
46-26    required by [the] reasonable rules [and regulations] of the
46-27    commissioner [State Board of Insurance shall provide].
46-28          SECTION 6.03.  Subdivision (3), Subsection (a), Section 2,
46-29    Article 1.14-2, Insurance Code, is amended to read as follows:
46-30                (3)  Any surplus lines license granted to an agency
46-31    authorized under the Managing General Agents' Licensing Act
46-32    (Article 21.07-3, Vernon's Texas Insurance Code), but[, Acts, 1967,
46-33    60th Legislature, Chapter 727, that is] not [also] licensed under
46-34    Article 21.14 of this code, [the Insurance Code] shall be limited
46-35    to the acceptance of business originating through a regularly
46-36    licensed general property and casualty [recording] agent and does
46-37    [shall] not authorize the [such] surplus lines agency to transact
46-38    business directly with the applicant for insurance.
46-39          SECTION 6.04.  Subsection (a), Section 3, Article 1.14-2,
46-40    Insurance Code, is amended to read as follows:
46-41          (a)  If insurance coverages of subjects resident, located or
46-42    to be performed in this state cannot be procured from licensed
46-43    insurers after diligent effort, such coverages, hereinafter
46-44    designated as surplus line insurance, may be procured from eligible
46-45    surplus lines insurers subject to the following conditions:
46-46                1.  The insurance must be eligible for surplus lines
46-47    under Section 5.
46-48                2.  The insurer must be an eligible surplus lines
46-49    insurer under Section 8.
46-50                3.  The insurance must be placed through a licensed
46-51    Texas surplus lines agent [resident in this state].
46-52                4.  The other applicable provisions of this section
46-53    must be complied with.
46-54          SECTION 6.05.  Section 3A, Article 1.14-2, Insurance Code, is
46-55    amended to read as follows:
46-56          Sec. 3A.  AUTHORITY OF COMMISSIONER [STATE BOARD OF
46-57    INSURANCE].  (a)  The commissioner [State Board of Insurance] may
46-58    adopt [promulgate] rules necessary to:
46-59                (1)  implement [enforce] this article; or
46-60                (2)  satisfy requirements under federal law or
46-61    regulations.
46-62          (b)  The commissioner [board] shall monitor the activities of
46-63    surplus lines agents to the extent necessary to protect the public
46-64    interest.
46-65          SECTION 6.06.  Subsection (b), Section 4, Article 1.14-2,
46-66    Insurance Code, is amended to read as follows:
46-67          (b)  The department [Texas Department of Insurance] may issue
46-68    a surplus lines license to an applicant if the applicant submits a
46-69    properly completed license application and an application fee as
 47-1    determined by the department and the department determines that the
 47-2    applicant [an agent as defined by Subdivision (1) of Subsection (a)
 47-3    of Section 2 of this article after the agent has]:
 47-4                (1)  is an individual who:
 47-5                      (A)  is currently licensed as a general property
 47-6    and casualty agent under Article 21.14 of this code or as a
 47-7    managing general agent under the Managing General Agents' Licensing
 47-8    Act (Article 21.07-3, Vernon's Texas Insurance Code);
 47-9                      (B)  has passed the surplus lines license
47-10    examination administered under Article 21.01-1 of this code and
47-11    department rules; and
47-12                      (C)  provides proof of financial responsibility
47-13    as required under Section 2 of this article [remitted the
47-14    application fee set by the Texas Department of Insurance in an
47-15    amount not to exceed $50]; or
47-16                (2)  is a corporation, limited liability company, or
47-17    partnership that:
47-18                      (A)  has at least one officer or director or at
47-19    least one active partner who has passed the surplus lines license
47-20    examination required under this article;
47-21                      (B)  is currently licensed as a general property
47-22    and casualty agent under Article 21.14 of this code or as a
47-23    managing general agent under the Managing General Agents' Licensing
47-24    Act (Article 21.07-3, Vernon's Texas Insurance Code);
47-25                      (C)  provides proof of financial responsibility
47-26    as required under Section 2 of this article; and
47-27                      (D)  conducts insurance activities under this
47-28    article only through an individual licensed under this subsection
47-29    [submitted a completed license application on a form approved by
47-30    the Texas Department of Insurance; and]
47-31                [(3)  passed a qualifying examination approved by the
47-32    Texas Department of Insurance.  If the agent is a general
47-33    partnership or a registered limited liability partnership, this
47-34    examination must be met by each natural person acting as a partner
47-35    in that partnership.  If the agent is a corporation, this
47-36    examination requirement must be met by each natural person acting
47-37    as an officer, director, or shareholder of that corporation.  If
47-38    the agent is a limited liability company, this examination
47-39    requirement must be met by each natural person acting as an
47-40    officer, manager, and member of that limited liability company].
47-41          SECTION 6.07.  Subsection (c), Section 4, Article 1.14-2,
47-42    Insurance Code, is amended to read as follows:
47-43          (c)  In addition to the requirements of this article, the
47-44    administration and regulation of a surplus lines agent's license is
47-45    governed by Subchapter A, Chapter 21, of this code, except that
47-46    Article 21.07 of this code does not apply to a license issued under
47-47    this article.  [Unless the State Board of Insurance adopts a system
47-48    for staggered renewal of licenses, as provided by Article 21.01-2
47-49    of this code, each license issued under this section is for a
47-50    two-year term that expires on December 31; however, the term of the
47-51    initial licensing period shall expire on December 31 of the year
47-52    following the year in which the license is issued.  A license may
47-53    be renewed for periods of two years.]
47-54          SECTION 6.08.  Subsection (d), Section 4, Article 1.14-2,
47-55    Insurance Code, is amended to read as follows:
47-56          (d)  If a license holder does not maintain the qualifications
47-57    necessary to obtain the license, the department may revoke or
47-58    suspend the license or deny the renewal of that license in
47-59    accordance with Article 21.01-2 of this code.  [By filing a
47-60    completed written application in the form prescribed by the State
47-61    Board of Insurance and paying the nonrefundable renewal fee set by
47-62    the board in an amount not to exceed $50, an unexpired license may
47-63    be renewed on or before the expiration date of the license.]
47-64          SECTION 6.09.  Subsection (a), Section 15, Article 1.14-2,
47-65    Insurance Code, is amended to read as follows:
47-66          (a)  Each surplus lines agent shall maintain [keep in his
47-67    office in this state] a full and true record of each surplus lines
47-68    contract procured by the agent [him], including a copy of the daily
47-69    report, if any, and showing such of the following items as may be
 48-1    applicable:
 48-2                1.  Amount of the insurance and perils insured against;
 48-3                2.  Brief general description of property insured and
 48-4    where located;
 48-5                3.  Gross premium charged;
 48-6                4.  Return premium paid, if any;
 48-7                5.  Rate of premium charged upon the several items of
 48-8    property;
 48-9                6.  Effective date of the contract, and the terms
48-10    thereof;
48-11                7.  Name and post office address of the insured;
48-12                8.  Name and home office address of the insurer;
48-13                9.  Amount collected from the insured; and
48-14                10.  Other information as may be required by the
48-15    department [State Board of Insurance].
48-16                     ARTICLE 7.  CONFORMING AMENDMENTS
48-17          SECTION 7.01.  Section 1, Article 3.71, Insurance Code, is
48-18    amended to read as follows:
48-19          Sec. 1.  Notwithstanding any contrary or inconsistent
48-20    provision of any law, two or more insurance companies authorized to
48-21    separately do such an insurance business in this state, including
48-22    stock companies, reciprocals, or inter-insurance exchanges, Lloyds'
48-23    associations, fraternal benefit societies and mutual companies of
48-24    all kinds, including state-wide mutual assessment corporations and
48-25    local mutual aid associations, and stipulated premium companies,
48-26    may join together to offer, sell and administer hospital, surgical
48-27    and medical expense insurance plans under a group policy covering
48-28    residents of this state who are sixty-five (65) years of age and
48-29    older and their spouses on which policy each insurance carrier
48-30    shall be severally liable, and such companies may agree with
48-31    respect to premium rates, policy provisions, sales, administrative,
48-32    technical and accounting procedures and other matters within the
48-33    scope of this Article.  Such companies may issue such insurance
48-34    policies in their own names or in the name of an unincorporated
48-35    association, trust, or other organization formed for the sole
48-36    purposes of this Article and evidenced by a contract in writing
48-37    executed by the participating insurance companies, and any
48-38    unincorporated associations, trusts, or other organizations
48-39    heretofore formed for the sole purpose of this Article and
48-40    evidenced by a contract in writing executed by the participating
48-41    insurance companies is hereby ratified, confirmed and approved and
48-42    validated from the date of its formation.  Any such policy may be
48-43    executed on behalf of the insurance companies by a duly authorized
48-44    person and need not be countersigned on behalf of any such company
48-45    by a resident agent.  Any person who is licensed as a general life,
48-46    accident, and health [insurance] agent or as a general property and
48-47    casualty [local recording] agent [or as a solicitor] under Article
48-48    [the provisions of Articles 21.07,] 21.07-1[,] or [Article] 21.14
48-49    of this code [the Insurance Code of the State of Texas,] may act as
48-50    such agent in connection with policies of insurance or certificates
48-51    of insurance issued by any unincorporated association, trust or
48-52    other organization formed for the sole purposes of this Article
48-53    without the necessity of notifying the department [State Board of
48-54    Insurance] that such person is appointed to so act.
48-55          SECTION 7.02.  Section 7, Article 3.75, Insurance Code, is
48-56    amended to read as follows:
48-57          Sec. 7.  VARIABLE CONTRACT AGENTS LICENSE.
48-58    (a)  Notwithstanding any other law of this state, no person shall
48-59    sell or offer for sale within this state a variable contract or do
48-60    or perform any act or thing in the sale, negotiation, making, or
48-61    consummating of any variable contract other than for himself,
48-62    unless such person shall have a valid and current license issued
48-63    under Article 21.07-1 of this code [certificate from the State
48-64    Board of Insurance] authorizing such person to act within this
48-65    state as a general life, accident, and health [variable] agent.
48-66    [No such certificate shall be issued unless and until said board is
48-67    satisfied, after examination, that such person is by training,
48-68    knowledge, ability, and character qualified to act as such agent.
48-69    Any such certificate may be withdrawn and cancelled by said board,
 49-1    after notice and hearing, if it shall find that the holder thereof
 49-2    does not then have the qualifications required for issue of such
 49-3    certificate.]
 49-4          (b)  The licensing and regulation of a person acting as a
 49-5    variable agent is subject to the same provisions applicable to the
 49-6    licensing and regulation of other agents under Subchapter A,
 49-7    Chapter 21, of this code.  [The Commissioner of Insurance shall
 49-8    collect in advance from variable agent applicants a nonrefundable
 49-9    license fee in an amount not to exceed $50.  Unless the State Board
49-10    of Insurance accepts a qualifying examination administered by a
49-11    testing service, as provided under Article 21.01-1, Insurance Code,
49-12    as amended, the Commissioner of Insurance shall collect in advance
49-13    from variable agent applicants an examination fee in an amount not
49-14    to exceed $20.  The State Board of Insurance shall determine the
49-15    amount of the fees.  A new examination fee shall be paid for each
49-16    and every examination.  The examination fee shall not be returned
49-17    under any circumstance other than for failure to appear and take
49-18    the examination after the applicant has given at least 24 hours
49-19    notice of an emergency situation to the Commissioner of Insurance
49-20    and received the Commissioner's approval.  All fees collected
49-21    pursuant to this section shall be deposited in the State Treasury
49-22    to the credit of the State Board of Insurance operating fund to be
49-23    used to administer the provisions of this section and Article
49-24    21.07-1, Insurance Code, as amended.]
49-25          [(c)  Each license issued to a variable contract agent shall
49-26    expire two years following the date of issue, unless prior thereto
49-27    it is suspended or revoked by the Commissioner of Insurance.]
49-28          [(d)  The Commissioner of Insurance shall suspend the license
49-29    of a variable agent during any period in which the agent does not
49-30    have an outstanding valid appointment.  The Commissioner of
49-31    Insurance shall lift the suspension on receipt by the State Board
49-32    of Insurance of acceptable notice of a valid appointment.]
49-33          [(e)  A license applicant or licensee whose license
49-34    application or license has been denied, refused, or revoked under
49-35    this section may not apply for any license as an insurance agent
49-36    before the first anniversary of the effective date of the denial,
49-37    refusal, or revocation, or, if the applicant or licensee seeks
49-38    judicial review of the denial, refusal, or revocation, before the
49-39    first anniversary of the date of the final court order or decree
49-40    affirming that action.  The Commissioner of Insurance may deny an
49-41    application timely filed if the applicant does not show good cause
49-42    why the denial, refusal, or revocation of the previous license
49-43    application or license should not be considered a bar to the
49-44    issuance of a new license.]
49-45          [(f)  Licenses which have not expired or which have not been
49-46    suspended or revoked may be renewed by filing with the State Board
49-47    of Insurance a completed renewal application and paying the
49-48    nonrefundable renewal fee set by the board in an amount not to
49-49    exceed $50 on or before the expiration date of the license in
49-50    accordance with Article 21.01-2 of this code.]
49-51          [(g)  Any agent licensed under this article may represent and
49-52    act as an agent for more than one insurance carrier any time while
49-53    the license is in force, if the agent so desires.  Any such agent
49-54    and the insurance carrier involved must give notice to the State
49-55    Board of Insurance of any additional appointment or appointments
49-56    authorizing the agent to act as agent for an additional insurance
49-57    carrier or carriers.  Such notice shall be accompanied by a
49-58    certificate from each insurance carrier to be named in each
49-59    additional appointment that said insurance carrier desires to
49-60    appoint the applicant as its agent.  This notice shall also contain
49-61    such other information as the State Board of Insurance may require.
49-62    The agent or company shall be required to pay a nonrefundable fee
49-63    in an amount not to exceed $16 as determined by the State Board of
49-64    Insurance for each additional appointment applied for, which fee
49-65    shall accompany the notice.  If approval of the additional
49-66    appointment is not received from the board before the eighth day
49-67    after the date on which the completed application and fee were
49-68    received by the board, the agent and the insurance carrier, in the
49-69    absence of notice of disapproval, may assume that the board
 50-1    approves the application, and the agent may act for the insurance
 50-2    carrier.  All fees collected pursuant to this section shall be
 50-3    deposited in the State Treasury to the credit of the State Board of
 50-4    Insurance operating fund to be used to administer the provisions of
 50-5    this article and Article 21.07-1, Insurance Code, as amended.]
 50-6          [(h)  Duplicate License; Fee.  The Commissioner of Insurance
 50-7    shall collect in advance from agents requesting duplicate licenses
 50-8    a fee not to exceed $20.  The State Board of Insurance shall
 50-9    determine the amount of the fee.]
50-10          SECTION 7.03.  Subsection (c), Article 5.13-1, Insurance
50-11    Code, is amended to read as follows:
50-12          (c)  The right of such insurers to issue prepaid legal
50-13    services contracts on individual, group, or franchise bases is
50-14    hereby recognized, and qualified agents of such insurers who are
50-15    licensed under Article 21.07-1 or [Articles 21.07 and] 21.14 of
50-16    this code [the Insurance Code, as amended, and Chapter 213, Acts of
50-17    the 54th Legislature, 1955, as amended (Article 21.07-1, Vernon's
50-18    Texas Insurance Code),] shall be authorized to write such coverages
50-19    under such rules [and regulations] as the commissioner [State Board
50-20    of Insurance] may prescribe.
50-21          SECTION 7.04.  Article 10.37-3, Insurance Code, is amended to
50-22    read as follows:
50-23          Art. 10.37-3.  LICENSING OF AGENTS.  (a)  Except as provided
50-24    by Subsection (b) of this article, a [A] person may not solicit or
50-25    procure insurance contracts for a society unless the person is
50-26    licensed as a general life, accident, and health agent under
50-27    Article 21.07-1 of this code [an agent under Chapter 213, Acts of
50-28    the 54th Legislature, Regular Session, 1955 (Article 21.07-1,
50-29    Vernon's Texas Insurance Code)].
50-30          (b)  An agent, representative, or member of a fraternal
50-31    benefit society who devotes less than 50 percent of the person's
50-32    time to the solicitation and procurement of insurance contracts for
50-33    that society is exempt from the requirements of Subsection (a) of
50-34    this article.
50-35          (c)  For the purposes of Subsection (b) of this article, a
50-36    person is presumed for a calendar year to have devoted at least 50
50-37    percent of the person's time to the solicitation or procurement of
50-38    insurance contracts if, in the preceding calendar year, the person
50-39    solicited or procured on behalf of a society:
50-40                (1)  life insurance contracts that have generated, in
50-41    the aggregate, more than $20,000 of direct premiums for all lives
50-42    insured, provided that an interest-sensitive life insurance
50-43    contract has not been solicited or procured by a person that
50-44    exceeds $35,000 of coverage on an individual life unless that
50-45    person holds the designation of "Fraternal Insurance [Benefit]
50-46    Counselor";
50-47                (2)  insurance contracts, other than life insurance
50-48    contracts, that have insured the individual lives of more than 25
50-49    persons; or
50-50                (3)  variable life insurance or variable annuity
50-51    contracts.
50-52          (d)  The licensing and regulation of agents for fraternal
50-53    benefit societies is subject to Subchapter A, Chapter 21, of this
50-54    code and other laws regulating those agents.
50-55          SECTION 7.05.  Article 16.24A, Insurance Code, is amended to
50-56    read as follows:
50-57          Art. 16.24A.  LICENSING OF AGENTS [FOR CROP INSURANCE].
50-58    (a)  No person or firm shall solicit, write, sign, execute or
50-59    deliver insurance policies, bind insurance risks, collect premiums,
50-60    or otherwise act in the capacity of an insurance agent [a local
50-61    recording agent] in the solicitation or sale of [crop] insurance
50-62    for a farm mutual insurance company unless the person or firm holds
50-63    a license issued [is licensed] under Subchapter A, Chapter 21,
50-64    [Article 21.14] of this code.
50-65          (b)  A farm mutual insurance company may not appoint and act
50-66    through an agent [who qualifies for a license as an agricultural
50-67    insurance agent] under Article 21.14-2 of this code.
50-68          SECTION 7.06.  Section 9, Article 17.25, Insurance Code, is
50-69    amended to read as follows:
 51-1          Sec. 9.  AGENTS' LICENSE.  Agents [or solicitors] for such
 51-2    companies shall be licensed and appointed as provided by Subchapter
 51-3    A, Chapter 21, [in Article 21.07 or 21.14] of this Code.
 51-4          SECTION 7.07.  Sections 4, 19, and 21, Managing General
 51-5    Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
 51-6    Code), are amended to read as follows:
 51-7          Sec. 4.  REDEMPTION OF SHARES [APPLICATION FOR LICENSE; TO
 51-8    WHOM LICENSE MAY BE ISSUED].  [(a)  Each applicant for license
 51-9    shall be a resident of Texas and file a written sworn application
51-10    on forms furnished by the Commissioner.  The applicant shall
51-11    include in the application the names and addresses of the
51-12    applicant's officers, directors, shareholders, or partners, if
51-13    applicable, and affiliates.]
51-14          [(b)  The Commissioner shall issue a license to an individual
51-15    applicant upon successful completion of the examination and
51-16    compliance with the other requirements of this Act.]
51-17          [(c)  The Commissioner shall issue a license to a general
51-18    partnership, or to a limited liability partnership registered with
51-19    the Secretary of State under Section 3.08, Texas Revised
51-20    Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
51-21    Statutes), engaging in the business of insurance if each of the
51-22    partners is licensed as an agent under this Act.  The term
51-23    "partnership" or "agency partnership" as used in this Act means a
51-24    general partnership or a registered limited liability partnership.]
51-25          [(d)  The Commissioner shall issue a license to a corporation
51-26    on finding:]
51-27                [(1)  that the corporation is a Texas corporation
51-28    having its principal place of business in the State of Texas and
51-29    having as one of its purposes the authority to act as a managing
51-30    general agent; and]
51-31                [(2)  that every officer, director, and shareholder of
51-32    the corporation is individually licensed as a managing general
51-33    agent under the provisions of this Insurance Code; provided,
51-34    however, that in the event ownership of the shares of such
51-35    corporation is acquired through devise or descent by an unlicensed
51-36    shareholder, the corporation shall still be entitled to a license
51-37    if such unlicensed shareholder qualifies as a licensed managing
51-38    general agent or disposes of the shares to a licensed managing
51-39    general agent within 90 days after the date of such stock
51-40    acquisition.  If an unlicensed person acquires shares in such a
51-41    corporation and does not qualify to be licensed as a managing
51-42    general agent and the person does not dispose of the shares within
51-43    the 90-day period to a licensed managing general agent, the shares
51-44    must be purchased by the corporation for the value of the shares of
51-45    stock as reflected by the regular books and records of the
51-46    corporation on the date of the acquisition of the shares by the
51-47    unlicensed person.  If the corporation fails or refuses to purchase
51-48    the shares, the corporation's license shall be cancelled.]
51-49          [(e)]  A corporation may redeem the shares of any shareholder
51-50    or the shares of a deceased shareholder, on terms agreed on by the
51-51    board of directors and the shareholder or the shareholder's
51-52    personal representative or at a price and on terms provided in the
51-53    articles of incorporation, the bylaws, or an existing contract
51-54    entered into between the shareholders of the corporation.
51-55          [(f)  Nothing contained herein shall be construed to permit
51-56    any unlicensed shareholder or any employee or agent of any
51-57    corporation licensed as a managing general agent to perform any act
51-58    of a managing general agent without obtaining a managing general
51-59    agent's license.]
51-60          [(g)  If at any time, any person holding a managing general
51-61    agent's license does not maintain the qualifications necessary to
51-62    obtain a license, the license of such person to act as a managing
51-63    general agent shall be cancelled or denied in accordance with the
51-64    other provisions of this Act.]
51-65          [(h)  Nothing in this section shall prevent any shareholder
51-66    from selling or otherwise transferring stock in any corporation to
51-67    a company or managing general agent licensed to do business in
51-68    Texas, nor prevent any such company or managing general agent from
51-69    owning all or any portion of the stock of such corporation.]
 52-1          [(i)  Each corporation licensed as a managing general agent
 52-2    shall notify the Commissioner of any change in its officers,
 52-3    directors, or shareholders not later than the 30th day after the
 52-4    date on which the change takes effect.]
 52-5          [(j)  In this Act the term "corporation" shall mean a
 52-6    corporation organized under the Texas Business Corporation Act or a
 52-7    Texas domiciled limited liability company organized or existing
 52-8    under the Texas Limited Liability Company Act (Article 1528n,
 52-9    Vernon's Texas Civil Statutes) having its principal place of
52-10    business in this state and having as one of its purposes the
52-11    authority to act as a managing general insurance agent.  Each
52-12    officer, manager, and member of a limited liability company must be
52-13    licensed under this Act.  The licensing and regulation of a limited
52-14    liability company shall be subject to the same provisions and
52-15    requirements of this Act that are applicable to corporations
52-16    licensed under this Act.]
52-17          Sec. 19.  ADMINISTRATION AND REGULATION OF MANAGING GENERAL
52-18    AGENTS; VIOLATIONS OF ACT.  (a)  Subchapter A, Chapter 21,
52-19    Insurance Code, applies to the licensing and regulation of a person
52-20    acting as a managing general agent.
52-21          (b)  Any person, firm, or corporation who violates any of the
52-22    provisions of this Act or any rule[, regulation,] or order adopted
52-23    under this Act or Subchapter A, Chapter 21, Insurance Code, is
52-24    [shall be] subject to:
52-25                (1)  Sections 2A, 3A, 4A, 5A, and 6A, Article 21.01-2,
52-26    Insurance Code; and
52-27                (2)  Chapter 82 [sanctions under Section 7, Article
52-28    1.10], Insurance Code.
52-29          Sec. 21.  ADMINISTRATION OF ACT.  The administration of this
52-30    Act shall be vested in the commissioner, [State Board of Insurance]
52-31    who may establish, and from time to time amend, reasonable rules
52-32    [and regulations] for the administration of this Act.
52-33          SECTION 7.08.  Subsection (c), Section 3, Article 21.07-6,
52-34    Insurance Code, is amended to read as follows:
52-35          (c)  The certificate of authority issued under this article
52-36    shall continue in effect until suspended, canceled, or revoked [in
52-37    accordance with Section 7, Article 1.10, of this code].  The
52-38    issuance, denial, suspension, cancellation, or revocation of a
52-39    certificate of authority to act as an administrator is subject to:
52-40                (1)  Sections 2A, 3A, 4A, 5A, and 6A, Article 21.01-2,
52-41    of this code; and
52-42                (2)  Chapter 82 of this code.
52-43          SECTION 7.09.  Subdivision (2), Section 1, Article 21.21-9,
52-44    Insurance Code, as added by Chapter 596, Acts of the 75th
52-45    Legislature, Regular Session, 1997, is amended to read as follows:
52-46                (2)  "Bank" means a depository institution as defined
52-47    by Article 21.07 of this code [national banking association
52-48    organized and existing under the National Bank Acts (12 U.S.C.
52-49    Section 21 et seq.), a state bank organized and existing under the
52-50    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil
52-51    Statutes), a state savings bank organized and existing under the
52-52    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil
52-53    Statutes), a bank branch, or a bank operating subsidiary, as
52-54    defined by state or federal law, that is located and doing business
52-55    in this state in a place with a population of 5,000 or less].
52-56          SECTION 7.10.  Article 22.14, Insurance Code, is amended to
52-57    read as follows:
52-58          Art. 22.14.  LICENSING OF AGENTS.  All agents of stipulated
52-59    premium companies shall be licensed in accordance with the
52-60    provisions of Subchapter A [Art. 21.07] of Chapter 21 of this Code.
52-61          SECTION 7.11.  Chapter 23, Insurance Code, is amended by
52-62    adding Article 23.23A to read as follows:
52-63          Art. 23.23A.  REGULATION OF AGENTS.  The licensing and
52-64    regulation of an agent authorized to solicit prepaid legal services
52-65    contracts for corporations complying with this chapter is subject
52-66    to Subchapter A, Chapter 21, of this code.
52-67          SECTION 7.12.  Article 25.06, Insurance Code, is amended to
52-68    read as follows:
52-69          Art. 25.06.  AGENTS' LICENSES. Subchapter A, Chapter 21, of
 53-1    this code applies to the licensing and regulation of an agent
 53-2    authorized to solicit job protection insurance for an insurance
 53-3    carrier under this chapter [Any individual who solicits insurance,
 53-4    as defined in Article 21.02 of this code, on behalf of an insurance
 53-5    carrier operating exclusively under this chapter, must comply with
 53-6    the requirements of Article 21.07 of this code, except that no
 53-7    written examination is required for issuance of the license].
 53-8                           ARTICLE 8.  REPEALER
 53-9          SECTION 8.01.  The following laws are repealed:
53-10                (1)  Subsections (f), (g), and (h), Section 4, Article
53-11    1.14-2, Insurance Code;
53-12                (2)  Section 15, Article 17.25, Insurance Code;
53-13                (3)  Sections 1, 3, 4, and 6, Article 21.01-2,
53-14    Insurance Code;
53-15                (4)  Article 21.02-1, Insurance Code;
53-16                (5)  Article 21.05, Insurance Code;
53-17                (6)  Article 21.06, Insurance Code;
53-18                (7)  the following sections of Article 21.07, Insurance
53-19    Code:
53-20                      (A)  Sections 1B and 1C; and
53-21                      (B)  Sections 3, 3B, 4, 4A, 5, 6A, 7, 8, 9, 10,
53-22    10A, 11, 12, 13, 14, 15, 15A, 16, 17, 18, 19, and 20;
53-23                (8)  Article 21.07A, Insurance Code;
53-24                (9)  Chapter 213, Acts of the 54th Legislature, Regular
53-25    Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
53-26                (10)  the following sections of the Managing General
53-27    Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
53-28    Code):
53-29                      (A)  Sections 4A, 4B, and 4C;
53-30                      (B)  Subsection (h), Section 5;
53-31                      (C)  Sections 6 and 6A;
53-32                      (D)  Sections 8, 9, and 10;
53-33                      (E)  Sections 12, 13, 14, and 15;
53-34                      (F)  Section 17; and
53-35                      (G)  Section 20;
53-36                (11)  Subsection (d), Section 2, Article 21.11,
53-37    Insurance Code;
53-38                (12)  Section 14, Article 21.14-1, Insurance Code;
53-39                (13)  Article 21.15, Insurance Code;
53-40                (14)  Article 21.15-2, Insurance Code;
53-41                (15)  Article 21.15-3, Insurance Code;
53-42                (16)  Article 21.15-4, Insurance Code;
53-43                (17)  Article 21.15-7, Insurance Code;
53-44                (18)  Section 10, Article 21.58A, Insurance Code; and
53-45                (19)  Article 23.23, Insurance Code.
53-46                ARTICLE 9.  GRANDFATHER CLAUSE; TRANSITION
53-47          SECTION 9.01.  On the effective date of this Act, a person
53-48    who holds a license issued by the Texas Department of Insurance
53-49    that is in good standing is:
53-50                (1)  considered licensed under the applicable licensing
53-51    law as amended by this Act;
53-52                (2)  entitled to act as an agent under the new license
53-53    type, subject to this article; and
53-54                (3)  subject to the provisions of the Insurance Code as
53-55    amended by this Act.
53-56          SECTION 9.02.  (a)  A person who, immediately before the
53-57    effective date of this Act, holds an agent license issued by the
53-58    Texas Department of Insurance and who obtained that license by
53-59    passing a written examination administered by any entity allowed by
53-60    state law, including an insurance carrier, company, or state
53-61    testing contractor, is entitled to the appropriate license as
53-62    provided by Subchapter A, Chapter 21, Insurance Code, as amended by
53-63    this Act, without further examination.
53-64          (b)  A person who, immediately before the effective date of
53-65    this Act, holds an agent license issued by the Texas Department of
53-66    Insurance before January 1, 2001, and who obtained that license
53-67    without taking a written examination or who solicited insurance on
53-68    behalf of a stipulated premium company, farm mutual company, or
53-69    county mutual insurance company before January 1, 2001, is entitled
 54-1    to the appropriate license as provided by Subchapter A, Chapter 21,
 54-2    Insurance Code, as amended by this Act, but must pass the
 54-3    appropriate license examination not later than the second
 54-4    anniversary of the date of issuance to retain the license.  The
 54-5    license of a person who does not pass the license examination as
 54-6    required by this subsection expires on the second anniversary of
 54-7    the date of issuance and may not be renewed.
 54-8          (c)  A person who, immediately before the effective date of
 54-9    this Act, holds an agent license issued by the Texas Department of
54-10    Insurance on or after January 1, 2001, and who obtained that
54-11    license without taking a written examination or who solicited
54-12    insurance on behalf of a stipulated premium company, farm mutual
54-13    company, or county mutual insurance company on or after January 1,
54-14    2001, but before the effective date of this Act, is entitled to the
54-15    appropriate license as provided by Subchapter A, Chapter 21,
54-16    Insurance Code, as amended by this Act, but must pass the
54-17    appropriate license examination not later than May 31, 2002, to
54-18    retain the license.  The license of a person who does not pass the
54-19    license examination as required by this subsection expires on May
54-20    31, 2002.
54-21          (d)  A person who has solicited insurance on behalf of a
54-22    stipulated premium company, farm mutual company, or county mutual
54-23    insurance company for at least 24 months before the effective date
54-24    of this Act is entitled to the appropriate license and any renewal
54-25    license as provided by Subchapter A, Chapter 21, Insurance Code, as
54-26    amended by this Act, without further examination.
54-27          (e)  The continuing education requirements of Subchapter A,
54-28    Chapter 21, Insurance Code, as amended by this Act, do not apply to
54-29    a person who, immediately before the effective date of this Act,
54-30    has been licensed by the Texas Department of Insurance as a
54-31    resident insurance agent under Article 21.07-1, Insurance Code, the
54-32    Managing General Agents' Licensing Act (Article 21.07-3, Vernon's
54-33    Texas Insurance Code), or Article 21.14, Insurance Code, for at
54-34    least 20 years.
54-35                  ARTICLE 10.  EFFECTIVE DATE; TRANSITION
54-36          SECTION 10.01.  (a)  This Act takes effect September 1, 2001.
54-37          (b)  Section 3, Article 21.01-1, Insurance Code, as amended
54-38    by this Act, applies to continuing education requirements for
54-39    insurance agents for a renewal of a license that occurs on or after
54-40    January 1, 2003.
54-41                                 * * * * *