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Amend CSSB 14 by adding the following new ARTICLE to the bill,
numbered appropriately, and renumbering existing ARTICLES and
SECTIONS of the bill appropriately:
ARTICLE ___. CAPTIVE AGENT PROVISION
SECTION ____. Subchapter A, Chapter 21, Insurance Code, is
amended by adding Article 21.14A to read as follows:
Art. 21.14A. POLICIES WRITTEN BY AN EXCLUSIVE OR CAPTIVE
AGENT
Sec. 1. DEFINITIONS. In this article:
(1) "Agent" means a person who holds a general
property and casualty license as that term is described by Section
2, Article 21.14, of this code, who places at least 70 percent of
the number of policies sold by that agent in the voluntary market
with one insurer or group of insurers under common ownership or
control and with whom the agent has a contractual agreement,
including an employment agreement.
(2) "Insurer" means an insurance company, reciprocal
or interinsurance exchange, mutual insurance company, capital
stock company, county mutual insurance company, Lloyd's plan, or
other legal entity authorized to write personal automobile
insurance or residential property insurance in this state. The
term includes an affiliate, as described by Section 823.003(a) of
this code, if that affiliate is authorized to write and is writing
personal automobile insurance or residential property insurance in
this state. The term does not include:
(A) the Texas Windstorm Insurance Association
under Article 21.49 of this code;
(B) the FAIR Plan Association under Article
21.49A of this code; or
(C) the Texas Automobile Insurance Plan
Association under Article 21.81 of this code.
Sec. 2. ISSUANCE OF POLICY THROUGH OTHER INSURER. (a) If
an insurer temporarily or permanently declines to issue new
policies in this state in a particular line of insurance, an agent
of that insurer may write new policies in that line of insurance
through another insurer.
(b) An agent may write new polices in a line of insurance
under this section regardless of the terms of the contract between
the insurer declining to issue new policies for that line of
insurance and the agent of the insurer.