78(R) SB127 - 2nd reading 1 (H)



	
Amend CSSB 127 (House Committee Printing) as follows:                        

(1)  In SECTION 3.02 of the bill, in added Subdivision (1), 	Section 1, Article 21.07-5, Insurance Code (page 7, line 4), strike  
"an individual" and substitute "a person".
	(2)  In SECTION 3.02 of the bill, in added Subparagraph (i), 
Paragraph (A), Subdivision (3), Section 1, Article 21.07-5, 
Insurance Code (page 7, line 10), strike "an individual who, for 
compensation" and substitute "a person who, for direct, indirect, 
or any other compensation".
	(3)  In SECTION 3.02 of the bill, in added Subparagraph (ii), 
Paragraph (A), Subdivision (3), Section 1, Article 21.07-5, 
Insurance Code (page 7, line 19), strike "an individual" and 
substitute "a person".
	(4)  In SECTION 3.02 of the bill, in added Subparagraph (vi), 
Paragraph (B), Subdivision (3), Section 1, Article 21.07-5, 
Insurance Code (page 8, line 17), strike "or".
	(5)  In SECTION 3.02 of the bill, in added Subparagraph 
(vii), Paragraph (B), Subdivision (3), Section 1, Article 21.07-5, 
Insurance Code (page 8, line 20), strike the period and substitute 
"; or".
	(6)  In SECTION 3.02 of the bill, in added Paragraph (B), 
Subdivision (3), Section 1, Article 21.07-5, Insurance Code, 
following Subparagraph (vii) (page 8, between lines 20 and 21), 
insert the following:
				(viii)  a full-time salaried employee of a 
property owner or a property management company retained by a 
property owner who:
					(a)  does not hold the employee out as 
a public insurance adjuster or a building, roofing, or other 
restoration contractor;
					(b)  has not been hired for the purpose 
of handling a specific claim resulting from a fire or casualty loss; 
and
					(c)  acts at the sole discretion of the 
property owner or management company regarding a claim related to 
the owner's property.
	(7)  In SECTION 3.02 of the bill, in added Article 21.07-5, 
Insurance Code, following added Section 5 (page 11, between lines 
22 and 23), insert the following:
	Sec. 5A.  ISSUANCE OF LICENSE TO BUSINESS ENTITY.  (a)  The 
department shall adopt rules necessary to issue a public insurance 
adjuster license to a business entity organized under the laws of 
this state.
	(b)  Rules adopted by the department under Subsection (a) 
must:       
		(1)  be analogous to rules adopted by the department 
under Section 2, Article 21.07 of this code; and
		(2)  contain qualifications for the issuance of a 
public insurance adjuster license analogous to the qualifications 
described by Section 5 of this article.
	(c)  The department may not issue a public insurance adjuster 
license to a business entity described by Subsection (a) unless at 
least one officer, active partner, or other managing individual of 
the business entity and each individual performing acts of a public 
insurance adjuster on behalf of the business entity in this state 
are individually  licensed by the department separately from the 
business entity by the department under Section 5 of this article.
	(8)  In SECTION 3.02 of the bill, in added Section 7, Article 
21.07-5, Insurance Code (page 13, line 10), strike "5 or 15" and 
substitute "5, 5A, 15, or 15A".
	(9)  In SECTION 3.02 of the bill, in added Subsection (e), 
Section 8, Article 21.07-5, Insurance Code (page 15, line 5), 
strike "5 or 15" and substitute "5, 5A, 15, or 15A".
	(10)  In SECTION 3.02 of the bill, in added Subsection (a), 
Section 9, Article 21.07-5, Insurance Code (page 15, lines 6 and 7), 
strike "the applicant" in the first place the phrase appears in the 
subsection and substitute "an examinee".
	(11)  In SECTION 3.02 of the bill, in added Subsection (a), 
Section 9, Article 21.07-5, Insurance Code (page 15, line 8), 
strike "applicant" in the second place the word appears in the 
subsection and substitute "examinee".
	(12)  In SECTION 3.02 of the bill, in added Subsection (b), 
Section 9, Article 21.07-5, Insurance Code (page 15, line 12), 
strike "applicants" and substitute "examinees".
	(13)  In SECTION 3.02 of the bill, in added Subsection (c), 
Section 9, Article 21.07-5, Insurance Code (page 15, line 14), 
strike "applicant" and substitute "examinee".
	(14)  In SECTION 3.02 of the bill, in added Section 10, 
Article 21.07-5, Insurance Code (page 15, line 20), strike "5 or 15" 
and substitute "5, 5A, 15, or 15A".
	(15)  In SECTION 3.02 of the bill, in added Subdivision (3), 
Section 10, Article 21.07-5, Insurance Code (page 15, line 26), 
strike "the name of the firm, if any," and substitute "if 
applicable, the name of the firm".
	(16)  In SECTION 3.02 of the bill, in added Subsection (a), 
Section 13, Article 21.07-5, Insurance Code, between "state" and 
"shall" (page 17, line 9), insert "or a business entity organized 
under the laws of this state".
	(17)  In SECTION 3.02 of the bill, in added Article 21.07-5, 
Insurance Code, following added Section 15 (page 22, between lines 
4 and 5), insert the following:
	Sec. 15A.  LICENSE FOR NONRESIDENT BUSINESS ENTITY.  (a)  The 
department shall adopt rules necessary to issue a public insurance 
adjuster license to a business entity organized under the laws of 
another state or the United States.
	(b)  Rules adopted by the department under Subsection (a) 
must:       
		(1)  be analogous to rules adopted by the department 
under Section 2, Article 21.07 of this code; and
		(2)  contain:                                                          
			(A)  qualifications for the issuance of a public 
insurance adjuster license analogous to the qualifications 
described by Section 15 of this article; and
			(B)  requirements for the performance of the 
duties and powers of a public insurance adjuster analogous to the 
requirements described by Section 15 of this article.
	(c)  The department may not issue a public insurance adjuster 
license to a business entity described by Subsection (a) unless at 
least one officer, active partner, or other managing individual of 
the business entity and each individual performing acts of a public 
insurance adjuster on behalf of the business entity in this state 
are individually  licensed by the department separately from the 
business entity under Section 15 of this article.
	(18)  In SECTION 3.02 of the bill, in added Subsection (b), 
Section 20, Article 21.07-5, Insurance Code (page 24, line 12), 
strike "The" and substitute "On the filing of a completed renewal 
application, renewal fee, and, if applicable, evidence of 
compliance with the continuing education  requirements, the".
	(19)  In SECTION 3.02 of the bill, in added Subsection (a), 
Section 25, Article 21.07-5, Insurance Code (page 31, lines 2 
through 5), strike the final sentence of the subsection, and 
substitute "A licensee may not divert or appropriate fiduciary 
funds received or held."
	(20)  In SECTION 3.02 of the bill, in added Subdivision (3), 
Subsection (a), Section 30, Article 21.07-5, Insurance Code (page 
32, line 25), strike "wilful".
	(21)  In SECTION 3.02 of the bill, in added Subsection (a), 
Section 32, Article 21.07-5, Insurance Code (page 35, lines 7 and 
8), strike "Except as provided by Section 25(a) of this article, an" 
and substitute "An".
	(22)  In SECTION 3.02 of the bill, in added Section 32, 
Article 21.07-5, Insurance Code, following added Subsection (a) 
(page 35, between lines 9 and 10), insert the following new 
subsection and renumber subsequent subsections accordingly:
	(b)  If conduct that constitutes an offense under Subsection 
(a) also constitutes an offense under any other law, the person 
committing the offense may be prosecuted under this section or the 
other law.