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79R3379 PB-D

By:  Taylor                                                       H.B. No. 3375



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain acts that constitute the 
unauthorized business of insurance.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 101.106, Insurance Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  The attorney representing the state is not required to 
prove the existence of a culpable mental state in the prosecution of 
an offense under this section.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to the punishment for an offense committed on or after the 
effective date of this Act.  For purposes of this section, an 
offense is committed before the effective date of this Act if any 
element of the offense occurs before the effective date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect on the date that the offense was 
committed, and the former law is continued in effect for this 
purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.