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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of the commissioner of insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.022, Insurance Code, is amended to |
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read as follows: |
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Sec. 31.022. ELECTION [APPOINTMENT; TERM]. The |
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commissioner is elected by the qualified voters at the general |
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election for state and county officers for a term of four years. |
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[(a)
The governor, with the advice and consent of the senate,
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shall appoint the commissioner.
The commissioner serves a two-year
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term that expires on February 1 of each odd-numbered year.
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[(b)
The governor shall appoint the commissioner without
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regard to the race, color, disability, sex, religion, age, or
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national origin of the appointee.] |
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SECTION 2. Section 31.024, Insurance Code, is amended to |
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read as follows: |
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Sec. 31.024. INELIGIBILITY FOR PUBLIC OFFICE. The |
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commissioner is ineligible to be a candidate for another [a] public |
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elective office in this state, unless the commissioner has resigned |
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and the governor has accepted the resignation. |
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SECTION 3. Section 31.027(a), Insurance Code, is amended to |
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read as follows: |
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(a) It is a ground for removal from office if the |
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commissioner: |
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(1) [does not have at the time of appointment the
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qualifications required by Section 31.023;
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[(2)
does not maintain during service as commissioner
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the qualifications required by Section 31.023;
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[(3)] violates a prohibition established by Section |
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33.001, 33.003, 33.004, or 33.005; or |
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(2) [(4)] cannot, because of illness or disability, |
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discharge the commissioner's duties for a substantial part of the |
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commissioner's term. |
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SECTION 4. Sections 33.004(a) and (b), Insurance Code, are |
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amended to read as follows: |
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(a) A person who is an officer, employee, or paid consultant |
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of a trade association in the field of insurance may not be[:
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[(1) the commissioner; or
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[(2)] an employee of the department who is exempt from |
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the state's position classification plan or is compensated at or |
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above the amount prescribed by the General Appropriations Act for |
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step 1, salary group A17, of the position classification salary |
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schedule. |
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(b) A person who is the spouse of an officer, manager, or |
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paid consultant of a trade association in the field of insurance may |
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not be[:
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[(1) the commissioner; or
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[(2)] an employee of the department who is exempt from |
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the state's position classification plan or is compensated at or |
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above the amount prescribed by the General Appropriations Act for |
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step 1, salary group A17, of the position classification salary |
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schedule. |
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SECTION 5. Section 52.092(c), Election Code, is amended to |
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read as follows: |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) commissioner of insurance; |
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(8) railroad commissioner; |
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(9) [(8)] chief justice, supreme court; |
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(10) [(9)] justice, supreme court; |
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(11) [(10)] presiding judge, court of criminal |
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appeals; |
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(12) [(11)] judge, court of criminal appeals. |
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SECTION 6. Section 504.401(d), Transportation Code, is |
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amended to read as follows: |
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(d) In this section, "state official" means: |
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(1) a member of the legislature; |
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(2) the governor; |
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(3) the lieutenant governor; |
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(4) a justice of the supreme court; |
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(5) a judge of the court of criminal appeals; |
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(6) the attorney general; |
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(7) the commissioner of the General Land Office; |
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(8) the comptroller; |
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(9) a member of the Railroad Commission of Texas; |
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(10) the commissioner of agriculture; |
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(11) the commissioner of insurance; |
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(12) the secretary of state; or |
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(13) [(12)] a member of the State Board of Education. |
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SECTION 7. Sections 31.023 and 33.002, Insurance Code, are |
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repealed. |
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SECTION 8. (a) The first general election for commissioner |
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of insurance shall be held November 2, 2010, for a two-year term |
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beginning on January 1, 2011. Thereafter, the commissioner of |
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insurance shall be elected to serve a four-year term. |
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(b) Until the first commissioner of insurance elected under |
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this Act takes office, the commissioner serving on the effective |
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date of this Act shall, unless otherwise removed as provided by law, |
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continue in office under the prior law that governed the office, and |
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that prior law is continued in effect for that purpose. If on |
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January 1, 2011, there is a vacancy in the office of commissioner of |
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insurance created under this Act because the first |
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commissioner-elect has died or refuses or is permanently unable to |
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serve, the commissioner serving on that date shall, unless |
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otherwise removed as provided by law, continue in office under the |
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prior law that governed the office until the governor fills the |
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vacancy by appointment in the manner provided by law. The prior law |
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that governed the office of the commissioner of insurance is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2009, except |
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that Sections 3, 5, and 6 of this Act take effect January 1, 2011. |