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A BILL TO BE ENTITLED
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AN ACT
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relating to the election and qualifications of the commissioner of |
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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 31.023, Insurance Code, is amended to |
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read as follows: |
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Sec. 31.023. QUALIFICATIONS. The commissioner must: |
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(1) be at least 30 years of age [a competent and
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experienced administrator]; |
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(2) be a United States citizen [well informed and
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qualified in the field of insurance and insurance regulation]; and |
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(3) have resided in this state for at least five years |
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immediately preceding the date of the commissioner's election [of
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experience in the administration of business or government or as a
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practicing attorney or certified public accountant]. |
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SECTION 3. Sections 33.002(a) and (b), Insurance Code, are |
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amended to read as follows: |
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(a) A person is not eligible to serve [for appointment] as |
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commissioner if the person, the person's spouse, or any other |
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person who resides in the same household as the person: |
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(1) is registered, certified, or licensed by the |
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department; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving funds from the department; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving funds from the department; |
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or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or funds from the department, other than |
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compensation or reimbursement authorized by law. |
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(b) A person is not eligible to serve [for appointment] as |
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commissioner if the person: |
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(1) is a stockholder, director, officer, attorney, |
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agent, or employee of an insurance company, insurance agent, |
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insurance broker, or insurance adjuster; or |
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(2) is directly or indirectly interested in a business |
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described by Subdivision (1). |
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SECTION 4. 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 5. 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 6. Sections 31.024 and 31.027, Insurance Code, are |
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repealed. |
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SECTION 7. (a) The first general election for commissioner |
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of insurance shall be held November 2, 2010, for a four-year term |
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beginning on January 1, 2011. |
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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 8. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2011. |
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(b) Sections 1 and 7 of this Act take effect September 1, |
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2009. |