By: Thompson (Senate Sponsor - Van de Putte) H.B. No. 1757
         (In the Senate - Received from the House April 16, 2009;
  April 16, 2009, read first time and referred to Committee on
  Business and Commerce; May 18, 2009, reported favorably by the
  following vote: Yeas 7, Nays 0; May 18, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to review of certain license examinations for insurance
  agents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 4002, Insurance Code, is
  amended by adding Section 4002.008 to read as follows:
         Sec. 4002.008.  STANDARDS FOR EXAMINATION PASS RATES; ANNUAL
  REPORT. (a)  This section applies only to insurance agent license
  examinations for limited and single lines licenses, including agent
  licenses issued under:
               (1)  Subchapters C and I, Chapter 4051; and
               (2)  Subchapters C and G, Chapter 4054.
         (b)  The commissioner or, at the commissioner's discretion,
  a vendor under contract with the department, shall review a license
  examination subject to this section if, during any 12-month period
  beginning on September 1 of a year, that examination exhibits an
  overall pass rate of less than 70 percent for first-time examinees.
         (c)  The department shall collect demographic information,
  including, race, gender, and national origin, from an individual
  taking a license examination subject to this section.
         (d)  The department shall compile an annual report based on
  the review required under Subsection (b). The report must indicate
  whether there was any disparity in the pass rate based on
  demographic information.
         (e)  The commissioner by rule may establish procedures as
  necessary to:
               (1)  collect demographic information necessary to
  implement this section; and
               (2)  ensure that a review required under Subsection (b)
  is conducted and the resulting report is prepared.
         (f)  The commissioner shall deliver the report prepared
  under Subsection (d) to the governor, the lieutenant governor, and
  the speaker of the house of representatives not later than December
  1 of each year.
         SECTION 2.  (a)  The first 12-month period for which a
  license examination review may be required under Section
  4002.008(b), Insurance Code, as added by this Act, begins September
  1, 2009.
         (b)  The commissioner of insurance shall deliver the initial
  report required under Section 4002.008, Insurance Code, as added by
  this Act, not later than December 1, 2010.
         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, 2009.
 
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