By: Smithee (Senate Sponsor - Fraser) H.B. No. 4358

(In the Senate - Received from the House April 23, 2009; May 6, 2009, read first time and referred to Committee on Business and Commerce; May 13, 2009, reported favorably by the following vote: Yeas 8, Nays 0; May 13, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to rulemaking authority for administrative penalties assessed for violations of the Insurance Code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 84, Insurance Code, is amended by adding Section 84.004 to read as follows:

Sec. 84.004. RULEMAKING AUTHORITY. (a) The commissioner may adopt and enforce reasonable rules that the commissioner determines necessary to accomplish the purposes of this chapter.

(b) The commissioner may establish by rule the amount of an administrative penalty to be imposed under Section 84.022 for a specific violation.

(c) The existence or absence of a rule adopted under this chapter does not limit the commissioner's authority to take any action authorized by law.

SECTION 2. 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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