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AN ACT
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relating to specialty certification for insurance agents serving |
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certain employer groups. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 4054, Insurance Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. SPECIALTY CERTIFICATION FOR AGENTS SERVING CERTAIN |
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EMPLOYER GROUPS |
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Sec. 4054.351. CERTIFICATION PROGRAM. The department shall |
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establish a voluntary specialty certification program for |
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individuals who market small employer health benefit plans in |
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accordance with Chapter 1501. |
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Sec. 4054.352. QUALIFICATIONS. (a) To be eligible to |
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receive a specialty certification under this subchapter, an |
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individual must: |
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(1) hold a general life, accident, and health license |
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under this chapter; |
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(2) satisfy the requirements of this subchapter; and |
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(3) submit evidence of completion of training to the |
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department in the manner prescribed by the commissioner. |
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(b) To maintain a specialty certification under this |
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subchapter, an individual must continue to hold a general life, |
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accident, and health license under this chapter. |
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Sec. 4054.353. INITIAL TRAINING. (a) To be certified |
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under this subchapter, an individual must first complete training |
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in the law, including department rules, applicable to small |
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employer health benefit plans offered under Chapter 1501. |
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(b) An individual seeking specialty certification under |
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this subchapter must complete a course applicable to small employer |
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health benefit plans under Chapter 1501, as prescribed and approved |
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by the commissioner. Except as provided by Subsection (c), an |
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individual is not eligible for the specialty certification unless, |
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on completion of the course, it is certified to the commissioner as |
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required by the department that the individual has: |
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(1) completed the course; and |
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(2) passed an examination testing the individual's |
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knowledge and qualification. |
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(c) An individual seeking specialty certification under |
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this subchapter is not required to complete the course and |
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examination required by Subsection (b) if the individual |
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demonstrates to the department, in the manner prescribed by the |
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department, that the individual holds a designation as: |
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(1) a Registered Health Underwriter (RHU); |
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(2) a Certified Employee Benefit Specialist (CEBS); or |
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(3) a Registered Employee Benefits Consultant (REBC). |
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Sec. 4054.354. RENEWAL. To renew a specialty certification |
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under this subchapter, the individual must complete five hours of |
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continuing education applicable to small employer health benefit |
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plans during the two-year certification period. |
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Sec. 4054.355. SATISFACTION OF CONTINUING EDUCATION |
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REQUIREMENTS. Each hour of education completed in accordance with |
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this subchapter to obtain or renew a specialty license may be used |
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to satisfy an hour of a continuing education requirement otherwise |
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applicable to the agent under this title. |
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Sec. 4054.356. OFFER OF SERVICES TO ALL GROUP SIZES. To |
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hold a specialty certification under this subchapter, an individual |
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must agree to market small employer health benefit plans to small |
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employers that satisfy the requirements of Chapter 1501 without |
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regard to the number of employees to be covered under the plan. |
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Sec. 4054.357. ADVERTISING. An individual who holds a |
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specialty certification may advertise, in the manner specified by |
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department rule, that the individual is specially trained to serve |
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small employers. |
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Sec. 4054.358. LIST MAINTAINED BY DEPARTMENT; WEBSITE. The |
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department shall maintain a list of all individuals who hold a |
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specialty certification under this subchapter, together with the |
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business address and phone number of each individual and a general |
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description of the individual's service area. The department shall |
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publish the list on the department website. |
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Sec. 4054.359. RULES. The commissioner, in accordance with |
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Section 36.001, may adopt rules as necessary to administer this |
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subchapter. |
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SECTION 2. Section 4001.002, Insurance Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Except as otherwise provided by this code, this title |
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applies to each individual who holds a specialty certification |
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under Subchapter H, Chapter 4054. |
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SECTION 3. Not later than January 1, 2010, the Texas |
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Department of Insurance may begin issuing specialty certifications |
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under Subchapter H, Chapter 4054, Insurance Code, as added by this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 79 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 79 passed the House on |
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May 19, 2009, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |