81R2324 PMO-D
 
  By: Nelson S.B. No. 79
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to specialty certification for insurance agents serving
  certain employer groups.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 4054, Insurance Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H.  SPECIALTY CERTIFICATION FOR AGENTS SERVING CERTAIN
  EMPLOYER GROUPS
         Sec. 4054.351.  CERTIFICATION PROGRAM.  The department shall
  establish a voluntary specialty certification program for
  individuals who market small employer health benefit plans in
  accordance with Chapter 1501.
         Sec. 4054.352.  QUALIFICATIONS.  (a)  To be eligible to
  receive a specialty certification under this subchapter, an
  individual must:
               (1)  hold a general life, accident, and health license
  under this chapter;
               (2)  satisfy the requirements of this subchapter; and
               (3)  submit evidence of completion of training to the
  department in the manner prescribed by the commissioner.
         (b)  To maintain a specialty certification under this
  subchapter, an individual must continue to hold a general life,
  accident, and health license under this chapter.
         Sec. 4054.353.  TRAINING.  (a)  To be certified under this
  subchapter, an individual must first complete training in the law,
  including department rules, applicable to small employer health
  benefit plans offered under Chapter 1501.
         (b)  An individual seeking specialty certification under
  this subchapter must complete a course applicable to small employer
  health benefit plans under Chapter 1501, as prescribed and approved
  by the commissioner.  Except as provided by Subsection (c), an
  individual is not eligible for the specialty certification unless,
  on completion of the course, it is certified to the commissioner as
  required by the department that the individual has:
               (1)  completed the course; and
               (2)  passed an examination testing the individual's
  knowledge and qualification.
         (c)  An individual seeking specialty certification under
  this chapter is not required to complete the course and examination
  required by Subsection (b) if the individual demonstrates to the
  department, in the manner prescribed by the department, that the
  individual holds a designation as:
               (1)  a Registered Health Underwriter (RHU);
               (2)  a Certified Employee Benefit Specialist (CEBS); or
               (3)  a Registered Employee Benefits Consultant (REBC).
         Sec. 4054.354.  CONTINUING EDUCATION REQUIREMENTS.  (a)  To
  renew a specialty certification under this subchapter, the
  individual must complete five hours of continuing education
  applicable to small employer health benefit plans during the
  two-year certification period.
         (b)  Each hour of continuing education completed in
  accordance with this section may be used to satisfy an hour of a
  continuing education requirement otherwise applicable to the agent
  under this title.
         Sec. 4054.355.  OFFER OF SERVICES TO ALL GROUP SIZES.  To
  hold a specialty certification under this subchapter, an individual
  must agree to market small employer health benefit plans to small
  employers that satisfy the requirements of Chapter 1501 without
  regard to the number of employees to be covered under the plan.
         Sec. 4054.356.  ADVERTISING.  An individual who holds a
  specialty certification may advertise, in the manner specified by
  department rule, that the individual is specially trained to serve
  small employers.
         Sec. 4054.357.  LIST MAINTAINED BY DEPARTMENT; WEBSITE.  The
  department shall maintain a list of all individuals who hold a
  specialty certification under this chapter, together with the
  business address and phone number of each individual and a general
  description of the individual's service area.  The department shall
  publish the list on the department website.
         Sec. 4054.358.  RULES. The commissioner, in accordance with
  Section 36.001, may adopt rules as necessary to administer this
  subchapter.
         SECTION 2.  Section 4001.002, Insurance Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Except as otherwise provided by this code, this title
  applies to each individual who holds a specialty certification
  under Subchapter H, Chapter 4054.
         SECTION 3.  Not later than January 1, 2010, the Texas
  Department of Insurance may begin issuing specialty certifications
  under Subchapter H, Chapter 4054, Insurance Code, as added by this
  Act.
         SECTION 4.  This Act takes effect September 1, 2009.