By: Deuell S.B. No. 1001
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and operation of the office of public
  insurance counsel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 501.003, Insurance Code, is amended to
  read as follows:
         Sec. 501.003.  SUNSET PROVISION.  The office is subject to
  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
  in existence as provided by that chapter, the office is abolished
  September 1, 2021 [2009].
         SECTION 2.  Section 501.054, Insurance Code, is amended to
  read as follows:
         Sec. 501.054.  LOBBYING ACTIVITIES.  A person may not serve
  as public counsel or act as general counsel to the office if the
  person is required to register as a lobbyist under Chapter 305,
  Government Code, because of the person's activities for
  compensation on behalf of a profession related to the operation of
  the department or the office.
         SECTION 3.  Section 501.102, Insurance Code, is amended to
  read as follows:
         Sec. 501.102.  TRADE ASSOCIATIONS.  (a)  In this section,
  "Texas trade association" means a [nonprofit,] cooperative, [and]
  voluntarily joined statewide association of business or
  professional competitors in this state designed to assist its
  members and its industry or profession in dealing with mutual
  business or professional problems and in promoting their common
  interest.
         (b)  A person may not serve as public counsel and may not [or]
  be an office employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.), if [of the office who is exempt from
  the state's position classification plan or is compensated at or
  above the amount prescribed by the General Appropriations Act for
  step 1, salary group A17, of the position classification salary
  schedule if the person is]:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of insurance;
  or
               (2)  the person's spouse is [of] an officer, manager, or
  paid consultant of a Texas trade association in the field of
  insurance.
         SECTION 4.  Subchapter A, Chapter 501, Insurance Code, is
  amended by adding Section 501.006 to read as follows:
         Sec. 501.006.  TECHNOLOGY POLICY.  The office shall
  implement a policy requiring the office to use appropriate
  technological solutions to improve the office's ability to perform
  its functions. The policy must ensure that the public is able to
  interact with the office on the Internet.
         SECTION 5.  Subchapter D, Chapter 501, Insurance Code, is
  amended by adding Section 501.160 to read as follows:
         Sec. 501.160.  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
  (a)  The office shall develop and implement a policy to encourage
  the use of appropriate alternative dispute resolution procedures
  under Chapter 2009, Government Code, to assist in the resolution of
  internal and external disputes under the office's jurisdiction.
         (b)  The office's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution procedures by state
  agencies.
         (c)  The office shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for training needed to
  implement the alternative dispute resolution procedures; and
               (3)  collect data concerning the effectiveness of those
  procedures as implemented by the office.
         SECTION 6.  Section 501.102, Insurance Code, as amended by
  this Act, applies only to an appointment of public counsel that
  occurs on or after the effective date of this Act.  The change in the
  qualifications for eligibility to serve as public counsel does not
  affect the eligibility of a person serving as public counsel before
  the effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2009.