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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and operation of the office of public |
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insurance counsel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.003, Insurance Code, is amended to |
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read as follows: |
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Sec. 501.003. SUNSET PROVISION. The office is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the office is abolished |
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September 1, 2021 [2009]. |
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SECTION 2. Section 501.054, Insurance Code, is amended to |
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read as follows: |
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Sec. 501.054. LOBBYING ACTIVITIES. A person may not serve |
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as public counsel or act as general counsel to the office if the |
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person is required to register as a lobbyist under Chapter 305, |
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Government Code, because of the person's activities for |
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compensation on behalf of a profession related to the operation of |
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the department or the office. |
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SECTION 3. Section 501.102, Insurance Code, is amended to |
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read as follows: |
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Sec. 501.102. TRADE ASSOCIATIONS. (a) In this section, |
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"Texas trade association" means a [nonprofit,] cooperative, [and] |
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voluntarily joined statewide association of business or |
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professional competitors in this state designed to assist its |
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members and its industry or profession in dealing with mutual |
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business or professional problems and in promoting their common |
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interest. |
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(b) A person may not serve as public counsel and may not [or] |
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be an office employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.), if [of the office who is exempt from
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the state's position classification plan or is compensated at or
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above the amount prescribed by the General Appropriations Act for
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step 1, salary group A17, of the position classification salary
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schedule if the person is]: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of insurance; |
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or |
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(2) the person's spouse is [of] an officer, manager, or |
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paid consultant of a Texas trade association in the field of |
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insurance. |
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SECTION 4. Subchapter A, Chapter 501, Insurance Code, is |
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amended by adding Section 501.006 to read as follows: |
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Sec. 501.006. TECHNOLOGY POLICY. The office shall |
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implement a policy requiring the office to use appropriate |
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technological solutions to improve the office's ability to perform |
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its functions. The policy must ensure that the public is able to |
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interact with the office on the Internet. |
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SECTION 5. Subchapter D, Chapter 501, Insurance Code, is |
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amended by adding Section 501.160 to read as follows: |
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Sec. 501.160. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. |
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(a) The office shall develop and implement a policy to encourage |
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the use of appropriate alternative dispute resolution procedures |
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under Chapter 2009, Government Code, to assist in the resolution of |
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internal and external disputes under the office's jurisdiction. |
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(b) The office's procedures relating to alternative dispute |
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resolution must conform, to the extent possible, to model |
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guidelines issued by the State Office of Administrative Hearings |
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for the use of alternative dispute resolution procedures by state |
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agencies. |
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(c) The office shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for training needed to |
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implement the alternative dispute resolution procedures; and |
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(3) collect data concerning the effectiveness of those |
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procedures as implemented by the office. |
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SECTION 6. Section 501.102, Insurance Code, as amended by |
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this Act, applies only to an appointment of public counsel that |
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occurs on or after the effective date of this Act. The change in the |
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qualifications for eligibility to serve as public counsel does not |
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affect the eligibility of a person serving as public counsel before |
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the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2009. |