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A BILL TO BE ENTITLED
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AN ACT
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relating to the election and qualifications of the commissioner of |
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insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.022, Insurance Code, is amended to |
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read as follows: |
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Sec. 31.022. ELECTION [APPOINTMENT; TERM]. The |
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commissioner is elected by the qualified voters at the general |
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election for state and county officers for a term of four years. |
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[(a)
The governor, with the advice and consent of the senate,
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shall appoint the commissioner.
The commissioner serves a two-year
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term that expires on February 1 of each odd-numbered year.
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[(b)
The governor shall appoint the commissioner without
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regard to the race, color, disability, sex, religion, age, or
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national origin of the appointee.] |
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SECTION 2. Section 31.023, Insurance Code, is amended to |
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read as follows: |
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Sec. 31.023. QUALIFICATIONS. The commissioner must: |
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(1) be at least 30 years of age [a competent and
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experienced administrator]; |
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(2) be a United States citizen [well informed and
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qualified in the field of insurance and insurance regulation]; |
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[and] |
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(3) have resided in this state for at least five years |
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immediately preceding the date of the commissioner's election; and |
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(4) hold a bachelor's degree [of experience in the
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administration of business or government or as a practicing
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attorney or certified public accountant]. |
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SECTION 3. Section 31.041(c), Insurance Code, is amended to |
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read as follows: |
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(c) A person appointed as an associate or deputy |
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commissioner or to hold an equivalent position must have at least |
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five years of [the] experience in the administration of business or |
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government or as a practicing attorney or certified public |
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accountant [required for appointment as commissioner under Section
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31.023]. At least two years of that experience must be in work |
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related to the position to be held. |
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SECTION 4. Sections 33.002(a) and (b), Insurance Code, are |
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amended to read as follows: |
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(a) A person is not eligible to serve [for appointment] as |
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commissioner if the person, the person's spouse, or any other |
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person who resides in the same household as the person: |
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(1) is registered, certified, or licensed by the |
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department; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving funds from the department; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving funds from the department; |
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or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or funds from the department, other than |
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compensation or reimbursement authorized by law. |
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(b) A person is not eligible to serve [for appointment] as |
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commissioner if the person: |
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(1) is a stockholder, director, officer, attorney, |
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agent, or employee of an insurance company, insurance agent, |
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insurance broker, or insurance adjuster; or |
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(2) is directly or indirectly interested in a business |
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described by Subdivision (1). |
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SECTION 5. Section 961.002(b), Insurance Code, is amended |
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to read as follows: |
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(b) The following provisions of this code apply to a |
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nonprofit legal services corporation in the same manner that they |
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apply to an insurer or a person engaged in the business of |
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insurance, to the extent the provisions do not conflict with this |
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chapter: |
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(1) Articles 1.09-1 and 21.47; |
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(2) Sections 31.002, 31.004, 31.007, 31.021, 31.022, |
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[31.023,] 31.026, [31.027,] 32.021, 32.022(a), 32.023, 33.002, |
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33.006, 36.108, 38.001, 81.004, 201.005, 201.055, 401.051, |
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401.052, 401.054-401.062, 401.103-401.106, 401.151, 401.152, |
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401.155, 401.156, 801.001, 801.002, 801.051-801.055, 801.057, |
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801.101, 801.102, 841.251, and 841.252; |
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(3) Subchapter B, Chapter 31; |
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(4) Subchapters A and C, Chapter 32; |
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(5) Subchapter D, Chapter 36; |
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(6) Subchapter A, Chapter 401; |
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(7) Subchapter A, Chapter 542; |
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(8) Subchapter A, Chapter 805; and |
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(9) Chapters 86, 402, 441, 443, 481, 541, 802, and 824. |
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SECTION 6. Section 52.092(c), Election Code, is amended to |
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read as follows: |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) commissioner of insurance; |
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(8) railroad commissioner; |
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(9) [(8)] chief justice, supreme court; |
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(10) [(9)] justice, supreme court; |
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(11) [(10)] presiding judge, court of criminal |
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appeals; |
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(12) [(11)] judge, court of criminal appeals. |
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SECTION 7. Section 504.401(d), Transportation Code, is |
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amended to read as follows: |
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(d) In this section, "state official" means: |
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(1) a member of the legislature; |
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(2) the governor; |
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(3) the lieutenant governor; |
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(4) a justice of the supreme court; |
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(5) a judge of the court of criminal appeals; |
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(6) the attorney general; |
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(7) the commissioner of the General Land Office; |
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(8) the comptroller; |
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(9) a member of the Railroad Commission of Texas; |
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(10) the commissioner of agriculture; |
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(11) the commissioner of insurance; |
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(12) the secretary of state; or |
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(13) [(12)] a member of the State Board of Education. |
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SECTION 8. Sections 31.024 and 31.027, Insurance Code, are |
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repealed. |
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SECTION 9. (a) The first general election for commissioner |
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of insurance shall be held November 4, 2014, for a four-year term |
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beginning on January 1, 2015. |
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(b) Until the first commissioner of insurance elected under |
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this Act takes office, the commissioner serving on the effective |
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date of this Act shall, unless otherwise removed as provided by law, |
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continue in office under the prior law that governed the office, and |
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that prior law is continued in effect for that purpose. If on |
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January 1, 2015, there is a vacancy in the office of commissioner of |
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insurance created under this Act because the first |
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commissioner-elect has died or refuses or is permanently unable to |
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serve, the commissioner serving on that date shall, unless |
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otherwise removed as provided by law, continue in office under the |
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prior law that governed the office until the governor fills the |
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vacancy by appointment in the manner provided by law. The prior law |
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that governed the office of the commissioner of insurance is |
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continued in effect for that purpose. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2015. |
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(b) Sections 1, 6, and 9 of this Act take effect September 1, |
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2013. |