|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the applicability of the insurance laws of this state to |
|
certain conduct. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 101.001(d), Insurance Code, is amended |
|
to read as follows: |
|
(d) It is also a concern that this state not become a safe |
|
harbor for persons or insurers engaged in the unauthorized business |
|
of insurance in this state, regardless of whether the insureds or |
|
other persons affected by the unauthorized business of insurance |
|
are residents of this state. This subsection is not intended to: |
|
(1) expand the authority of the department to regulate |
|
the activities of insurers licensed or authorized to engage in |
|
business in this state or in another state or jurisdiction; or |
|
(2) permit the department to use its resources to |
|
investigate alleged violations of law by those licensed or |
|
authorized insurers on behalf of any foreign jurisdiction. |
|
SECTION 2. Section 101.051(c), Insurance Code, is amended |
|
to read as follows: |
|
(c) An act described by Subsection (b) by an unlicensed or |
|
unauthorized person or unlicensed or unauthorized insurer that |
|
occurs in this state and that affects a person in another state, the |
|
District of Columbia, or a territory of the United States [or
|
|
jurisdiction] constitutes the business of insurance in this state. |
|
The terms "unlicensed" and "unauthorized" in this subsection are |
|
not intended to authorize the department to regulate activities in |
|
any other state or foreign jurisdiction of licensed or authorized |
|
insurers. |
|
SECTION 3. (a) Section 101.051(c), Insurance Code, as |
|
amended by this Act, applies only to conduct engaged in on or after |
|
the effective date of this Act. |
|
(b) Conduct engaged in before the effective date of this Act |
|
is governed by the law applicable to the conduct immediately before |
|
the effective date of this Act, and that law is continued in effect |
|
for that purpose. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |