BILL ANALYSIS |
C.S.H.B. 3910 |
By: Paul |
Insurance |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties have expressed concern that while currently insurance agents pay a fine for each uncompleted hour of required continuing education, the agents are not required to make up the deficient hours. The parties contend that the lack of a requirement to make up the uncompleted continuing education hours may result in agents who lack the training needed to ensure adequate consumer protection. C.S.H.B. 3910 seeks to address this issue.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 3910 amends the Insurance Code to make completion of required continuing education a condition of licensure for each insurance professional licensed by the Texas Department of Insurance (TDI). The bill prohibits TDI from renewing a license issued under statutory provisions relating to the regulation of insurance professionals if the license holder fails to complete an applicable continuing education requirement not later than the 90th day after the last day of the licensing period or fails to pay an applicable fine related to the failure to timely complete continuing education. The bill prohibits TDI from issuing a new license under such provisions to an individual who was previously licensed if the individual fails to provide evidence of completion of an applicable continuing education requirement for the expired, nonrenewed, canceled, or revoked license or fails to pay an applicable fine related to the failure to timely complete continuing education.
C.S.H.B. 3910 establishes that completion of continuing education after expiration of a license is not a defense in a disciplinary action under statutory provisions relating to grounds for license denial or disciplinary action, statutory provisions relating to fines, or another provision of the Insurance Code against an individual who failed to complete the required continuing education.
C.S.H.B. 3910 requires TDI to certify continuing education programs for adjusters and specifies the content of the program. The bill clarifies that certain restrictions on application for a license after denial of an application or revocation of a license do not apply to an applicant whose license was denied or revoked for failure to complete continuing education or failure to pay an applicable fine related to the failure to timely complete continuing education.
C.S.H.B. 3910 includes among the conditions for a person whose public insurance adjuster's license has been expired for one year or more to obtain a new license, submitting evidence of completion of any outstanding continuing education requirement related to the expired license, if applicable.
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EFFECTIVE DATE
November 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 3910 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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