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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain licensed activities and |
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related organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TITLE ATTORNEY LICENSE; ATTORNEY'S TITLE INSURANCE |
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COMPANY |
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SECTION 1.01. Section 35.001(2), Insurance Code, is amended |
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to read as follows: |
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(2) "Regulated entity" means each insurer, |
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organization, person, or program regulated by the department, |
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including: |
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(A) a domestic or foreign, stock or mutual, life, |
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health, or accident insurance company; |
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(B) a domestic or foreign, stock or mutual, fire |
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or casualty insurance company; |
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(C) a Mexican casualty company; |
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(D) a domestic or foreign Lloyd's plan; |
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(E) a domestic or foreign reciprocal or |
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interinsurance exchange; |
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(F) a domestic or foreign fraternal benefit |
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society; |
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(G) a domestic or foreign title insurance |
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company; |
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(H) [an attorney's title insurance company;
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[(I)] a stipulated premium company; |
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(I) [(J)] a nonprofit legal service corporation; |
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(J) [(K)] a health maintenance organization; |
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(K) [(L)] a statewide mutual assessment company; |
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(L) [(M)] a local mutual aid association; |
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(M) [(N)] a local mutual burial association; |
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(N) [(O)] an association exempt under Section |
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887.102; |
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(O) [(P)] a nonprofit hospital, medical, or |
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dental service corporation, including a company subject to Chapter |
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842; |
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(P) [(Q)] a county mutual insurance company; |
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(Q) [(R)] a farm mutual insurance company; and |
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(R) [(S)] an agency or agent of an insurer, |
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organization, person, or program described by this subdivision. |
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SECTION 1.02. Section 82.002(a), Insurance Code, is amended |
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to read as follows: |
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(a) This chapter applies to each company regulated by the |
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commissioner, including: |
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(1) a domestic or foreign, stock or mutual, life, |
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health, or accident insurance company; |
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(2) a domestic or foreign, stock or mutual, fire or |
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casualty insurance company; |
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(3) a Mexican casualty company; |
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(4) a domestic or foreign Lloyd's plan insurer; |
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(5) a domestic or foreign reciprocal or interinsurance |
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exchange; |
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(6) a domestic or foreign fraternal benefit society; |
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(7) a domestic or foreign title insurance company; |
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(8) [an attorney's title insurance company;
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[(9)] a stipulated premium insurance company; |
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(9) [(10)] a nonprofit legal service corporation; |
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(10) [(11)] a health maintenance organization; |
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(11) [(12)] a statewide mutual assessment company; |
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(12) [(13)] a local mutual aid association; |
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(13) [(14)] a local mutual burial association; |
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(14) [(15)] an association exempt under Section |
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887.102; |
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(15) [(16)] a nonprofit hospital, medical, or dental |
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service corporation, including a company subject to Chapter 842; |
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(16) [(17)] a county mutual insurance company; and |
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(17) [(18)] a farm mutual insurance company. |
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SECTION 1.03. Section 83.002(a), Insurance Code, is amended |
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to read as follows: |
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(a) This chapter applies to each company regulated by the |
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commissioner, including: |
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(1) a domestic or foreign, stock or mutual, life, |
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health, or accident insurance company; |
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(2) a domestic or foreign, stock or mutual, fire or |
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casualty insurance company; |
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(3) a Mexican casualty company; |
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(4) a domestic or foreign Lloyd's plan insurer; |
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(5) a domestic or foreign reciprocal or interinsurance |
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exchange; |
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(6) a domestic or foreign fraternal benefit society; |
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(7) a domestic or foreign title insurance company; |
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(8) [an attorney's title insurance company;
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[(9)] a stipulated premium insurance company; |
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(9) [(10)] a nonprofit legal service corporation; |
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(10) [(11)] a statewide mutual assessment company; |
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(11) [(12)] a local mutual aid association; |
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(12) [(13)] a local mutual burial association; |
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(13) [(14)] an association exempt under Section |
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887.102; |
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(14) [(15)] a nonprofit hospital, medical, or dental |
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service corporation, including a company subject to Chapter 842; |
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(15) [(16)] a county mutual insurance company; and |
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(16) [(17)] a farm mutual insurance company. |
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SECTION 1.04. Section 554.001, Insurance Code, is amended |
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to read as follows: |
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Sec. 554.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to each insurer or health maintenance organization engaged |
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in the business of insurance or the business of a health maintenance |
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organization in this state, regardless of form and however |
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organized, including: |
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(1) a stock life, health, or accident insurance |
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company; |
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(2) a mutual life, health, or accident insurance |
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company; |
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(3) a stock fire or casualty insurance company; |
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(4) a mutual fire or casualty insurance company; |
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(5) a Mexican casualty insurance company; |
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(6) a Lloyd's plan; |
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(7) a reciprocal or interinsurance exchange; |
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(8) a fraternal benefit society; |
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(9) a title insurance company; |
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(10) [an attorney's title insurance company;
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[(11)] a stipulated premium company; |
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(11) [(12)] a nonprofit legal services corporation; |
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(12) [(13)] a statewide mutual assessment company; |
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(13) [(14)] a local mutual aid association; |
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(14) [(15)] a local mutual burial association; |
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(15) [(16)] an association exempt under Section |
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887.102; |
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(16) [(17)] a nonprofit hospital, medical, or dental |
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service corporation, including a corporation subject to Chapter |
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842; |
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(17) [(18)] a county mutual insurance company; |
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(18) [(19)] a farm mutual insurance company; and |
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(19) [(20)] an insurer or health maintenance |
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organization engaged in the business of insurance or the business |
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of a health maintenance organization in this state that does not |
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hold a certificate of authority issued by the department or is not |
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otherwise authorized to engage in business in this state. |
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SECTION 1.05. Section 703.001, Insurance Code, is amended |
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to read as follows: |
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Sec. 703.001. DEFINITION. In this chapter, "covered |
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entity" means a health maintenance organization or insurer |
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regulated by the department, including: |
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(1) a stock life, health, or accident insurance |
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company; |
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(2) a mutual life, health, or accident insurance |
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company; |
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(3) a stock fire or casualty insurance company; |
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(4) a mutual fire or casualty insurance company; |
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(5) a Mexican casualty insurance company; |
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(6) a Lloyd's plan; |
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(7) a reciprocal or interinsurance exchange; |
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(8) a fraternal benefit society; |
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(9) a title insurance company; |
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(10) [an attorney's title insurance company;
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[(11)] a stipulated premium company; |
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(11) [(12)] a nonprofit legal services corporation; |
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(12) [(13)] a statewide mutual assessment company; |
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(13) [(14)] a local mutual aid association; |
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(14) [(15)] a local mutual burial association; |
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(15) [(16)] an association exempt under Section |
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887.102; |
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(16) [(17)] a nonprofit hospital, medical, or dental |
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service corporation, including a corporation subject to Chapter |
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842; |
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(17) [(18)] a county mutual insurance company; and |
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(18) [(19)] a farm mutual insurance company. |
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SECTION 1.06. Section 802.051, Insurance Code, is amended |
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to read as follows: |
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Sec. 802.051. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to each company regulated by the commissioner, including: |
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(1) a stock life, health, or accident insurance |
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company; |
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(2) a mutual life, health, or accident insurance |
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company; |
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(3) a stock fire or casualty insurance company; |
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(4) a mutual fire or casualty insurance company; |
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(5) a Mexican casualty company; |
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(6) a Lloyd's plan; |
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(7) a reciprocal or interinsurance exchange; |
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(8) a fraternal benefit society; |
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(9) a title insurance company; |
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(10) [an attorney's title insurance company;
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[(11)] a stipulated premium insurance company; |
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(11) [(12)] a nonprofit legal service corporation; |
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(12) [(13)] a health maintenance organization; |
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(13) [(14)] a statewide mutual assessment company; |
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(14) [(15)] a local mutual aid association; |
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(15) [(16)] a local mutual burial association; |
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(16) [(17)] an association exempt under Section |
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887.102; |
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(17) [(18)] a nonprofit hospital, medical, or dental |
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service corporation, including a company subject to Chapter 842; |
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(18) [(19)] a county mutual insurance company; and |
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(19) [(20)] a farm mutual insurance company. |
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SECTION 1.07. Section 2551.053(a), Insurance Code, is |
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amended to read as follows: |
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(a) A [Except as provided by Section 2552.053(b), a] title |
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insurance company must have a paid-up capital of at least $1 million |
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and a surplus of at least $1 million. |
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SECTION 1.08. Section 2602.003(2), Insurance Code, is |
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amended to read as follows: |
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(2) "Agent" includes: |
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(A) a title insurance agent, as defined by |
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Section 2501.003; and |
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(B) [a title attorney, as defined by Section
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2552.002; and
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[(C)] a direct operation or a title insurance |
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company's wholly owned subsidiary or affiliate that performs the |
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services usually and customarily performed by a title insurance |
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agent. |
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SECTION 1.09. Chapter 2552, Insurance Code, is repealed. |
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ARTICLE 2. EMERGENCY MANAGING GENERAL AGENT LICENSE |
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SECTION 2.01. Section 4053.052, Insurance Code, is |
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repealed. |
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ARTICLE 3. BINGO UNIT MANAGER LICENSE |
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SECTION 3.01. Section 2001.431(4), Occupations Code, is |
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amended to read as follows: |
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(4) "Unit manager" means an individual who is |
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[licensed under this subchapter to be] responsible for the |
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revenues, authorized expenses, and inventory of a unit. |
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SECTION 3.02. The heading to Section 2001.437, Occupations |
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Code, is amended to read as follows: |
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Sec. 2001.437. UNIT MANAGER[; LICENSE]. |
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SECTION 3.03. Section 2001.437(c), Occupations Code, is |
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amended to read as follows: |
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(c) [A person may not provide services as a unit manager to
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licensed authorized organizations that form a unit unless the
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person holds a unit manager license under this subchapter.] A |
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person designated as an agent under Section 2001.438(b) is not a |
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unit manager on account of that designation for purposes of this |
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section. |
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SECTION 3.04. Sections 2001.437(d), (e), (f), and (g), |
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Occupations Code, are repealed. |
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ARTICLE 4. TRANSITION AND EFFECTIVE DATE |
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SECTION 4.01. The changes in law made by this Act do not |
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affect the right of any individual licensed before the effective |
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date of this Act to engage in the applicable occupation for the |
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remainder of the term for which the license was issued. |
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SECTION 4.02. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |