By: Homer H.B. No. 173
A BILL TO BE ENTITLED
AN ACT
relating to the election of the commissioner of insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 31.022, Insurance Code,
is amended to read as follows:
Sec. 31.022. ELECTION [APPOINTMENT; TERM].
SECTION 2. Section 31.022(a), Insurance Code, is amended to
read as follows:
(a) The commissioner is elected by the qualified voters at
the general election for state and county officers for a term of
four years. [The governor, with the advice and consent of the
senate, shall appoint the commissioner. The commissioner serves a
two-year term that expires on February 1 of each odd-numbered
year.]
SECTION 3. Section 31.024, Insurance Code, is amended to
read as follows:
Sec. 31.024. INELIGIBILITY FOR PUBLIC OFFICE. The
commissioner is ineligible to be a candidate for another [a] public
elective office in this state, unless the commissioner has resigned
and the governor has accepted the resignation.
SECTION 4. Section 31.027(a), Insurance Code, is amended to
read as follows:
(a) It is a ground for removal from office if the
commissioner:
(1) [does not have at the time of appointment the
qualifications required by Section 31.023;
[(2) does not maintain during service as commissioner
the qualifications required by Section 31.023;
[(3)] violates a prohibition established by Section
33.001, 33.003, 33.004, or 33.005; or
(2) [(4)] cannot, because of illness or disability,
discharge the commissioner's duties for a substantial part of the
commissioner's term.
SECTION 5. Sections 33.004(a) and (b), Insurance Code, are
amended to read as follows:
(a) A person who is an officer, employee, or paid consultant
of a trade association in the field of insurance may not be[:
[(1) the commissioner; or
[(2)] an employee of the department who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(b) A person who is the spouse of an officer, manager, or
paid consultant of a trade association in the field of insurance may
not be[:
[(1) the commissioner; or
[(2)] an employee of the department who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
SECTION 6. Section 52.092(c), Election Code, is amended to
read as follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) commissioner of insurance;
(8) railroad commissioner;
(9) [(8)] chief justice, supreme court;
(10) [(9)] justice, supreme court;
(11) [(10)] presiding judge, court of criminal
appeals;
(12) [(11)] judge, court of criminal appeals.
SECTION 7. Section 504.401(d), Transportation Code, is
amended to read as follows:
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) a justice of the supreme court;
(5) a judge of the court of criminal appeals;
(6) the attorney general;
(7) the commissioner of the General Land Office;
(8) the comptroller;
(9) a member of the Railroad Commission of Texas;
(10) the commissioner of agriculture;
(11) the commissioner of insurance;
(12) the secretary of state; or
(13) [(12)] a member of the State Board of Education.
SECTION 8. Sections 31.022(b), 31.023, 31.027, and 33.002,
Insurance Code, are repealed.
SECTION 9. (a) The first general election for commissioner
of insurance shall be held November 4, 2008, for a two-year term
beginning on January 1, 2009. Thereafter, the commissioner of
insurance shall be elected to serve a four-year term.
(b) Until the first commissioner of insurance elected under
this Act takes office, the commissioner serving on the effective
date of this Act shall, unless otherwise removed as provided by law,
continue in office under the prior law that governed the office, and
that prior law is continued in effect for that purpose. If on
January 1, 2009, there is a vacancy in the office of commissioner of
insurance created under this Act because the first
commissioner-elect has died or refuses or is permanently unable to
serve, the commissioner serving on that date shall, unless
otherwise removed as provided by law, continue in office under the
prior law that governed the office until the governor fills the
vacancy by appointment in the manner provided by law. The prior law
that governed the office of the commissioner of insurance is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2009.