Texas 2009 - 81st Regular

Texas House Bill HB173 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Homer H.B. No. 173
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the election of the commissioner of insurance.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 31.022, Insurance Code,
9	9	is amended to read as follows:
10	10	Sec. 31.022. ELECTION [APPOINTMENT; TERM].
11	11	SECTION 2. Section 31.022(a), Insurance Code, is amended to
12	12	read as follows:
13	13	(a) The commissioner is elected by the qualified voters at
14	14	the general election for state and county officers for a term of
15	15	four years. [The governor, with the advice and consent of the
16	16	senate, shall appoint the commissioner. The commissioner serves a
17	17	two-year term that expires on February 1 of each odd-numbered
18	18	year.]
19	19	SECTION 3. Section 31.024, Insurance Code, is amended to
20	20	read as follows:
21	21	Sec. 31.024. INELIGIBILITY FOR PUBLIC OFFICE. The
22	22	commissioner is ineligible to be a candidate for another [a] public
23	23	elective office in this state, unless the commissioner has resigned
24	24	and the governor has accepted the resignation.
25	25	SECTION 4. Section 31.027(a), Insurance Code, is amended to
26	26	read as follows:
27	27	(a) It is a ground for removal from office if the
28	28	commissioner:
29	29	(1) [does not have at the time of appointment the
30	30	qualifications required by Section 31.023;
31	31	[(2) does not maintain during service as commissioner
32	32	the qualifications required by Section 31.023;
33	33	[(3)] violates a prohibition established by Section
34	34	33.001, 33.003, 33.004, or 33.005; or
35	35	(2) [(4)] cannot, because of illness or disability,
36	36	discharge the commissioner's duties for a substantial part of the
37	37	commissioner's term.
38	38	SECTION 5. Sections 33.004(a) and (b), Insurance Code, are
39	39	amended to read as follows:
40	40	(a) A person who is an officer, employee, or paid consultant
41	41	of a trade association in the field of insurance may not be[:
42	42	[(1) the commissioner; or
43	43	[(2)] an employee of the department who is exempt from
44	44	the state's position classification plan or is compensated at or
45	45	above the amount prescribed by the General Appropriations Act for
46	46	step 1, salary group A17, of the position classification salary
47	47	schedule.
48	48	(b) A person who is the spouse of an officer, manager, or
49	49	paid consultant of a trade association in the field of insurance may
50	50	not be[:
51	51	[(1) the commissioner; or
52	52	[(2)] an employee of the department who is exempt from
53	53	the state's position classification plan or is compensated at or
54	54	above the amount prescribed by the General Appropriations Act for
55	55	step 1, salary group A17, of the position classification salary
56	56	schedule.
57	57	SECTION 6. Section 52.092(c), Election Code, is amended to
58	58	read as follows:
59	59	(c) Statewide offices of the state government shall be
60	60	listed in the following order:
61	61	(1) governor;
62	62	(2) lieutenant governor;
63	63	(3) attorney general;
64	64	(4) comptroller of public accounts;
65	65	(5) commissioner of the General Land Office;
66	66	(6) commissioner of agriculture;
67	67	(7) commissioner of insurance;
68	68	(8) railroad commissioner;
69	69	(9) [(8)] chief justice, supreme court;
70	70	(10) [(9)] justice, supreme court;
71	71	(11) [(10)] presiding judge, court of criminal
72	72	appeals;
73	73	(12) [(11)] judge, court of criminal appeals.
74	74	SECTION 7. Section 504.401(d), Transportation Code, is
75	75	amended to read as follows:
76	76	(d) In this section, "state official" means:
77	77	(1) a member of the legislature;
78	78	(2) the governor;
79	79	(3) the lieutenant governor;
80	80	(4) a justice of the supreme court;
81	81	(5) a judge of the court of criminal appeals;
82	82	(6) the attorney general;
83	83	(7) the commissioner of the General Land Office;
84	84	(8) the comptroller;
85	85	(9) a member of the Railroad Commission of Texas;
86	86	(10) the commissioner of agriculture;
87	87	(11) the commissioner of insurance;
88	88	(12) the secretary of state; or
89	89	(13) [(12)] a member of the State Board of Education.
90	90	SECTION 8. Sections 31.022(b), 31.023, 31.027, and 33.002,
91	91	Insurance Code, are repealed.
92	92	SECTION 9. (a) The first general election for commissioner
93	93	of insurance shall be held November 4, 2008, for a two-year term
94	94	beginning on January 1, 2009. Thereafter, the commissioner of
95	95	insurance shall be elected to serve a four-year term.
96	96	(b) Until the first commissioner of insurance elected under
97	97	this Act takes office, the commissioner serving on the effective
98	98	date of this Act shall, unless otherwise removed as provided by law,
99	99	continue in office under the prior law that governed the office, and
100	100	that prior law is continued in effect for that purpose. If on
101	101	January 1, 2009, there is a vacancy in the office of commissioner of
102	102	insurance created under this Act because the first
103	103	commissioner-elect has died or refuses or is permanently unable to
104	104	serve, the commissioner serving on that date shall, unless
105	105	otherwise removed as provided by law, continue in office under the
106	106	prior law that governed the office until the governor fills the
107	107	vacancy by appointment in the manner provided by law. The prior law
108	108	that governed the office of the commissioner of insurance is
109	109	continued in effect for that purpose.
110	110	SECTION 10. This Act takes effect September 1, 2009.