H.B. No. 4358 AN ACT relating to rulemaking authority for administrative penalties assessed for violations of the Insurance Code. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 84, Insurance Code, is amended by adding Section 84.004 to read as follows: Sec. 84.004. RULEMAKING AUTHORITY. (a) The commissioner may adopt and enforce reasonable rules that the commissioner determines necessary to accomplish the purposes of this chapter. (b) The commissioner may establish by rule the amount of an administrative penalty to be imposed under Section 84.022 for a specific violation. (c) The existence or absence of a rule adopted under this chapter does not limit the commissioner's authority to take any action authorized by law. SECTION 2. 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, 2009. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 4358 was passed by the House on April 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 4358 was passed by the Senate on May 21, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor