Texas 2009 - 81st Regular

Texas House Bill HB984 Compare Versions

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

Old	New	Differences
1	1	81R5150 AJA-D
2	2	By: Veasey H.B. No. 984
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the election and qualifications of the commissioner of
8	8	insurance.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.022, Insurance Code, is amended to
11	11	read as follows:
12	12	Sec. 31.022. ELECTION [APPOINTMENT; TERM]. The
13	13	commissioner is elected by the qualified voters at the general
14	14	election for state and county officers for a term of four years.
15	15	[(a) The governor, with the advice and consent of the senate,
16	16	shall appoint the commissioner. The commissioner serves a two-year
17	17	term that expires on February 1 of each odd-numbered year.
18	18	[(b) The governor shall appoint the commissioner without
19	19	regard to the race, color, disability, sex, religion, age, or
20	20	national origin of the appointee.]
21	21	SECTION 2. Section 31.023, Insurance Code, is amended to
22	22	read as follows:
23	23	Sec. 31.023. QUALIFICATIONS. The commissioner must:
24	24	(1) be at least 30 years of age [a competent and
25	25	experienced administrator];
26	26	(2) be a United States citizen [well informed and
27	27	qualified in the field of insurance and insurance regulation]; and
28	28	(3) have resided in this state for at least five years
29	29	immediately preceding the date of the commissioner's election [of
30	30	experience in the administration of business or government or as a
31	31	practicing attorney or certified public accountant].
32	32	SECTION 3. Sections 33.002(a) and (b), Insurance Code, are
33	33	amended to read as follows:
34	34	(a) A person is not eligible to serve [for appointment] as
35	35	commissioner if the person, the person's spouse, or any other
36	36	person who resides in the same household as the person:
37	37	(1) is registered, certified, or licensed by the
38	38	department;
39	39	(2) is employed by or participates in the management
40	40	of a business entity or other organization regulated by or
41	41	receiving funds from the department;
42	42	(3) owns or controls, directly or indirectly, more
43	43	than a 10 percent interest in a business entity or other
44	44	organization regulated by or receiving funds from the department;
45	45	or
46	46	(4) uses or receives a substantial amount of tangible
47	47	goods, services, or funds from the department, other than
48	48	compensation or reimbursement authorized by law.
49	49	(b) A person is not eligible to serve [for appointment] as
50	50	commissioner if the person:
51	51	(1) is a stockholder, director, officer, attorney,
52	52	agent, or employee of an insurance company, insurance agent,
53	53	insurance broker, or insurance adjuster; or
54	54	(2) is directly or indirectly interested in a business
55	55	described by Subdivision (1).
56	56	SECTION 4. Section 52.092(c), Election Code, is amended to
57	57	read as follows:
58	58	(c) Statewide offices of the state government shall be
59	59	listed in the following order:
60	60	(1) governor;
61	61	(2) lieutenant governor;
62	62	(3) attorney general;
63	63	(4) comptroller of public accounts;
64	64	(5) commissioner of the General Land Office;
65	65	(6) commissioner of agriculture;
66	66	(7) commissioner of insurance;
67	67	(8) railroad commissioner;
68	68	(9) [(8)] chief justice, supreme court;
69	69	(10) [(9)] justice, supreme court;
70	70	(11) [(10)] presiding judge, court of criminal
71	71	appeals;
72	72	(12) [(11)] judge, court of criminal appeals.
73	73	SECTION 5. Section 504.401(d), Transportation Code, is
74	74	amended to read as follows:
75	75	(d) In this section, "state official" means:
76	76	(1) a member of the legislature;
77	77	(2) the governor;
78	78	(3) the lieutenant governor;
79	79	(4) a justice of the supreme court;
80	80	(5) a judge of the court of criminal appeals;
81	81	(6) the attorney general;
82	82	(7) the commissioner of the General Land Office;
83	83	(8) the comptroller;
84	84	(9) a member of the Railroad Commission of Texas;
85	85	(10) the commissioner of agriculture;
86	86	(11) the commissioner of insurance;
87	87	(12) the secretary of state; or
88	88	(13) [(12)] a member of the State Board of Education.
89	89	SECTION 6. Sections 31.024 and 31.027, Insurance Code, are
90	90	repealed.
91	91	SECTION 7. (a) The first general election for commissioner
92	92	of insurance shall be held November 2, 2010, for a four-year term
93	93	beginning on January 1, 2011.
94	94	(b) Until the first commissioner of insurance elected under
95	95	this Act takes office, the commissioner serving on the effective
96	96	date of this Act shall, unless otherwise removed as provided by law,
97	97	continue in office under the prior law that governed the office, and
98	98	that prior law is continued in effect for that purpose. If on
99	99	January 1, 2011, there is a vacancy in the office of commissioner of
100	100	insurance created under this Act because the first
101	101	commissioner-elect has died or refuses or is permanently unable to
102	102	serve, the commissioner serving on that date shall, unless
103	103	otherwise removed as provided by law, continue in office under the
104	104	prior law that governed the office until the governor fills the
105	105	vacancy by appointment in the manner provided by law. The prior law
106	106	that governed the office of the commissioner of insurance is
107	107	continued in effect for that purpose.
108	108	SECTION 8. (a) Except as provided by Subsection (b) of this
109	109	section, this Act takes effect January 1, 2011.
110	110	(b) Sections 1 and 7 of this Act take effect September 1,
111	111	2009.