By: Deuell S.B. No. 1001
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and operation of the office of public
insurance counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.003, Insurance Code, is amended to
read as follows:
Sec. 501.003. SUNSET PROVISION. The office is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the office is abolished
September 1, 2021 [2009].
SECTION 2. Section 501.054, Insurance Code, is amended to
read as follows:
Sec. 501.054. LOBBYING ACTIVITIES. A person may not serve
as public counsel or act as general counsel to the office if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the department or the office.
SECTION 3. Section 501.102, Insurance Code, is amended to
read as follows:
Sec. 501.102. TRADE ASSOCIATIONS. (a) In this section,
"Texas trade association" means a [nonprofit,] cooperative, [and]
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not serve as public counsel and may not [or]
be an office employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if [of the office 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 if the person is]:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of insurance;
or
(2) the person's spouse is [of] an officer, manager, or
paid consultant of a Texas trade association in the field of
insurance.
SECTION 4. Subchapter A, Chapter 501, Insurance Code, is
amended by adding Section 501.006 to read as follows:
Sec. 501.006. TECHNOLOGY POLICY. The office shall
implement a policy requiring the office to use appropriate
technological solutions to improve the office's ability to perform
its functions. The policy must ensure that the public is able to
interact with the office on the Internet.
SECTION 5. Subchapter D, Chapter 501, Insurance Code, is
amended by adding Section 501.160 to read as follows:
Sec. 501.160. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The office shall develop and implement a policy to encourage
the use of appropriate alternative dispute resolution procedures
under Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the office's jurisdiction.
(b) The office's procedures relating to alternative dispute
resolution must conform, to the extent possible, to model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution procedures by state
agencies.
(c) The office shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for training needed to
implement the alternative dispute resolution procedures; and
(3) collect data concerning the effectiveness of those
procedures as implemented by the office.
SECTION 6. Section 501.102, Insurance Code, as amended by
this Act, applies only to an appointment of public counsel that
occurs on or after the effective date of this Act. The change in the
qualifications for eligibility to serve as public counsel does not
affect the eligibility of a person serving as public counsel before
the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2009.