Texas 2009 - 81st Regular

Texas Senate Bill SB1001 Compare Versions

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1	1	81R3188 TJS-D
2	2	By: Deuell S.B. No. 1001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and operation of the office of public
8	8	insurance counsel.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 501.003, Insurance Code, is amended to
11	11	read as follows:
12	12	Sec. 501.003. SUNSET PROVISION. The office is subject to
13	13	Chapter 325, Government Code (Texas Sunset Act). Unless continued
14	14	in existence as provided by that chapter, the office is abolished
15	15	September 1, 2021 [2009].
16	16	SECTION 2. Section 501.054, Insurance Code, is amended to
17	17	read as follows:
18	18	Sec. 501.054. LOBBYING ACTIVITIES. A person may not serve
19	19	as public counsel or act as general counsel to the office if the
20	20	person is required to register as a lobbyist under Chapter 305,
21	21	Government Code, because of the person's activities for
22	22	compensation on behalf of a profession related to the operation of
23	23	the department or the office.
24	24	SECTION 3. Section 501.102, Insurance Code, is amended to
25	25	read as follows:
26	26	Sec. 501.102. TRADE ASSOCIATIONS. (a) In this section,
27	27	"Texas trade association" means a [nonprofit,] cooperative, [and]
28	28	voluntarily joined statewide association of business or
29	29	professional competitors in this state designed to assist its
30	30	members and its industry or profession in dealing with mutual
31	31	business or professional problems and in promoting their common
32	32	interest.
33	33	(b) A person may not serve as public counsel and may not [or]
34	34	be an office employee employed in a "bona fide executive,
35	35	administrative, or professional capacity," as that phrase is used
36	36	for purposes of establishing an exemption to the overtime
37	37	provisions of the federal Fair Labor Standards Act of 1938 (29
38	38	U.S.C. Section 201 et seq.), if [of the office who is exempt from
39	39	the state's position classification plan or is compensated at or
40	40	above the amount prescribed by the General Appropriations Act for
41	41	step 1, salary group A17, of the position classification salary
42	42	schedule if the person is]:
43	43	(1) the person is an officer, employee, or paid
44	44	consultant of a Texas trade association in the field of insurance;
45	45	or
46	46	(2) the person's spouse is [of] an officer, manager, or
47	47	paid consultant of a Texas trade association in the field of
48	48	insurance.
49	49	SECTION 4. Subchapter A, Chapter 501, Insurance Code, is
50	50	amended by adding Section 501.006 to read as follows:
51	51	Sec. 501.006. TECHNOLOGY POLICY. The office shall
52	52	implement a policy requiring the office to use appropriate
53	53	technological solutions to improve the office's ability to perform
54	54	its functions. The policy must ensure that the public is able to
55	55	interact with the office on the Internet.
56	56	SECTION 5. Subchapter D, Chapter 501, Insurance Code, is
57	57	amended by adding Section 501.160 to read as follows:
58	58	Sec. 501.160. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
59	59	(a) The office shall develop and implement a policy to encourage
60	60	the use of appropriate alternative dispute resolution procedures
61	61	under Chapter 2009, Government Code, to assist in the resolution of
62	62	internal and external disputes under the office's jurisdiction.
63	63	(b) The office's procedures relating to alternative dispute
64	64	resolution must conform, to the extent possible, to model
65	65	guidelines issued by the State Office of Administrative Hearings
66	66	for the use of alternative dispute resolution procedures by state
67	67	agencies.
68	68	(c) The office shall designate a trained person to:
69	69	(1) coordinate the implementation of the policy
70	70	adopted under Subsection (a);
71	71	(2) serve as a resource for training needed to
72	72	implement the alternative dispute resolution procedures; and
73	73	(3) collect data concerning the effectiveness of those
74	74	procedures as implemented by the office.
75	75	SECTION 6. Section 501.102, Insurance Code, as amended by
76	76	this Act, applies only to an appointment of public counsel that
77	77	occurs on or after the effective date of this Act. The change in the
78	78	qualifications for eligibility to serve as public counsel does not
79	79	affect the eligibility of a person serving as public counsel before
80	80	the effective date of this Act.
81	81	SECTION 7. This Act takes effect September 1, 2009.