By: Carona S.B. No. 569
(Morrison)
A BILL TO BE ENTITLED
AN ACT
relating to the examination requirements for an insurance adjuster
license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4101.056, Insurance Code, is amended to
read as follows:
Sec. 4101.056. EXEMPTION FROM EXAMINATION REQUIREMENT.
(a) An applicant for a license under this chapter is not required
to pass an examination under Section 4101.054 to receive the
license if the applicant:
(1) had been principally engaged in the investigation,
adjustment, or supervision of losses on August 27, 1973, and during
the 90-day period preceding that date;
(2) is applying for a renewal license under this
chapter;
(3) is licensed as an adjuster in another state with
which a reciprocal agreement has been entered into by the
commissioner; or
(4) has completed a course in adjusting losses as
prescribed and approved by the commissioner and it is certified, by
a form signed by a person described by Subsection (b)(2), to the
commissioner on completion of the course that the applicant has:
(A) completed the course; and
(B) passed an examination, in a manner described
by Subsection (b)(2), testing the applicant's knowledge and
qualification, as prescribed by the commissioner.
(b) An applicant wishing to claim an exemption under
Subsection (a)(4) must:
(1) schedule the required examination; and
(2) take the required examination in a testing
environment that is controlled, supervised, and proctored by a
disinterested third party approved by the commissioner to
administer the examination [is responsible for the scheduling and
administration of the examination required under that subsection].
(c) In this section, "disinterested third party" means an
individual who:
(1) is not related to an applicant by consanguinity or
affinity as a first cousin or within the third degree by
consanguinity or affinity as described by Subchapter B, Chapter
573, Government Code; and
(2) is not an employee or a subordinate of the
applicant.
SECTION 2. The change in law made by this Act applies to a
license application submitted on or after the effective date of
this Act. A license application submitted before the effective
date of this Act is governed by the law applicable to the
application immediately before that date, and that law is continued
in effect for that purpose.
SECTION 3. 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, 2013.