Texas 2015 - 84th Regular

Texas Senate Bill SB844 Compare Versions

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1	1	By: Taylor of Collin, et al. S.B. No. 844
2	2	(Meyer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expiration of licenses for insurance agents and
8	8	adjusters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 4001.006(a) and (b), Insurance Code,
11	11	are amended to read as follows:
12	12	(a) The department shall collect from each agent of an
13	13	insurer writing insurance in this state under this code:
14	14	(1) a nonrefundable license application fee; and
15	15	(2) a nonrefundable appointment fee for each
16	16	appointment of the agent by an insurer.
17	17	(b) The department shall deposit the fees described by
18	18	Subsection (a), together with other license application fees,
19	19	examination fees, and license renewal application fees, to the
20	20	credit of the Texas Department of Insurance operating account.
21	21	SECTION 2. Section 4003.001, Insurance Code, is amended by
22	22	amending Subsection (a) and adding Subsections (c) and (d) to read
23	23	as follows:
24	24	(a) Unless a staggered renewal system is adopted under
25	25	Section 4003.002, each [agent] license issued or renewed by the
26	26	department under Chapter 981 or Subtitles A, B, or C and not
27	27	suspended or revoked by the commissioner expires on:
28	28	(1) the second anniversary of the date the license is
29	29	issued to or renewed by a person that is not an individual; or
30	30	(2) except as provided in Subsection (c):
31	31	(A) for a license issued or renewed in an
32	32	even-numbered year, the individual license holder's birthday each
33	33	even-numbered year; or
34	34	(B) for a license issued or renewed in an
35	35	odd-numbered year, the individual license holder's birthday each
36	36	odd-numbered year.
37	37	(c) If a person holds more than one license, all licenses
38	38	issued to the person expire on the earliest expiration date of the
39	39	licenses held. Thereafter, all licenses expire in accordance with
40	40	Subsection (a).
41	41	(d) Notwithstanding Section 4003.002(b), the commissioner
42	42	may not prorate the initial application fee for a license based on
43	43	the expiration period of the license under Subsection (c).
44	44	SECTION 3. Section 4003.008(b), Insurance Code, is amended
45	45	to read as follows:
46	46	(b) The person must pay to the department a fee equal to the
47	47	license application fee.
48	48	SECTION 4. Sections 4101.057(a), (b), and (d), Insurance
49	49	Code, are amended to read as follows:
50	50	(a) Before issuing or renewing a license under this chapter,
51	51	the department shall set and collect a nonrefundable license
52	52	application fee in an amount not to exceed $50.
53	53	(b) An applicant for a renewal license must remit the fee
54	54	required by Subsection (a) before the expiration of the [biennially
55	55	after the issuance of the original] license being renewed. If the
56	56	applicant's license has been expired for not more than 90 days, an
57	57	applicant for a renewal license must remit, in addition to the fee
58	58	assessed under Subsection (a), a fee equal to one-half of the
59	59	original application [license] fee.
60	60	(d) Before issuing a duplicate license requested by an
61	61	adjuster, the department shall set and collect a duplicate license
62	62	application fee.
63	63	SECTION 5. Section 4101.061, Insurance Code, is amended to
64	64	read as follows:
65	65	Sec. 4101.061. EXPIRATION; RENEWAL. Expiration and renewal
66	66	of a license issued under this chapter are governed by Chapter 4003,
67	67	rules adopted by the commissioner, and [or] any applicable
68	68	provision of this code or another insurance law of this state.
69	69	SECTION 6. Section 4102.062, Insurance Code, is amended to
70	70	read as follows:
71	71	Sec. 4102.062. EXPIRATION. A license issued under this
72	72	chapter expires as provided by Chapter 4003 [on the second
73	73	anniversary of the date of issuance] unless suspended or revoked by
74	74	the commissioner.
75	75	SECTION 7. Section 4102.064, Insurance Code, is amended to
76	76	read as follows:
77	77	Sec. 4102.064. RENEWAL OF UNEXPIRED LICENSE. (a) A
78	78	license holder may renew a license that has not expired and has not
79	79	been suspended or revoked by filing with the department a properly
80	80	completed renewal application, in the form prescribed by the
81	81	commissioner, that demonstrates continued compliance with the
82	82	license requirements imposed under this chapter or adopted by rule
83	83	by the commissioner. The completed renewal application must be
84	84	accompanied by:
85	85	(1) a renewal application fee in the amount determined
86	86	by the commissioner under Section 4102.066(b); and
87	87	(2) evidence of compliance with the continuing
88	88	education requirements imposed under Section 4102.109.
89	89	(b) A license holder must submit the completed renewal
90	90	application, evidence of compliance with the continuing education
91	91	requirements, and the renewal application fee to the commissioner
92	92	not later than the 30th day before the second anniversary date of
93	93	the license.
94	94	(c) On the filing of a completed renewal application,
95	95	renewal application fee, and, if applicable, evidence of compliance
96	96	with the continuing education requirements, the original license
97	97	continues in force until:
98	98	(1) the department issues the renewal license; or
99	99	(2) the commissioner issues an order revoking the
100	100	license.
101	101	SECTION 8. Sections 4102.065(a), (b), and (d), Insurance
102	102	Code, are amended to read as follows:
103	103	(a) A person whose license has been expired for 90 days or
104	104	less may renew the license by:
105	105	(1) submitting to the department:
106	106	(A) a completed renewal application in the form
107	107	prescribed by the commissioner; and
108	108	(B) evidence of compliance with the continuing
109	109	education requirements; and
110	110	(2) paying to the department the required renewal
111	111	application fee and an additional fee that is equal to one-half of
112	112	the renewal application fee for the license.
113	113	(b) A person whose license has been expired for more than 90
114	114	days but less than one year may not renew the license but is
115	115	entitled to a new license without taking the applicable examination
116	116	if the person submits to the department:
117	117	(1) a new application;
118	118	(2) evidence of compliance with the continuing
119	119	education requirements;
120	120	(3) the license application fee; and
121	121	(4) an additional fee equal to one-half of the license
122	122	application fee.
123	123	(d) The department may renew without reexamination an
124	124	expired license of a person who was licensed in this state, moved to
125	125	another state, and is currently licensed and has been in continual
126	126	practice in the other state up to and including the date of the
127	127	application. The person must pay to the department a fee that is
128	128	equal to the license application fee.
129	129	SECTION 9. (a) The change in law made by this Act applies
130	130	only to a license issued or renewed on or after January 1, 2016. A
131	131	license issued or renewed before January 1, 2016, is governed by the
132	132	law as it existed immediately before the effective date of this Act,
133	133	and that law is continued in effect for that purpose.
134	134	(b) On January 1, 2016, each license held on that date under
135	135	Chapter 981, Insurance Code, and Subtitles A, B, and C, Title 13,
136	136	Insurance Code, expires as follows:
137	137	(1) each license issued to a person that is not an
138	138	individual expires on the expiration date of the license with the
139	139	longest remaining term held by that person on January 1, 2016;
140	140	(2) each license issued to an individual expires, or
141	141	may be extended to expire, on the individual's birthday in the year
142	142	after the expiration date of the license with the longest remaining
143	143	term held by that person on January 1, 2016; and
144	144	(3) after a license expires as described by
145	145	Subdivision (1) or (2) of this subsection, the license renews and
146	146	expires as provided by Section 4003.001, Insurance Code, as amended
147	147	by this Act.
148	148	(c) To the extent that the term of an existing license is
149	149	extended under this section, the Texas Department of Insurance may
150	150	not charge an additional fee or require a renewal application
151	151	before the renewal date established under this section.
152	152	(d) Except as provided by Subsection (e) of this section,
153	153	the change in law made by this Act does not change the continuing
154	154	education requirement for a license issued or renewed on or after
155	155	the effective date of this Act. The continuing education
156	156	requirement for a license issued or renewed before the effective
157	157	date of this Act is governed by the law as it existed immediately
158	158	before the effective date of this Act, and that law is continued in
159	159	effect for that purpose.
160	160	(e) A licensee may not be required to complete additional
161	161	continuing education hours for a license during any period the
162	162	license was extended under this section beyond its original
163	163	expiration date.
164	164	SECTION 10. This Act takes effect January 1, 2016.