4 | 12 | | AN ACT |
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5 | 13 | | relating to the licensing and regulation of insurance |
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6 | 14 | | professionals. |
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7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 16 | | SECTION 1. Section 443.156(a), Insurance Code, is amended |
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9 | 17 | | to read as follows: |
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10 | 18 | | (a) Every person who represented the insurer as an agent and |
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11 | 19 | | receives notice in the form prescribed in Section 443.155 that the |
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12 | 20 | | insurer is the subject of a liquidation order, not later than the |
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13 | 21 | | 30th day after the date of the notice, shall provide to the |
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14 | 22 | | liquidator, in addition to the information the agent may be |
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15 | 23 | | required to provide pursuant to Section 443.010, the information in |
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16 | 24 | | the agent's records related to any policy issued by the insurer |
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17 | 25 | | through the agent and any policy issued by the insurer through an |
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18 | 26 | | agent under contract to the agent[, including the name and address |
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19 | 27 | | of any subagent]. For purposes of this subsection, a policy is |
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20 | 28 | | issued through an agent if the agent has a property interest in the |
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21 | 29 | | expiration of the policy or if the agent has had in the agent's |
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22 | 30 | | possession a copy of the declarations of the policy at any time |
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23 | 31 | | during the life of the policy, except where the ownership of the |
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24 | 32 | | expiration of the policy has been transferred to another. |
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25 | 33 | | SECTION 2. Section 521.151, Insurance Code, is amended to |
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26 | 34 | | read as follows: |
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27 | 35 | | Sec. 521.151. APPLICABILITY OF SUBCHAPTER. This subchapter |
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28 | 36 | | applies to any legal entity engaged in the business of insurance in |
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29 | 37 | | this state, including: |
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30 | 38 | | (1) a capital stock insurance company; |
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31 | 39 | | (2) a mutual insurance company; |
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32 | 40 | | (3) a title insurance company; |
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33 | 41 | | (4) a fraternal benefit society; |
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34 | 42 | | (5) a local mutual aid association; |
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35 | 43 | | (6) a statewide mutual assessment company; |
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36 | 44 | | (7) a county mutual insurance company; |
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37 | 45 | | (8) a Lloyd's plan; |
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38 | 46 | | (9) a reciprocal or interinsurance exchange; |
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39 | 47 | | (10) a stipulated premium company; |
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40 | 48 | | (11) a group hospital service corporation; |
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41 | 49 | | (12) a farm mutual insurance company; |
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42 | 50 | | (13) a risk retention group; |
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43 | 51 | | (14) an eligible surplus lines insurer; and |
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44 | 52 | | (15) an agent, broker, or adjuster[, or life and |
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45 | 53 | | health insurance counselor]. |
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46 | 54 | | SECTION 3. Section 541.002(2), Insurance Code, is amended |
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47 | 55 | | to read as follows: |
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48 | 56 | | (2) "Person" means an individual, corporation, |
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49 | 57 | | association, partnership, reciprocal or interinsurance exchange, |
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50 | 58 | | Lloyd's plan, fraternal benefit society, or other legal entity |
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51 | 59 | | engaged in the business of insurance, including an agent, broker, |
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52 | 60 | | or adjuster[, or life and health insurance counselor]. |
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53 | 61 | | SECTION 4. Section 544.001, Insurance Code, is amended to |
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54 | 62 | | read as follows: |
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55 | 63 | | Sec. 544.001. APPLICABILITY OF SUBCHAPTER. This subchapter |
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56 | 64 | | applies to: |
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57 | 65 | | (1) any legal entity engaged in the business of |
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58 | 66 | | insurance in this state, including: |
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59 | 67 | | (A) a capital stock insurance company; |
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60 | 68 | | (B) a mutual insurance company; |
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61 | 69 | | (C) a title insurance company; |
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62 | 70 | | (D) a fraternal benefit society; |
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63 | 71 | | (E) a local mutual aid association; |
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64 | 72 | | (F) a statewide mutual assessment company; |
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65 | 73 | | (G) a county mutual insurance company; |
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66 | 74 | | (H) a Lloyd's plan; |
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67 | 75 | | (I) a reciprocal or interinsurance exchange; |
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68 | 76 | | (J) a stipulated premium company; |
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69 | 77 | | (K) a group hospital service corporation; |
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70 | 78 | | (L) a farm mutual insurance company; |
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71 | 79 | | (M) a risk retention group; |
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72 | 80 | | (N) an eligible surplus lines insurer; and |
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73 | 81 | | (O) an agent, broker, or adjuster[, or life and |
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74 | 82 | | health insurance counselor]; and |
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75 | 83 | | (2) a health maintenance organization. |
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76 | 84 | | SECTION 5. Section 544.051, Insurance Code, is amended to |
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77 | 85 | | read as follows: |
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78 | 86 | | Sec. 544.051. APPLICABILITY OF SUBCHAPTER. This subchapter |
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79 | 87 | | applies to any individual, corporation, association, partnership, |
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80 | 88 | | or other legal entity engaged in the business of insurance, |
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81 | 89 | | including: |
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82 | 90 | | (1) a fraternal benefit society; |
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83 | 91 | | (2) a county mutual insurance company; |
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84 | 92 | | (3) a Lloyd's plan; |
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85 | 93 | | (4) a reciprocal or interinsurance exchange; |
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86 | 94 | | (5) a farm mutual insurance company; and |
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87 | 95 | | (6) an agent, broker, or adjuster[, or life and health |
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88 | 96 | | insurance counselor]. |
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89 | 97 | | SECTION 6. Section 1131.056(a), Insurance Code, is amended |
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90 | 98 | | to read as follows: |
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91 | 99 | | (a) In this section, "agent" includes a general agent[, |
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92 | 100 | | subagent,] or a salesperson. |
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93 | 101 | | SECTION 7. Section 4001.002(b), Insurance Code, is amended |
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94 | 102 | | to read as follows: |
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95 | 103 | | (b) This title does not apply to: |
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96 | 104 | | (1) a resident of this state who arbitrates in the |
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97 | 105 | | adjustment of losses between an insurer and an insured, a marine |
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98 | 106 | | adjuster who adjusts particular or general average losses of |
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99 | 107 | | vessels or cargoes if the adjuster paid an occupation tax of $200 |
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100 | 108 | | for the year in which the adjustment is made, or a practicing |
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101 | 109 | | attorney at law in this state, acting in the regular transaction of |
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102 | 110 | | the person's business as an attorney at law, who is not a local |
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103 | 111 | | agent and is not acting as an adjuster for an insurer; |
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104 | 112 | | (2) [a full-time home office salaried employee of an |
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105 | 113 | | insurer authorized to engage in the business of insurance in this |
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106 | 114 | | state, other than an employee who solicits or receives an |
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107 | 115 | | application for the sale of insurance through an oral, written, or |
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108 | 116 | | electronic communication in accordance with Subchapter G, Chapter |
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109 | 117 | | 4051; |
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110 | 118 | | [(3)] an attorney in fact or the traveling salaried |
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111 | 119 | | representative of a reciprocal or interinsurance exchange admitted |
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112 | 120 | | to engage in the business of insurance in this state as to business |
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113 | 121 | | transacted through the attorney in fact or salaried representative; |
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114 | 122 | | (3) [(4)] the attorney in fact for a Lloyd's plan; |
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115 | 123 | | (4) [(5)] the group motor vehicle insurance business |
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116 | 124 | | or the group motor vehicle department of a company engaged in that |
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117 | 125 | | business; or |
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118 | 126 | | (5) [(6)] a salaried employee who is not involved in |
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119 | 127 | | soliciting or negotiating insurance in the office of an agent and |
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120 | 128 | | who devotes the employee's full time to clerical and administrative |
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121 | 129 | | services, including the incidental taking of information from |
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122 | 130 | | customers and receipt of premiums in the office of an agent, if: |
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123 | 131 | | (A) the employee does not receive any |
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124 | 132 | | commissions; and |
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125 | 133 | | (B) the employee's compensation is not varied by |
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126 | 134 | | the volume of premiums taken and received. |
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127 | 135 | | SECTION 8. Section 4001.003(1), Insurance Code, is amended |
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128 | 136 | | to read as follows: |
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129 | 137 | | (1) "Agent" means a person who is an authorized agent |
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130 | 138 | | of an insurer or health maintenance organization [, a subagent,] |
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131 | 139 | | and any other person who performs the acts of an agent, whether |
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132 | 140 | | through an oral, written, electronic, or other form of |
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133 | 141 | | communication, by soliciting, negotiating, procuring, or |
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134 | 142 | | collecting a premium on an insurance or annuity contract, or who |
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135 | 143 | | represents or purports to represent a health maintenance |
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136 | 144 | | organization, including a health maintenance organization offering |
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137 | 145 | | only a single health care service plan, in soliciting, negotiating, |
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138 | 146 | | procuring, or effectuating membership in the health maintenance |
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139 | 147 | | organization. The term does not include: |
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140 | 148 | | (A) a regular salaried officer or employee of an |
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141 | 149 | | insurer, health maintenance organization, or agent who: |
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142 | 150 | | (i) devotes substantially all of the |
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143 | 151 | | officer's or employee's time to activities other than the |
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144 | 152 | | solicitation of applications for insurance, annuity contracts, or |
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145 | 153 | | memberships; |
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146 | 154 | | (ii) does not receive a commission or other |
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147 | 155 | | compensation directly dependent on the business obtained; and |
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148 | 156 | | (iii) does not solicit or accept from the |
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149 | 157 | | public applications for insurance, annuity contracts, or |
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150 | 158 | | memberships; |
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151 | 159 | | (B) an employer or an employer's officer or |
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152 | 160 | | employee or a trustee of an employee benefit plan, to the extent |
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153 | 161 | | that the employer, officer, employee, or trustee is engaged in the |
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154 | 162 | | administration or operation of an employee benefits program |
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155 | 163 | | involving the use of insurance or annuities issued by an insurer or |
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156 | 164 | | memberships issued by a health maintenance organization, if the |
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157 | 165 | | employer, officer, employee, or trustee is not directly or |
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158 | 166 | | indirectly compensated by the insurer or health maintenance |
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159 | 167 | | organization issuing the insurance or annuity contracts or |
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160 | 168 | | memberships; |
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161 | 169 | | (C) except as otherwise provided by this code, a |
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162 | 170 | | depository institution, or an officer or employee of a depository |
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163 | 171 | | institution, to the extent that the depository institution or |
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164 | 172 | | officer or employee collects and remits premiums or charges by |
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165 | 173 | | charging those premiums or charges against accounts of depositors |
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166 | 174 | | on the orders of those depositors; or |
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167 | 175 | | (D) a person or the employee of a person who has |
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168 | 176 | | contracted to provide administrative, management, or health care |
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169 | 177 | | services to a health maintenance organization and who is |
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170 | 178 | | compensated for those services by the payment of an amount computed |
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171 | 179 | | as a percentage of the revenues, net income, or profit of the health |
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172 | 180 | | maintenance organization, if that method of compensation is the |
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173 | 181 | | sole basis for subjecting that person or the employee of the person |
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174 | 182 | | to this title. |
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175 | 183 | | SECTION 9. Section 4001.051(b), Insurance Code, is amended |
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176 | 184 | | to read as follows: |
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177 | 185 | | (b) Regardless of whether the act is done at the request of |
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178 | 186 | | or by the employment of an insurer, broker, or other person, a |
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179 | 187 | | person is the agent of the insurer for which the act is done or risk |
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180 | 188 | | is taken for purposes of the liabilities, duties, requirements, and |
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181 | 189 | | penalties provided by this title or [,] Chapter 21[, or a provision |
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182 | 190 | | listed in Section 4001.009] if the person: |
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183 | 191 | | (1) solicits insurance on behalf of the insurer; |
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184 | 192 | | (2) receives or transmits other than on the person's |
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185 | 193 | | own behalf an application for insurance or an insurance policy to or |
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186 | 194 | | from the insurer; |
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187 | 195 | | (3) advertises or otherwise gives notice that the |
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188 | 196 | | person will receive or transmit an application for insurance or an |
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189 | 197 | | insurance policy; |
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190 | 198 | | (4) receives or transmits an insurance policy of the |
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191 | 199 | | insurer; |
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192 | 200 | | (5) examines or inspects a risk; |
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193 | 201 | | (6) receives, collects, or transmits an insurance |
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194 | 202 | | premium; |
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195 | 203 | | (7) makes or forwards a diagram of a building; |
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196 | 204 | | (8) takes any other action in the making or |
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197 | 205 | | consummation of an insurance contract for or with the insurer other |
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198 | 206 | | than on the person's own behalf; or |
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199 | 207 | | (9) examines into, adjusts, or aids in adjusting a |
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200 | 208 | | loss for or on behalf of the insurer. |
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201 | 209 | | SECTION 10. Section 4001.106(b), Insurance Code, is amended |
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202 | 210 | | to read as follows: |
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203 | 211 | | (b) The department shall issue a license to a corporation or |
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204 | 212 | | partnership if the department determines that: |
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205 | 213 | | (1) the corporation or partnership is: |
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206 | 214 | | (A) organized under the laws of this state or |
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207 | 215 | | another state; and |
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208 | 216 | | (B) authorized by its articles of incorporation |
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209 | 217 | | or its partnership agreement to act as an agent; |
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210 | 218 | | (2) at least one officer of the corporation or one |
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211 | 219 | | active partner of the partnership and all other persons performing |
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212 | 220 | | any acts of an agent on behalf of the corporation or partnership in |
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213 | 221 | | this state are individually licensed by the department separately |
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214 | 222 | | from the corporation or partnership; |
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215 | 223 | | (3) the corporation or partnership will have the |
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216 | 224 | | ability to pay any amount up to $25,000 that it might become legally |
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217 | 225 | | obligated to pay under a claim made against it by a customer and |
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218 | 226 | | caused by a negligent act, error, or omission of the corporation or |
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219 | 227 | | partnership or a person for whose acts the corporation or |
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220 | 228 | | partnership is legally liable in the conduct of its business under |
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221 | 229 | | this code; |
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222 | 230 | | (4) if engaged in the business of insurance, the |
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223 | 231 | | corporation or partnership intends to be actively engaged in that |
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224 | 232 | | business as required under Section 4001.104(a); |
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225 | 233 | | (5) [each location from which the corporation or |
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226 | 234 | | partnership will engage in business in this state under authority |
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227 | 235 | | of a license issued by the department is registered separately with |
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228 | 236 | | the department; |
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229 | 237 | | [(6)] the corporation or partnership has submitted the |
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230 | 238 | | application, appropriate fees, and any other information required |
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231 | 239 | | by the department; and |
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232 | 240 | | (6) [(7)] an officer, director, member, manager, |
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233 | 241 | | partner, or other person who has the right or ability to control the |
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234 | 242 | | corporation or partnership has not: |
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235 | 243 | | (A) had a license suspended or revoked or been |
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236 | 244 | | the subject of any other disciplinary action by a financial or |
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237 | 245 | | insurance regulator of this state, another state, or the United |
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238 | 246 | | States; or |
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239 | 247 | | (B) committed an act for which a license may be |
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240 | 248 | | denied under Subchapter C, Chapter 4005. |
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241 | 249 | | SECTION 11. Section 4001.153, Insurance Code, is amended to |
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242 | 250 | | read as follows: |
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243 | 251 | | Sec. 4001.153. APPLICATION FOR AND ISSUANCE OF TEMPORARY |
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244 | 252 | | LICENSE. (a) Except as provided by Subsection (b), the [The] |
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245 | 253 | | department shall issue a temporary license immediately on receipt |
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246 | 254 | | of a properly completed application executed by the applicant in |
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247 | 255 | | the form required by Section 4001.102 and accompanied by: |
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248 | 256 | | (1) the nonrefundable filing fee set by the |
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249 | 257 | | department; and |
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250 | 258 | | (2) a certificate signed by an officer or properly |
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251 | 259 | | authorized representative of an agent, insurer, or health |
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252 | 260 | | maintenance organization stating that: |
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253 | 261 | | (A) the applicant is being considered for |
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254 | 262 | | appointment by the agent, insurer, or health maintenance |
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255 | 263 | | organization as its full-time agent; |
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256 | 264 | | (B) the agent, insurer, or health maintenance |
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257 | 265 | | organization desires that the applicant be issued a temporary |
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258 | 266 | | license; and |
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259 | 267 | | (C) the applicant will complete training as |
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260 | 268 | | prescribed by Section 4001.160 under the agent's, insurer's, or |
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261 | 269 | | health maintenance organization's supervision. |
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262 | 270 | | (b) The department may deny a license application under this |
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263 | 271 | | subchapter if the department determines that any of the grounds |
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264 | 272 | | exist for license denial or disciplinary action under Section |
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265 | 273 | | 4005.101 of this code or Chapter 53, Occupations Code. |
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266 | 274 | | SECTION 12. Section 4001.155, Insurance Code, is amended to |
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267 | 275 | | read as follows: |
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268 | 276 | | Sec. 4001.155. TERM OF TEMPORARY LICENSE. A temporary |
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269 | 277 | | license is valid for 180 [90] days after the date of issuance. |
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270 | 278 | | SECTION 13. Section 4001.352, Insurance Code, is amended to |
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271 | 279 | | read as follows: |
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272 | 280 | | Sec. 4001.352. AUTHORITY TO ISSUE PROVISIONAL PERMIT. |
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273 | 281 | | (a) The department may, in conjunction with a license application |
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274 | 282 | | under Section 4001.102, issue a provisional permit to an applicant |
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275 | 283 | | who is being considered for appointment as an agent by another |
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276 | 284 | | agent, an insurer, or a health maintenance organization. |
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277 | 285 | | (b) The department may suspend the issuance of a provisional |
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278 | 286 | | permit under this subchapter if: |
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279 | 287 | | (1) the department's processing time for license |
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280 | 288 | | applications has not exceeded 21 days in any month in the preceding |
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281 | 289 | | 90 days before the suspension; and |
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282 | 290 | | (2) the department provides notice both on its |
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283 | 291 | | Internet website and to applicants for provisional licenses that |
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284 | 292 | | the provisional license applications are temporarily suspended |
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285 | 293 | | because sufficient processing time for permanent licenses is |
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286 | 294 | | available to allow for those licenses to be processed in not more |
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287 | 295 | | than 21 days for a completed application. |
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288 | 296 | | SECTION 14. Section 4002.003(a), Insurance Code, is amended |
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289 | 297 | | to read as follows: |
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290 | 298 | | (a) The department may not require a person to take an |
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291 | 299 | | examination under this chapter if the person is: |
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292 | 300 | | (1) an applicant for the renewal of an unexpired |
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293 | 301 | | license issued by the department; |
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294 | 302 | | (2) an applicant whose license issued by the |
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295 | 303 | | department expired less than one year before the date of the |
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296 | 304 | | application, if the previous license was not denied, revoked, or |
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297 | 305 | | suspended by the commissioner; |
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298 | 306 | | (3) a partnership, corporation, or depository |
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299 | 307 | | institution; |
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300 | 308 | | (4) an applicant for a life, accident, and health |
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301 | 309 | | license who is designated as a chartered life underwriter (CLU); |
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302 | 310 | | (5) [an applicant for a life and health insurance |
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303 | 311 | | counselor license who is designated as a chartered life underwriter |
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304 | 312 | | (CLU), chartered financial consultant (ChFC), or certified |
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305 | 313 | | financial planner (CFP); |
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306 | 314 | | [(6)] an applicant for a property and casualty license |
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307 | 315 | | who is designated as a chartered property casualty underwriter |
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308 | 316 | | (CPCU); |
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309 | 317 | | (6) [(7)] an applicant for a specialty license issued |
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310 | 318 | | under Chapter 4055; |
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311 | 319 | | (7) [(8)] a nonresident individual who is exempt from |
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312 | 320 | | the examination requirement under Chapter 4056; or |
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313 | 321 | | (8) [(9)] an applicant for a general life, accident, |
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314 | 322 | | and health license or a life agent license who was authorized to |
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315 | 323 | | solicit or procure insurance on behalf of a fraternal benefit |
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316 | 324 | | society on September 1, 1999, if the applicant: |
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317 | 325 | | (A) solicited or procured insurance on behalf of |
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318 | 326 | | the fraternal benefit society for at least 24 months preceding |
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319 | 327 | | September 1, 1999; and |
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320 | 328 | | (B) does not, on or after September 1, 1999, |
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321 | 329 | | solicit or procure: |
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322 | 330 | | (i) insurance for any other insurer or a |
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323 | 331 | | different fraternal benefit society; |
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324 | 332 | | (ii) an insurance contract from anyone |
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325 | 333 | | other than a person who is eligible for membership in the fraternal |
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326 | 334 | | benefit society; or |
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327 | 335 | | (iii) an interest-sensitive life insurance |
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328 | 336 | | contract that exceeds $35,000 of coverage on an individual life, |
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329 | 337 | | unless the applicant is designated as a "Fraternal Insurance |
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330 | 338 | | Counselor" at the time the contract is solicited or procured. |
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331 | 339 | | SECTION 15. Section 4004.053(a), Insurance Code, is amended |
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332 | 340 | | to read as follows: |
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333 | 341 | | (a) An individual who holds a general life, accident, and |
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334 | 342 | | health license, a life agent license, [a life and health insurance |
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335 | 343 | | counselor license,] an adjuster license, a managing general agent |
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336 | 344 | | license, a general property and casualty license, or a personal |
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337 | 345 | | lines property and casualty license must complete 24 hours of |
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338 | 346 | | continuing education during the license period. If the individual |
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339 | 347 | | holds more than one license for which continuing education is |
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340 | 348 | | otherwise required, the individual is not required to complete more |
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341 | 349 | | than 24 continuing education hours for all licenses during the |
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342 | 350 | | license period. An individual who is required under rules adopted |
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343 | 351 | | under Chapter 4008 to hold a certificate to sell a designated |
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344 | 352 | | product or product line may use continuing education programs |
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345 | 353 | | administered under Section 4004.151 to satisfy the continuing |
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346 | 354 | | education requirements under this subsection. |
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347 | 355 | | SECTION 16. Section 4004.054, Insurance Code, is amended to |
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348 | 356 | | read as follows: |
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349 | 357 | | Sec. 4004.054. ETHICS REQUIREMENT. Each individual who |
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350 | 358 | | holds a license issued by the department shall complete three [two] |
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351 | 359 | | hours of continuing education in ethics during each license renewal |
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352 | 360 | | period. |
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353 | 361 | | SECTION 17. Section 4051.051(a), Insurance Code, is amended |
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354 | 362 | | to read as follows: |
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355 | 363 | | (a) A person is required to hold a general property and |
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356 | 364 | | casualty license if the person acts as: |
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357 | 365 | | (1) an agent who writes property and casualty |
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358 | 366 | | insurance for an insurer authorized to engage in the business of |
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359 | 367 | | property and casualty insurance in this state; or |
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360 | 368 | | (2) [a subagent of a person who holds a license as an |
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361 | 369 | | agent under this chapter who solicits and binds insurance risks for |
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362 | 370 | | that agent; or |
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363 | 371 | | [(3)] an agent who writes any other kind of insurance |
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364 | 372 | | as required by the commissioner for the protection of the insurance |
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365 | 373 | | consumers of this state. |
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366 | 374 | | SECTION 18. Section 4051.401, Insurance Code, is amended to |
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367 | 375 | | read as follows: |
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368 | 376 | | Sec. 4051.401. PERSONAL LINES PROPERTY AND CASUALTY |
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369 | 377 | | LICENSE; LICENSE REQUIRED. A person is required to hold a personal |
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370 | 378 | | lines property and casualty license if the person acts as[: |
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371 | 379 | | [(1)] an agent who writes property and casualty |
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372 | 380 | | insurance sold to individuals and families primarily for personal |
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373 | 381 | | or household use for an insurer authorized to engage in the business |
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374 | 382 | | of property and casualty insurance in this state[; or |
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375 | 383 | | [(2) a subagent of a person who holds a license as an |
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376 | 384 | | agent under this subchapter who solicits and binds insurance risks |
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377 | 385 | | for that agent]. |
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378 | 386 | | SECTION 19. Section 4056.052, Insurance Code, is amended by |
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379 | 387 | | adding Subsection (c) to read as follows: |
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380 | 388 | | (c) A license issued under this section shall be |
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381 | 389 | | automatically suspended, canceled, or revoked if the licensee's |
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382 | 390 | | home state suspends, cancels, or revokes the licensee's |
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383 | 391 | | corresponding resident license. |
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384 | 392 | | SECTION 20. Section 4056.059(b), Insurance Code, is amended |
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385 | 393 | | to read as follows: |
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386 | 394 | | (b) A nonresident agent may apply to the department for a |
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387 | 395 | | comparable license for residents of this state. An application |
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388 | 396 | | must include: |
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389 | 397 | | (1) a notification of the agent's change of address and |
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390 | 398 | | contact information; and |
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391 | 399 | | (2) [a clearance letter from the state authority of |
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392 | 400 | | the state that issued the agent's prior resident license |
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393 | 401 | | demonstrating the agent's good standing with that authority; and |
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394 | 402 | | [(3)] fingerprint forms in the format prescribed by |
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395 | 403 | | the department, which may be electronic. |
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396 | 404 | | SECTION 21. Section 4102.054(a), Insurance Code, is amended |
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397 | 405 | | to read as follows: |
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398 | 406 | | (a) The commissioner may issue a nonresident license to an |
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399 | 407 | | applicant for a public insurance adjuster license who is not a |
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400 | 408 | | permanent resident of this state on determining that the |
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401 | 409 | | application meets the requirements of this chapter, the nonresident |
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402 | 410 | | license application fee has been paid, and the applicant is an |
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403 | 411 | | individual who: |
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404 | 412 | | (1) is at least 18 years of age; |
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405 | 413 | | (2) except as provided by Section 4102.058, has |
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406 | 414 | | passed, to the satisfaction of the commissioner, an examination |
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407 | 415 | | approved by the commissioner and of sufficient scope as prescribed |
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408 | 416 | | by Section 4102.057; |
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409 | 417 | | (3) is self-employed as a public insurance adjuster or |
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410 | 418 | | associated with or employed by a public insurance adjusting firm or |
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411 | 419 | | other public insurance adjuster; |
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412 | 420 | | (4) is trustworthy and of a moral character that |
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413 | 421 | | reasonably ensures that the applicant will conduct the business of |
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414 | 422 | | a public insurance adjuster fairly and in good faith without |
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415 | 423 | | detriment to the public; |
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416 | 424 | | (5) has never been convicted of a felony or, if |
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417 | 425 | | convicted of a felony, has received a full pardon from that |
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418 | 426 | | conviction and is otherwise relieved from any disabilities |
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419 | 427 | | connected with that conviction; |
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420 | 428 | | (6) has sufficient experience or training relating to |
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421 | 429 | | the assessment of: |
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422 | 430 | | (A) real and personal property values; and |
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423 | 431 | | (B) physical loss of or damage to real or |
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424 | 432 | | personal property that may be the subject of insurance and claims |
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425 | 433 | | under insurance; |
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426 | 434 | | (7) is sufficiently informed as to the terms and |
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427 | 435 | | effects of the types of insurance contracts that provide coverage |
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428 | 436 | | on real and personal property; |
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429 | 437 | | (8) possesses knowledge and experience adequate to |
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430 | 438 | | enable the applicant to engage in the business of a public insurance |
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431 | 439 | | adjuster fairly and without injury to the public or any member of |
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432 | 440 | | the public with whom the applicant may have business as a public |
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433 | 441 | | insurance adjuster; |
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434 | 442 | | (9) [if currently licensed as a resident public |
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435 | 443 | | insurance adjuster in the applicant's state of residence, provides |
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436 | 444 | | with the application a certificate or letter of authorization from |
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437 | 445 | | the licensing authority of the applicant's state of residence that: |
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438 | 446 | | [(A) states that the applicant holds a current or |
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439 | 447 | | comparable license to act as a public insurance adjuster; and |
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440 | 448 | | [(B) meets the requirements of Subsection (b); |
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441 | 449 | | [(10) if the applicant's state of residence does not |
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442 | 450 | | require licensure as a resident public insurance adjuster and the |
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443 | 451 | | applicant has been licensed as an adjuster, agent, broker, or other |
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444 | 452 | | insurance representative in the applicant's state of residence or |
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445 | 453 | | any other state within the past three years, provides with the |
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446 | 454 | | application a certificate or letter of authorization from the |
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447 | 455 | | licensing authority that: |
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448 | 456 | | [(A) states that the applicant holds or has held |
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449 | 457 | | a license to act as an adjuster, agent, broker, or other insurance |
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450 | 458 | | representative; and |
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451 | 459 | | [(B) meets the requirements of Subsection (c); |
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452 | 460 | | [(11)] files proof of financial responsibility in |
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453 | 461 | | accordance with Section 4102.105; and |
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454 | 462 | | (10) [(12)] complies with any other requirements |
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455 | 463 | | under applicable state law, including provision of a complete set |
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456 | 464 | | of fingerprints on request, as provided by Section 4001.103. |
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457 | 465 | | SECTION 22. The following provisions of the Insurance Code |
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458 | 466 | | are repealed: |
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459 | 467 | | (1) Section 4001.003(9); |
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460 | 468 | | (2) Sections 4001.009 and 4001.109; |
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461 | 469 | | (3) Section 4001.156(a); |
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462 | 470 | | (4) Section 4001.205; |
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463 | 471 | | (5) Subchapters D and G, Chapter 4051; |
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464 | 472 | | (6) Chapter 4052; |
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465 | 473 | | (7) Section 4056.004; |
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466 | 474 | | (8) Sections 4102.054(b) and (c); and |
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467 | 475 | | (9) Section 4102.114(d). |
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468 | 476 | | SECTION 23. (a) In this section, "department" means the |
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469 | 477 | | Texas Department of Insurance. |
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470 | 478 | | (b) On the effective date of this Act, the department shall |
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471 | 479 | | convert all active insurance services representative licenses |
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472 | 480 | | issued before June 1, 2021, to general property and casualty |
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473 | 481 | | insurance agent licenses. Licensees must comply with all |
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474 | 482 | | requirements of the converted license to keep the license active |
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475 | 483 | | and in good standing. Any insurance services representative |
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476 | 484 | | licenses issued on or after June 1, 2021, through the effective date |
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477 | 485 | | of this Act may not be renewed on expiration of the license and may |
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478 | 486 | | not convert to another license type. |
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479 | 487 | | (c) On the effective date of this Act, the department shall |
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480 | 488 | | convert all active life and health insurance counselor licenses |
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481 | 489 | | issued before June 1, 2021, to general life and health agent |
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482 | 490 | | licenses. Converted licensees must comply with all requirements of |
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483 | 491 | | the converted license to keep the license active and in good |
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484 | 492 | | standing. Any life and health insurance counselor licenses issued |
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485 | 493 | | on or after June 1, 2021, through the effective date of this Act may |
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486 | 494 | | not be renewed on expiration of the license and may not convert to |
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487 | 495 | | another license type. |
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488 | 496 | | (d) On the effective date of this Act, any existing home |
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489 | 497 | | office salaried employee registration is void and ceases to exist. |
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490 | 498 | | Any former home office salaried employee registrant engaging in the |
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491 | 499 | | business of insurance after the effective date of this Act must |
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492 | 500 | | follow the requirements of the Insurance Code and any other |
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493 | 501 | | applicable laws of this state. |
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494 | 502 | | SECTION 24. This Act takes effect September 1, 2021. |
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