Texas 2021 - 87th Regular

Texas House Bill HB4030 Compare Versions

OldNewDifferences
1-H.B. No. 4030
1+By: Smithee (Senate Sponsor - Hancock) H.B. No. 4030
2+ (In the Senate - Received from the House May 3, 2021;
3+ May 10, 2021, read first time and referred to Committee on Business &
4+ Commerce; May 14, 2021, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 8, Nays 0;
6+ May 14, 2021, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 4030 By: Hancock
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the licensing and regulation of insurance
614 professionals.
715 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
816 SECTION 1. Section 443.156(a), Insurance Code, is amended
917 to read as follows:
1018 (a) Every person who represented the insurer as an agent and
1119 receives notice in the form prescribed in Section 443.155 that the
1220 insurer is the subject of a liquidation order, not later than the
1321 30th day after the date of the notice, shall provide to the
1422 liquidator, in addition to the information the agent may be
1523 required to provide pursuant to Section 443.010, the information in
1624 the agent's records related to any policy issued by the insurer
1725 through the agent and any policy issued by the insurer through an
1826 agent under contract to the agent[, including the name and address
1927 of any subagent]. For purposes of this subsection, a policy is
2028 issued through an agent if the agent has a property interest in the
2129 expiration of the policy or if the agent has had in the agent's
2230 possession a copy of the declarations of the policy at any time
2331 during the life of the policy, except where the ownership of the
2432 expiration of the policy has been transferred to another.
2533 SECTION 2. Section 521.151, Insurance Code, is amended to
2634 read as follows:
2735 Sec. 521.151. APPLICABILITY OF SUBCHAPTER. This subchapter
2836 applies to any legal entity engaged in the business of insurance in
2937 this state, including:
3038 (1) a capital stock insurance company;
3139 (2) a mutual insurance company;
3240 (3) a title insurance company;
3341 (4) a fraternal benefit society;
3442 (5) a local mutual aid association;
3543 (6) a statewide mutual assessment company;
3644 (7) a county mutual insurance company;
3745 (8) a Lloyd's plan;
3846 (9) a reciprocal or interinsurance exchange;
3947 (10) a stipulated premium company;
4048 (11) a group hospital service corporation;
4149 (12) a farm mutual insurance company;
4250 (13) a risk retention group;
4351 (14) an eligible surplus lines insurer; and
4452 (15) an agent, broker, or adjuster[, or life and
4553 health insurance counselor].
4654 SECTION 3. Section 541.002(2), Insurance Code, is amended
4755 to read as follows:
4856 (2) "Person" means an individual, corporation,
4957 association, partnership, reciprocal or interinsurance exchange,
5058 Lloyd's plan, fraternal benefit society, or other legal entity
5159 engaged in the business of insurance, including an agent, broker,
5260 or adjuster[, or life and health insurance counselor].
5361 SECTION 4. Section 544.001, Insurance Code, is amended to
5462 read as follows:
5563 Sec. 544.001. APPLICABILITY OF SUBCHAPTER. This subchapter
5664 applies to:
5765 (1) any legal entity engaged in the business of
5866 insurance in this state, including:
5967 (A) a capital stock insurance company;
6068 (B) a mutual insurance company;
6169 (C) a title insurance company;
6270 (D) a fraternal benefit society;
6371 (E) a local mutual aid association;
6472 (F) a statewide mutual assessment company;
6573 (G) a county mutual insurance company;
6674 (H) a Lloyd's plan;
6775 (I) a reciprocal or interinsurance exchange;
6876 (J) a stipulated premium company;
6977 (K) a group hospital service corporation;
7078 (L) a farm mutual insurance company;
7179 (M) a risk retention group;
7280 (N) an eligible surplus lines insurer; and
7381 (O) an agent, broker, or adjuster[, or life and
7482 health insurance counselor]; and
7583 (2) a health maintenance organization.
7684 SECTION 5. Section 544.051, Insurance Code, is amended to
7785 read as follows:
7886 Sec. 544.051. APPLICABILITY OF SUBCHAPTER. This subchapter
7987 applies to any individual, corporation, association, partnership,
8088 or other legal entity engaged in the business of insurance,
8189 including:
8290 (1) a fraternal benefit society;
8391 (2) a county mutual insurance company;
8492 (3) a Lloyd's plan;
8593 (4) a reciprocal or interinsurance exchange;
8694 (5) a farm mutual insurance company; and
8795 (6) an agent, broker, or adjuster[, or life and health
8896 insurance counselor].
8997 SECTION 6. Section 1131.056(a), Insurance Code, is amended
9098 to read as follows:
9199 (a) In this section, "agent" includes a general agent[,
92100 subagent,] or a salesperson.
93101 SECTION 7. Section 4001.002(b), Insurance Code, is amended
94102 to read as follows:
95103 (b) This title does not apply to:
96104 (1) a resident of this state who arbitrates in the
97105 adjustment of losses between an insurer and an insured, a marine
98106 adjuster who adjusts particular or general average losses of
99107 vessels or cargoes if the adjuster paid an occupation tax of $200
100108 for the year in which the adjustment is made, or a practicing
101109 attorney at law in this state, acting in the regular transaction of
102110 the person's business as an attorney at law, who is not a local
103111 agent and is not acting as an adjuster for an insurer;
104112 (2) [a full-time home office salaried employee of an
105113 insurer authorized to engage in the business of insurance in this
106114 state, other than an employee who solicits or receives an
107115 application for the sale of insurance through an oral, written, or
108116 electronic communication in accordance with Subchapter G, Chapter
109117 4051;
110118 [(3)] an attorney in fact or the traveling salaried
111119 representative of a reciprocal or interinsurance exchange admitted
112120 to engage in the business of insurance in this state as to business
113121 transacted through the attorney in fact or salaried representative;
114122 (3) [(4)] the attorney in fact for a Lloyd's plan;
115123 (4) [(5)] the group motor vehicle insurance business
116124 or the group motor vehicle department of a company engaged in that
117125 business; or
118126 (5) [(6)] a salaried employee who is not involved in
119127 soliciting or negotiating insurance in the office of an agent and
120128 who devotes the employee's full time to clerical and administrative
121129 services, including the incidental taking of information from
122130 customers and receipt of premiums in the office of an agent, if:
123131 (A) the employee does not receive any
124132 commissions; and
125133 (B) the employee's compensation is not varied by
126134 the volume of premiums taken and received.
127135 SECTION 8. Section 4001.003(1), Insurance Code, is amended
128136 to read as follows:
129137 (1) "Agent" means a person who is an authorized agent
130138 of an insurer or health maintenance organization [, a subagent,]
131139 and any other person who performs the acts of an agent, whether
132140 through an oral, written, electronic, or other form of
133141 communication, by soliciting, negotiating, procuring, or
134142 collecting a premium on an insurance or annuity contract, or who
135143 represents or purports to represent a health maintenance
136144 organization, including a health maintenance organization offering
137145 only a single health care service plan, in soliciting, negotiating,
138146 procuring, or effectuating membership in the health maintenance
139147 organization. The term does not include:
140148 (A) a regular salaried officer or employee of an
141149 insurer, health maintenance organization, or agent who:
142150 (i) devotes substantially all of the
143151 officer's or employee's time to activities other than the
144152 solicitation of applications for insurance, annuity contracts, or
145153 memberships;
146154 (ii) does not receive a commission or other
147155 compensation directly dependent on the business obtained; and
148156 (iii) does not solicit or accept from the
149157 public applications for insurance, annuity contracts, or
150158 memberships;
151159 (B) an employer or an employer's officer or
152160 employee or a trustee of an employee benefit plan, to the extent
153161 that the employer, officer, employee, or trustee is engaged in the
154162 administration or operation of an employee benefits program
155163 involving the use of insurance or annuities issued by an insurer or
156164 memberships issued by a health maintenance organization, if the
157165 employer, officer, employee, or trustee is not directly or
158166 indirectly compensated by the insurer or health maintenance
159167 organization issuing the insurance or annuity contracts or
160168 memberships;
161169 (C) except as otherwise provided by this code, a
162170 depository institution, or an officer or employee of a depository
163171 institution, to the extent that the depository institution or
164172 officer or employee collects and remits premiums or charges by
165173 charging those premiums or charges against accounts of depositors
166174 on the orders of those depositors; or
167175 (D) a person or the employee of a person who has
168176 contracted to provide administrative, management, or health care
169177 services to a health maintenance organization and who is
170178 compensated for those services by the payment of an amount computed
171179 as a percentage of the revenues, net income, or profit of the health
172180 maintenance organization, if that method of compensation is the
173181 sole basis for subjecting that person or the employee of the person
174182 to this title.
175183 SECTION 9. Section 4001.051(b), Insurance Code, is amended
176184 to read as follows:
177185 (b) Regardless of whether the act is done at the request of
178186 or by the employment of an insurer, broker, or other person, a
179187 person is the agent of the insurer for which the act is done or risk
180188 is taken for purposes of the liabilities, duties, requirements, and
181189 penalties provided by this title or [,] Chapter 21[, or a provision
182190 listed in Section 4001.009] if the person:
183191 (1) solicits insurance on behalf of the insurer;
184192 (2) receives or transmits other than on the person's
185193 own behalf an application for insurance or an insurance policy to or
186194 from the insurer;
187195 (3) advertises or otherwise gives notice that the
188196 person will receive or transmit an application for insurance or an
189197 insurance policy;
190198 (4) receives or transmits an insurance policy of the
191199 insurer;
192200 (5) examines or inspects a risk;
193201 (6) receives, collects, or transmits an insurance
194202 premium;
195203 (7) makes or forwards a diagram of a building;
196204 (8) takes any other action in the making or
197205 consummation of an insurance contract for or with the insurer other
198206 than on the person's own behalf; or
199207 (9) examines into, adjusts, or aids in adjusting a
200208 loss for or on behalf of the insurer.
201209 SECTION 10. Section 4001.106(b), Insurance Code, is amended
202210 to read as follows:
203211 (b) The department shall issue a license to a corporation or
204212 partnership if the department determines that:
205213 (1) the corporation or partnership is:
206214 (A) organized under the laws of this state or
207215 another state; and
208216 (B) authorized by its articles of incorporation
209217 or its partnership agreement to act as an agent;
210218 (2) at least one officer of the corporation or one
211219 active partner of the partnership and all other persons performing
212220 any acts of an agent on behalf of the corporation or partnership in
213221 this state are individually licensed by the department separately
214222 from the corporation or partnership;
215223 (3) the corporation or partnership will have the
216224 ability to pay any amount up to $25,000 that it might become legally
217225 obligated to pay under a claim made against it by a customer and
218226 caused by a negligent act, error, or omission of the corporation or
219227 partnership or a person for whose acts the corporation or
220228 partnership is legally liable in the conduct of its business under
221229 this code;
222230 (4) if engaged in the business of insurance, the
223231 corporation or partnership intends to be actively engaged in that
224232 business as required under Section 4001.104(a);
225233 (5) [each location from which the corporation or
226234 partnership will engage in business in this state under authority
227235 of a license issued by the department is registered separately with
228236 the department;
229237 [(6)] the corporation or partnership has submitted the
230238 application, appropriate fees, and any other information required
231239 by the department; and
232240 (6) [(7)] an officer, director, member, manager,
233241 partner, or other person who has the right or ability to control the
234242 corporation or partnership has not:
235243 (A) had a license suspended or revoked or been
236244 the subject of any other disciplinary action by a financial or
237245 insurance regulator of this state, another state, or the United
238246 States; or
239247 (B) committed an act for which a license may be
240248 denied under Subchapter C, Chapter 4005.
241249 SECTION 11. Section 4001.153, Insurance Code, is amended to
242250 read as follows:
243251 Sec. 4001.153. APPLICATION FOR AND ISSUANCE OF TEMPORARY
244252 LICENSE. (a) Except as provided by Subsection (b), the [The]
245253 department shall issue a temporary license immediately on receipt
246254 of a properly completed application executed by the applicant in
247255 the form required by Section 4001.102 and accompanied by:
248256 (1) the nonrefundable filing fee set by the
249257 department; and
250258 (2) a certificate signed by an officer or properly
251259 authorized representative of an agent, insurer, or health
252260 maintenance organization stating that:
253261 (A) the applicant is being considered for
254262 appointment by the agent, insurer, or health maintenance
255263 organization as its full-time agent;
256264 (B) the agent, insurer, or health maintenance
257265 organization desires that the applicant be issued a temporary
258266 license; and
259267 (C) the applicant will complete training as
260268 prescribed by Section 4001.160 under the agent's, insurer's, or
261269 health maintenance organization's supervision.
262270 (b) The department may deny a license application under this
263271 subchapter if the department determines that any of the grounds
264272 exist for license denial or disciplinary action under Section
265273 4005.101 of this code or Chapter 53, Occupations Code.
266274 SECTION 12. Section 4001.155, Insurance Code, is amended to
267275 read as follows:
268276 Sec. 4001.155. TERM OF TEMPORARY LICENSE. A temporary
269277 license is valid for 180 [90] days after the date of issuance.
270278 SECTION 13. Section 4001.352, Insurance Code, is amended to
271279 read as follows:
272280 Sec. 4001.352. AUTHORITY TO ISSUE PROVISIONAL PERMIT.
273281 (a) The department may, in conjunction with a license application
274282 under Section 4001.102, issue a provisional permit to an applicant
275283 who is being considered for appointment as an agent by another
276284 agent, an insurer, or a health maintenance organization.
277285 (b) The department may suspend the issuance of a provisional
278286 permit under this subchapter if:
279287 (1) the department's processing time for license
280288 applications has not exceeded 21 days in any month in the preceding
281289 90 days before the suspension; and
282290 (2) the department provides notice both on its
283291 Internet website and to applicants for provisional licenses that
284292 the provisional license applications are temporarily suspended
285293 because sufficient processing time for permanent licenses is
286294 available to allow for those licenses to be processed in not more
287295 than 21 days for a completed application.
288296 SECTION 14. Section 4002.003(a), Insurance Code, is amended
289297 to read as follows:
290298 (a) The department may not require a person to take an
291299 examination under this chapter if the person is:
292300 (1) an applicant for the renewal of an unexpired
293301 license issued by the department;
294302 (2) an applicant whose license issued by the
295303 department expired less than one year before the date of the
296304 application, if the previous license was not denied, revoked, or
297305 suspended by the commissioner;
298306 (3) a partnership, corporation, or depository
299307 institution;
300308 (4) an applicant for a life, accident, and health
301309 license who is designated as a chartered life underwriter (CLU);
302310 (5) [an applicant for a life and health insurance
303311 counselor license who is designated as a chartered life underwriter
304312 (CLU), chartered financial consultant (ChFC), or certified
305313 financial planner (CFP);
306314 [(6)] an applicant for a property and casualty license
307315 who is designated as a chartered property casualty underwriter
308316 (CPCU);
309317 (6) [(7)] an applicant for a specialty license issued
310318 under Chapter 4055;
311319 (7) [(8)] a nonresident individual who is exempt from
312320 the examination requirement under Chapter 4056; or
313321 (8) [(9)] an applicant for a general life, accident,
314322 and health license or a life agent license who was authorized to
315323 solicit or procure insurance on behalf of a fraternal benefit
316324 society on September 1, 1999, if the applicant:
317325 (A) solicited or procured insurance on behalf of
318326 the fraternal benefit society for at least 24 months preceding
319327 September 1, 1999; and
320328 (B) does not, on or after September 1, 1999,
321329 solicit or procure:
322330 (i) insurance for any other insurer or a
323331 different fraternal benefit society;
324332 (ii) an insurance contract from anyone
325333 other than a person who is eligible for membership in the fraternal
326334 benefit society; or
327335 (iii) an interest-sensitive life insurance
328336 contract that exceeds $35,000 of coverage on an individual life,
329337 unless the applicant is designated as a "Fraternal Insurance
330338 Counselor" at the time the contract is solicited or procured.
331339 SECTION 15. Section 4004.053(a), Insurance Code, is amended
332340 to read as follows:
333341 (a) An individual who holds a general life, accident, and
334342 health license, a life agent license, [a life and health insurance
335343 counselor license,] an adjuster license, a managing general agent
336344 license, a general property and casualty license, or a personal
337345 lines property and casualty license must complete 24 hours of
338346 continuing education during the license period. If the individual
339347 holds more than one license for which continuing education is
340348 otherwise required, the individual is not required to complete more
341349 than 24 continuing education hours for all licenses during the
342350 license period. An individual who is required under rules adopted
343351 under Chapter 4008 to hold a certificate to sell a designated
344352 product or product line may use continuing education programs
345353 administered under Section 4004.151 to satisfy the continuing
346354 education requirements under this subsection.
347355 SECTION 16. Section 4004.054, Insurance Code, is amended to
348356 read as follows:
349357 Sec. 4004.054. ETHICS REQUIREMENT. Each individual who
350358 holds a license issued by the department shall complete three [two]
351359 hours of continuing education in ethics during each license renewal
352360 period.
353361 SECTION 17. Section 4051.051(a), Insurance Code, is amended
354362 to read as follows:
355363 (a) A person is required to hold a general property and
356364 casualty license if the person acts as:
357365 (1) an agent who writes property and casualty
358366 insurance for an insurer authorized to engage in the business of
359367 property and casualty insurance in this state; or
360368 (2) [a subagent of a person who holds a license as an
361369 agent under this chapter who solicits and binds insurance risks for
362370 that agent; or
363371 [(3)] an agent who writes any other kind of insurance
364372 as required by the commissioner for the protection of the insurance
365373 consumers of this state.
366374 SECTION 18. Section 4051.401, Insurance Code, is amended to
367375 read as follows:
368376 Sec. 4051.401. PERSONAL LINES PROPERTY AND CASUALTY
369377 LICENSE; LICENSE REQUIRED. A person is required to hold a personal
370378 lines property and casualty license if the person acts as[:
371379 [(1)] an agent who writes property and casualty
372380 insurance sold to individuals and families primarily for personal
373381 or household use for an insurer authorized to engage in the business
374382 of property and casualty insurance in this state[; or
375383 [(2) a subagent of a person who holds a license as an
376384 agent under this subchapter who solicits and binds insurance risks
377385 for that agent].
378386 SECTION 19. Section 4056.052, Insurance Code, is amended by
379387 adding Subsection (c) to read as follows:
380388 (c) A license issued under this section shall be
381389 automatically suspended, canceled, or revoked if the licensee's
382390 home state suspends, cancels, or revokes the licensee's
383391 corresponding resident license.
384392 SECTION 20. Section 4056.059(b), Insurance Code, is amended
385393 to read as follows:
386394 (b) A nonresident agent may apply to the department for a
387395 comparable license for residents of this state. An application
388396 must include:
389397 (1) a notification of the agent's change of address and
390398 contact information; and
391399 (2) [a clearance letter from the state authority of
392400 the state that issued the agent's prior resident license
393401 demonstrating the agent's good standing with that authority; and
394402 [(3)] fingerprint forms in the format prescribed by
395403 the department, which may be electronic.
396404 SECTION 21. Section 4102.054(a), Insurance Code, is amended
397405 to read as follows:
398406 (a) The commissioner may issue a nonresident license to an
399407 applicant for a public insurance adjuster license who is not a
400408 permanent resident of this state on determining that the
401409 application meets the requirements of this chapter, the nonresident
402410 license application fee has been paid, and the applicant is an
403411 individual who:
404412 (1) is at least 18 years of age;
405413 (2) except as provided by Section 4102.058, has
406414 passed, to the satisfaction of the commissioner, an examination
407415 approved by the commissioner and of sufficient scope as prescribed
408416 by Section 4102.057;
409417 (3) is self-employed as a public insurance adjuster or
410418 associated with or employed by a public insurance adjusting firm or
411419 other public insurance adjuster;
412420 (4) is trustworthy and of a moral character that
413421 reasonably ensures that the applicant will conduct the business of
414422 a public insurance adjuster fairly and in good faith without
415423 detriment to the public;
416424 (5) has never been convicted of a felony or, if
417425 convicted of a felony, has received a full pardon from that
418426 conviction and is otherwise relieved from any disabilities
419427 connected with that conviction;
420428 (6) has sufficient experience or training relating to
421429 the assessment of:
422430 (A) real and personal property values; and
423431 (B) physical loss of or damage to real or
424432 personal property that may be the subject of insurance and claims
425433 under insurance;
426434 (7) is sufficiently informed as to the terms and
427435 effects of the types of insurance contracts that provide coverage
428436 on real and personal property;
429437 (8) possesses knowledge and experience adequate to
430438 enable the applicant to engage in the business of a public insurance
431439 adjuster fairly and without injury to the public or any member of
432440 the public with whom the applicant may have business as a public
433441 insurance adjuster;
434442 (9) [if currently licensed as a resident public
435443 insurance adjuster in the applicant's state of residence, provides
436444 with the application a certificate or letter of authorization from
437445 the licensing authority of the applicant's state of residence that:
438446 [(A) states that the applicant holds a current or
439447 comparable license to act as a public insurance adjuster; and
440448 [(B) meets the requirements of Subsection (b);
441449 [(10) if the applicant's state of residence does not
442450 require licensure as a resident public insurance adjuster and the
443451 applicant has been licensed as an adjuster, agent, broker, or other
444452 insurance representative in the applicant's state of residence or
445453 any other state within the past three years, provides with the
446454 application a certificate or letter of authorization from the
447455 licensing authority that:
448456 [(A) states that the applicant holds or has held
449457 a license to act as an adjuster, agent, broker, or other insurance
450458 representative; and
451459 [(B) meets the requirements of Subsection (c);
452460 [(11)] files proof of financial responsibility in
453461 accordance with Section 4102.105; and
454462 (10) [(12)] complies with any other requirements
455463 under applicable state law, including provision of a complete set
456464 of fingerprints on request, as provided by Section 4001.103.
457465 SECTION 22. The following provisions of the Insurance Code
458466 are repealed:
459467 (1) Section 4001.003(9);
460468 (2) Sections 4001.009 and 4001.109;
461469 (3) Section 4001.156(a);
462470 (4) Section 4001.205;
463471 (5) Subchapters D and G, Chapter 4051;
464472 (6) Chapter 4052;
465473 (7) Section 4056.004;
466474 (8) Sections 4102.054(b) and (c); and
467475 (9) Section 4102.114(d).
468476 SECTION 23. (a) In this section, "department" means the
469477 Texas Department of Insurance.
470478 (b) On the effective date of this Act, the department shall
471479 convert all active insurance services representative licenses
472480 issued before June 1, 2021, to general property and casualty
473481 insurance agent licenses. Licensees must comply with all
474482 requirements of the converted license to keep the license active
475483 and in good standing. Any insurance services representative
476484 licenses issued on or after June 1, 2021, through the effective date
477485 of this Act may not be renewed on expiration of the license and may
478486 not convert to another license type.
479487 (c) On the effective date of this Act, the department shall
480488 convert all active life and health insurance counselor licenses
481489 issued before June 1, 2021, to general life and health agent
482490 licenses. Converted licensees must comply with all requirements of
483491 the converted license to keep the license active and in good
484492 standing. Any life and health insurance counselor licenses issued
485493 on or after June 1, 2021, through the effective date of this Act may
486494 not be renewed on expiration of the license and may not convert to
487495 another license type.
488496 (d) On the effective date of this Act, any existing home
489497 office salaried employee registration is void and ceases to exist.
490498 Any former home office salaried employee registrant engaging in the
491499 business of insurance after the effective date of this Act must
492500 follow the requirements of the Insurance Code and any other
493501 applicable laws of this state.
494502 SECTION 24. This Act takes effect September 1, 2021.
495- ______________________________ ______________________________
496- President of the Senate Speaker of the House
497- I certify that H.B. No. 4030 was passed by the House on April
498- 30, 2021, by the following vote: Yeas 128, Nays 13, 2 present, not
499- voting; and that the House concurred in Senate amendments to H.B.
500- No. 4030 on May 24, 2021, by the following vote: Yeas 138, Nays 8,
501- 1 present, not voting.
502- ______________________________
503- Chief Clerk of the House
504- I certify that H.B. No. 4030 was passed by the Senate, with
505- amendments, on May 19, 2021, by the following vote: Yeas 31, Nays
506- 0.
507- ______________________________
508- Secretary of the Senate
509- APPROVED: __________________
510- Date
511- __________________
512- Governor
503+ * * * * *