Texas 2021 - 87th Regular

Texas Senate Bill SB1810 Compare Versions

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11 87R8588 MWC-F
22 By: Hancock S.B. No. 1810
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the licensing and regulation of insurance
88 professionals.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 443.156(a), Insurance Code, is amended
1111 to read as follows:
1212 (a) Every person who represented the insurer as an agent and
1313 receives notice in the form prescribed in Section 443.155 that the
1414 insurer is the subject of a liquidation order, not later than the
1515 30th day after the date of the notice, shall provide to the
1616 liquidator, in addition to the information the agent may be
1717 required to provide pursuant to Section 443.010, the information in
1818 the agent's records related to any policy issued by the insurer
1919 through the agent and any policy issued by the insurer through an
2020 agent under contract to the agent, including the name and address of
2121 any individual who acted for or on behalf of the agent [subagent].
2222 For purposes of this subsection, a policy is issued through an agent
2323 if the agent has a property interest in the expiration of the policy
2424 or if the agent has had in the agent's possession a copy of the
2525 declarations of the policy at any time during the life of the
2626 policy, except where the ownership of the expiration of the policy
2727 has been transferred to another.
2828 SECTION 2. Section 521.151, Insurance Code, is amended to
2929 read as follows:
3030 Sec. 521.151. APPLICABILITY OF SUBCHAPTER. This subchapter
3131 applies to any legal entity engaged in the business of insurance in
3232 this state, including:
3333 (1) a capital stock insurance company;
3434 (2) a mutual insurance company;
3535 (3) a title insurance company;
3636 (4) a fraternal benefit society;
3737 (5) a local mutual aid association;
3838 (6) a statewide mutual assessment company;
3939 (7) a county mutual insurance company;
4040 (8) a Lloyd's plan;
4141 (9) a reciprocal or interinsurance exchange;
4242 (10) a stipulated premium company;
4343 (11) a group hospital service corporation;
4444 (12) a farm mutual insurance company;
4545 (13) a risk retention group;
4646 (14) an eligible surplus lines insurer; and
4747 (15) an agent, broker, or adjuster[, or life and
4848 health insurance counselor].
4949 SECTION 3. Section 541.002(2), Insurance Code, is amended
5050 to read as follows:
5151 (2) "Person" means an individual, corporation,
5252 association, partnership, reciprocal or interinsurance exchange,
5353 Lloyd's plan, fraternal benefit society, or other legal entity
5454 engaged in the business of insurance, including an agent, broker,
5555 or adjuster[, or life and health insurance counselor].
5656 SECTION 4. Section 544.001, Insurance Code, is amended to
5757 read as follows:
5858 Sec. 544.001. APPLICABILITY OF SUBCHAPTER. This subchapter
5959 applies to:
6060 (1) any legal entity engaged in the business of
6161 insurance in this state, including:
6262 (A) a capital stock insurance company;
6363 (B) a mutual insurance company;
6464 (C) a title insurance company;
6565 (D) a fraternal benefit society;
6666 (E) a local mutual aid association;
6767 (F) a statewide mutual assessment company;
6868 (G) a county mutual insurance company;
6969 (H) a Lloyd's plan;
7070 (I) a reciprocal or interinsurance exchange;
7171 (J) a stipulated premium company;
7272 (K) a group hospital service corporation;
7373 (L) a farm mutual insurance company;
7474 (M) a risk retention group;
7575 (N) an eligible surplus lines insurer; and
7676 (O) an agent, broker, or adjuster[, or life and
7777 health insurance counselor]; and
7878 (2) a health maintenance organization.
7979 SECTION 5. Section 544.051, Insurance Code, is amended to
8080 read as follows:
8181 Sec. 544.051. APPLICABILITY OF SUBCHAPTER. This subchapter
8282 applies to any individual, corporation, association, partnership,
8383 or other legal entity engaged in the business of insurance,
8484 including:
8585 (1) a fraternal benefit society;
8686 (2) a county mutual insurance company;
8787 (3) a Lloyd's plan;
8888 (4) a reciprocal or interinsurance exchange;
8989 (5) a farm mutual insurance company; and
9090 (6) an agent, broker, or adjuster[, or life and health
9191 insurance counselor].
9292 SECTION 6. Section 1131.056(a), Insurance Code, is amended
9393 to read as follows:
9494 (a) In this section, "agent" includes a general agent[,
9595 subagent,] or a salesperson.
9696 SECTION 7. Section 4001.002(b), Insurance Code, is amended
9797 to read as follows:
9898 (b) This title does not apply to:
9999 (1) a resident of this state who arbitrates in the
100100 adjustment of losses between an insurer and an insured, a marine
101101 adjuster who adjusts particular or general average losses of
102102 vessels or cargoes if the adjuster paid an occupation tax of $200
103103 for the year in which the adjustment is made, or a practicing
104104 attorney at law in this state, acting in the regular transaction of
105105 the person's business as an attorney at law, who is not a local
106106 agent and is not acting as an adjuster for an insurer;
107107 (2) [a full-time home office salaried employee of an
108108 insurer authorized to engage in the business of insurance in this
109109 state, other than an employee who solicits or receives an
110110 application for the sale of insurance through an oral, written, or
111111 electronic communication in accordance with Subchapter G, Chapter
112112 4051;
113113 [(3)] an attorney in fact or the traveling salaried
114114 representative of a reciprocal or interinsurance exchange admitted
115115 to engage in the business of insurance in this state as to business
116116 transacted through the attorney in fact or salaried representative;
117117 (3) [(4)] the attorney in fact for a Lloyd's plan;
118118 (4) [(5)] the group motor vehicle insurance business
119119 or the group motor vehicle department of a company engaged in that
120120 business; or
121121 (5) [(6)] a salaried employee who is not involved in
122122 soliciting or negotiating insurance in the office of an agent and
123123 who devotes the employee's full time to clerical and administrative
124124 services, including the incidental taking of information from
125125 customers and receipt of premiums in the office of an agent, if:
126126 (A) the employee does not receive any
127127 commissions; and
128128 (B) the employee's compensation is not varied by
129129 the volume of premiums taken and received.
130130 SECTION 8. Section 4001.003(1), Insurance Code, is amended
131131 to read as follows:
132132 (1) "Agent" means a person who is an authorized agent
133133 of an insurer or health maintenance organization [, a subagent,]
134134 and any other person who performs the acts of an agent, whether
135135 through an oral, written, electronic, or other form of
136136 communication, by soliciting, negotiating, procuring, or
137137 collecting a premium on an insurance or annuity contract, or who
138138 represents or purports to represent a health maintenance
139139 organization, including a health maintenance organization offering
140140 only a single health care service plan, in soliciting, negotiating,
141141 procuring, or effectuating membership in the health maintenance
142142 organization. The term does not include:
143143 (A) a regular salaried officer or employee of an
144144 insurer, health maintenance organization, or agent who:
145145 (i) devotes substantially all of the
146146 officer's or employee's time to activities other than the
147147 solicitation of applications for insurance, annuity contracts, or
148148 memberships;
149149 (ii) does not receive a commission or other
150150 compensation directly dependent on the business obtained; and
151151 (iii) does not solicit or accept from the
152152 public applications for insurance, annuity contracts, or
153153 memberships;
154154 (B) an employer or an employer's officer or
155155 employee or a trustee of an employee benefit plan, to the extent
156156 that the employer, officer, employee, or trustee is engaged in the
157157 administration or operation of an employee benefits program
158158 involving the use of insurance or annuities issued by an insurer or
159159 memberships issued by a health maintenance organization, if the
160160 employer, officer, employee, or trustee is not directly or
161161 indirectly compensated by the insurer or health maintenance
162162 organization issuing the insurance or annuity contracts or
163163 memberships;
164164 (C) except as otherwise provided by this code, a
165165 depository institution, or an officer or employee of a depository
166166 institution, to the extent that the depository institution or
167167 officer or employee collects and remits premiums or charges by
168168 charging those premiums or charges against accounts of depositors
169169 on the orders of those depositors; or
170170 (D) a person or the employee of a person who has
171171 contracted to provide administrative, management, or health care
172172 services to a health maintenance organization and who is
173173 compensated for those services by the payment of an amount computed
174174 as a percentage of the revenues, net income, or profit of the health
175175 maintenance organization, if that method of compensation is the
176176 sole basis for subjecting that person or the employee of the person
177177 to this title.
178178 SECTION 9. Section 4001.051(b), Insurance Code, is amended
179179 to read as follows:
180180 (b) Regardless of whether the act is done at the request of
181181 or by the employment of an insurer, broker, or other person, a
182182 person is the agent of the insurer for which the act is done or risk
183183 is taken for purposes of the liabilities, duties, requirements, and
184184 penalties provided by this title or [,] Chapter 21[, or a provision
185185 listed in Section 4001.009] if the person:
186186 (1) solicits insurance on behalf of the insurer;
187187 (2) receives or transmits other than on the person's
188188 own behalf an application for insurance or an insurance policy to or
189189 from the insurer;
190190 (3) advertises or otherwise gives notice that the
191191 person will receive or transmit an application for insurance or an
192192 insurance policy;
193193 (4) receives or transmits an insurance policy of the
194194 insurer;
195195 (5) examines or inspects a risk;
196196 (6) receives, collects, or transmits an insurance
197197 premium;
198198 (7) makes or forwards a diagram of a building;
199199 (8) takes any other action in the making or
200200 consummation of an insurance contract for or with the insurer other
201201 than on the person's own behalf; or
202202 (9) examines into, adjusts, or aids in adjusting a
203203 loss for or on behalf of the insurer.
204204 SECTION 10. Section 4001.106(b), Insurance Code, is amended
205205 to read as follows:
206206 (b) The department shall issue a license to a corporation or
207207 partnership if the department determines that:
208208 (1) the corporation or partnership is:
209209 (A) organized under the laws of this state or
210210 another state; and
211211 (B) authorized by its articles of incorporation
212212 or its partnership agreement to act as an agent;
213213 (2) at least one officer of the corporation or one
214214 active partner of the partnership and all other persons performing
215215 any acts of an agent on behalf of the corporation or partnership in
216216 this state are individually licensed by the department separately
217217 from the corporation or partnership;
218218 (3) the corporation or partnership will have the
219219 ability to pay any amount up to $25,000 that it might become legally
220220 obligated to pay under a claim made against it by a customer and
221221 caused by a negligent act, error, or omission of the corporation or
222222 partnership or a person for whose acts the corporation or
223223 partnership is legally liable in the conduct of its business under
224224 this code;
225225 (4) if engaged in the business of insurance, the
226226 corporation or partnership intends to be actively engaged in that
227227 business as required under Section 4001.104(a);
228228 (5) [each location from which the corporation or
229229 partnership will engage in business in this state under authority
230230 of a license issued by the department is registered separately with
231231 the department;
232232 [(6)] the corporation or partnership has submitted the
233233 application, appropriate fees, and any other information required
234234 by the department; and
235235 (6) [(7)] an officer, director, member, manager,
236236 partner, or other person who has the right or ability to control the
237237 corporation or partnership has not:
238238 (A) had a license suspended or revoked or been
239239 the subject of any other disciplinary action by a financial or
240240 insurance regulator of this state, another state, or the United
241241 States; or
242242 (B) committed an act for which a license may be
243243 denied under Subchapter C, Chapter 4005.
244244 SECTION 11. Section 4001.153, Insurance Code, is amended to
245245 read as follows:
246246 Sec. 4001.153. APPLICATION FOR AND ISSUANCE OF TEMPORARY
247247 LICENSE. (a) Except as provided by Subsection (b), the [The]
248248 department shall issue a temporary license immediately on receipt
249249 of a properly completed application executed by the applicant in
250250 the form required by Section 4001.102 and accompanied by:
251251 (1) the nonrefundable filing fee set by the
252252 department; and
253253 (2) a certificate signed by an officer or properly
254254 authorized representative of an agent, insurer, or health
255255 maintenance organization stating that:
256256 (A) the applicant is being considered for
257257 appointment by the agent, insurer, or health maintenance
258258 organization as its full-time agent;
259259 (B) the agent, insurer, or health maintenance
260260 organization desires that the applicant be issued a temporary
261261 license; and
262262 (C) the applicant will complete training as
263263 prescribed by Section 4001.160 under the agent's, insurer's, or
264264 health maintenance organization's supervision.
265265 (b) The department may deny a license application under this
266266 subchapter if the department determines that any of the grounds
267267 exist for license denial or disciplinary action under Section
268268 4005.101 of this code or Chapter 53, Occupations Code.
269269 SECTION 12. Section 4001.155, Insurance Code, is amended to
270270 read as follows:
271271 Sec. 4001.155. TERM OF TEMPORARY LICENSE. A temporary
272272 license is valid for 180 [90] days after the date of issuance.
273273 SECTION 13. Section 4001.352, Insurance Code, is amended to
274274 read as follows:
275275 Sec. 4001.352. AUTHORITY TO ISSUE PROVISIONAL PERMIT.
276276 (a) The department may, in conjunction with a license application
277277 under Section 4001.102, issue a provisional permit to an applicant
278278 who is being considered for appointment as an agent by another
279279 agent, an insurer, or a health maintenance organization.
280280 (b) The department may not issue a provisional permit under
281281 this subchapter unless the department's average license processing
282282 time exceeds 30 days.
283283 SECTION 14. Section 4002.003(a), Insurance Code, is amended
284284 to read as follows:
285285 (a) The department may not require a person to take an
286286 examination under this chapter if the person is:
287287 (1) an applicant for the renewal of an unexpired
288288 license issued by the department;
289289 (2) an applicant whose license issued by the
290290 department expired less than one year before the date of the
291291 application, if the previous license was not denied, revoked, or
292292 suspended by the commissioner;
293293 (3) a partnership, corporation, or depository
294294 institution;
295295 (4) an applicant for a life, accident, and health
296296 license who is designated as a chartered life underwriter (CLU);
297297 (5) [an applicant for a life and health insurance
298298 counselor license who is designated as a chartered life underwriter
299299 (CLU), chartered financial consultant (ChFC), or certified
300300 financial planner (CFP);
301301 [(6)] an applicant for a property and casualty license
302302 who is designated as a chartered property casualty underwriter
303303 (CPCU);
304304 (6) [(7)] an applicant for a specialty license issued
305305 under Chapter 4055;
306306 (7) [(8)] a nonresident individual who is exempt from
307307 the examination requirement under Chapter 4056; or
308308 (8) [(9)] an applicant for a general life, accident,
309309 and health license or a life agent license who was authorized to
310310 solicit or procure insurance on behalf of a fraternal benefit
311311 society on September 1, 1999, if the applicant:
312312 (A) solicited or procured insurance on behalf of
313313 the fraternal benefit society for at least 24 months preceding
314314 September 1, 1999; and
315315 (B) does not, on or after September 1, 1999,
316316 solicit or procure:
317317 (i) insurance for any other insurer or a
318318 different fraternal benefit society;
319319 (ii) an insurance contract from anyone
320320 other than a person who is eligible for membership in the fraternal
321321 benefit society; or
322322 (iii) an interest-sensitive life insurance
323323 contract that exceeds $35,000 of coverage on an individual life,
324324 unless the applicant is designated as a "Fraternal Insurance
325325 Counselor" at the time the contract is solicited or procured.
326326 SECTION 15. Section 4004.053(a), Insurance Code, is amended
327327 to read as follows:
328328 (a) An individual who holds a general life, accident, and
329329 health license, a life agent license, [a life and health insurance
330330 counselor license,] an adjuster license, a managing general agent
331331 license, a general property and casualty license, or a personal
332332 lines property and casualty license must complete 24 hours of
333333 continuing education during the license period. If the individual
334334 holds more than one license for which continuing education is
335335 otherwise required, the individual is not required to complete more
336336 than 24 continuing education hours for all licenses during the
337337 license period. An individual who is required under rules adopted
338338 under Chapter 4008 to hold a certificate to sell a designated
339339 product or product line may use continuing education programs
340340 administered under Section 4004.151 to satisfy the continuing
341341 education requirements under this subsection.
342342 SECTION 16. Section 4004.054, Insurance Code, is amended to
343343 read as follows:
344344 Sec. 4004.054. ETHICS REQUIREMENT. Each individual who
345345 holds a license issued by the department shall complete three [two]
346346 hours of continuing education in ethics during each license renewal
347347 period.
348348 SECTION 17. Section 4051.051(a), Insurance Code, is amended
349349 to read as follows:
350350 (a) A person is required to hold a general property and
351351 casualty license if the person acts as:
352352 (1) an agent who writes property and casualty
353353 insurance for an insurer authorized to engage in the business of
354354 property and casualty insurance in this state; or
355355 (2) [a subagent of a person who holds a license as an
356356 agent under this chapter who solicits and binds insurance risks for
357357 that agent; or
358358 [(3)] an agent who writes any other kind of insurance
359359 as required by the commissioner for the protection of the insurance
360360 consumers of this state.
361361 SECTION 18. Section 4051.401, Insurance Code, is amended to
362362 read as follows:
363363 Sec. 4051.401. PERSONAL LINES PROPERTY AND CASUALTY
364364 LICENSE; LICENSE REQUIRED. A person is required to hold a personal
365365 lines property and casualty license if the person acts as[:
366366 [(1)] an agent who writes property and casualty
367367 insurance sold to individuals and families primarily for personal
368368 or household use for an insurer authorized to engage in the business
369369 of property and casualty insurance in this state[; or
370370 [(2) a subagent of a person who holds a license as an
371371 agent under this subchapter who solicits and binds insurance risks
372372 for that agent].
373373 SECTION 19. Section 4056.052, Insurance Code, is amended by
374374 adding Subsection (c) to read as follows:
375375 (c) A license issued under this section shall be
376376 automatically suspended, canceled, or revoked if the licensee's
377377 home state suspends, cancels, or revokes the licensee's
378378 corresponding resident license.
379379 SECTION 20. Section 4056.059(b), Insurance Code, is amended
380380 to read as follows:
381381 (b) A nonresident agent may apply to the department for a
382382 comparable license for residents of this state. An application
383383 must include:
384384 (1) a notification of the agent's change of address and
385385 contact information; and
386386 (2) [a clearance letter from the state authority of
387387 the state that issued the agent's prior resident license
388388 demonstrating the agent's good standing with that authority; and
389389 [(3)] fingerprint forms in the format prescribed by
390390 the department, which may be electronic.
391391 SECTION 21. Section 4101.002(b), Insurance Code, is amended
392392 to read as follows:
393393 (b) A nonresident adjuster who is also an employee of an
394394 insurer that is licensed in this state is not required to hold a
395395 license under this chapter to:
396396 (1) adjust a single loss in this state;
397397 (2) adjust losses arising out of a catastrophe common
398398 to all those losses; or
399399 (3) act as a temporary substitute for a licensed
400400 adjuster.
401401 SECTION 22. Section 4102.054(a), Insurance Code, is amended
402402 to read as follows:
403403 (a) The commissioner may issue a nonresident license to an
404404 applicant for a public insurance adjuster license who is not a
405405 permanent resident of this state on determining that the
406406 application meets the requirements of this chapter, the nonresident
407407 license application fee has been paid, and the applicant is an
408408 individual who:
409409 (1) is at least 18 years of age;
410410 (2) except as provided by Section 4102.058, has
411411 passed, to the satisfaction of the commissioner, an examination
412412 approved by the commissioner and of sufficient scope as prescribed
413413 by Section 4102.057;
414414 (3) is self-employed as a public insurance adjuster or
415415 associated with or employed by a public insurance adjusting firm or
416416 other public insurance adjuster;
417417 (4) is trustworthy and of a moral character that
418418 reasonably ensures that the applicant will conduct the business of
419419 a public insurance adjuster fairly and in good faith without
420420 detriment to the public;
421421 (5) has never been convicted of a felony or, if
422422 convicted of a felony, has received a full pardon from that
423423 conviction and is otherwise relieved from any disabilities
424424 connected with that conviction;
425425 (6) has sufficient experience or training relating to
426426 the assessment of:
427427 (A) real and personal property values; and
428428 (B) physical loss of or damage to real or
429429 personal property that may be the subject of insurance and claims
430430 under insurance;
431431 (7) is sufficiently informed as to the terms and
432432 effects of the types of insurance contracts that provide coverage
433433 on real and personal property;
434434 (8) possesses knowledge and experience adequate to
435435 enable the applicant to engage in the business of a public insurance
436436 adjuster fairly and without injury to the public or any member of
437437 the public with whom the applicant may have business as a public
438438 insurance adjuster;
439439 (9) [if currently licensed as a resident public
440440 insurance adjuster in the applicant's state of residence, provides
441441 with the application a certificate or letter of authorization from
442442 the licensing authority of the applicant's state of residence that:
443443 [(A) states that the applicant holds a current or
444444 comparable license to act as a public insurance adjuster; and
445445 [(B) meets the requirements of Subsection (b);
446446 [(10) if the applicant's state of residence does not
447447 require licensure as a resident public insurance adjuster and the
448448 applicant has been licensed as an adjuster, agent, broker, or other
449449 insurance representative in the applicant's state of residence or
450450 any other state within the past three years, provides with the
451451 application a certificate or letter of authorization from the
452452 licensing authority that:
453453 [(A) states that the applicant holds or has held
454454 a license to act as an adjuster, agent, broker, or other insurance
455455 representative; and
456456 [(B) meets the requirements of Subsection (c);
457457 [(11)] files proof of financial responsibility in
458458 accordance with Section 4102.105; and
459459 (10) [(12)] complies with any other requirements
460460 under applicable state law, including provision of a complete set
461461 of fingerprints on request, as provided by Section 4001.103.
462462 SECTION 23. Section 4102.104, Insurance Code, is amended by
463463 amending Subsection (a) and adding Subsections (a-1) and (a-2) to
464464 read as follows:
465465 (a) For purposes of this section, "contract" means the
466466 contract between the insured and the public insurance adjuster.
467467 (a-1) The total commission that a public insurance adjuster
468468 may receive includes expenses, direct costs, or any other costs
469469 accrued by the public insurance adjuster from the date the insured
470470 signed the contract to the date the insured receives final payment
471471 on the claim.
472472 (a-2) Except as provided by Subsection (b), the [a license
473473 holder may receive a commission for service provided under this
474474 chapter consisting of an hourly fee, a flat rate, a percentage of
475475 the total amount paid by an insurer to resolve a claim, or another
476476 method of compensation. The] total commission received may not
477477 exceed:
478478 (1) 10 percent of the total amount paid by the insurer
479479 to settle a claim, if the insured signed the contract before the
480480 insurer paid or offered to pay any amount to settle the claim; or
481481 (2) 10 percent of the amount equal to the total amount
482482 paid by the insurer to settle the claim minus the amount of any open
483483 offer before the insured signed the contract minus any payments
484484 initiated or made before the insured signed the contract, if the
485485 insured signed the contract after the insurer paid or offered to pay
486486 any amount to settle [insurance settlement on] the claim.
487487 SECTION 24. The following provisions of the Insurance Code
488488 are repealed:
489489 (1) Section 4001.003(9);
490490 (2) Sections 4001.009 and 4001.109;
491491 (3) Section 4001.156(a);
492492 (4) Section 4001.205;
493493 (5) Subchapters D and G, Chapter 4051;
494494 (6) Chapter 4052;
495495 (7) Section 4056.004;
496496 (8) Sections 4102.054(b) and (c); and
497497 (9) Section 4102.114(d).
498498 SECTION 25. (a) In this section, "department" means the
499499 Texas Department of Insurance.
500500 (b) On the effective date of this Act, the department shall
501501 convert all active insurance services representative licenses
502502 issued before January 1, 2021, to general property and casualty
503503 insurance agent licenses. Licensees must comply with all
504504 requirements of the converted license to keep the license active
505505 and in good standing. Any insurance services representative
506506 licenses issued on or after January 1, 2021, through the effective
507507 date of this Act may not be renewed on expiration of the license and
508508 may not convert to another license type.
509509 (c) On the effective date of this Act, the department shall
510510 convert all active life and health insurance counselor licenses
511511 issued before January 1, 2021, to general life and health agent
512512 licenses. Converted licensees must comply with all requirements of
513513 the converted license to keep the license active and in good
514514 standing. Any life and health insurance counselor licenses issued
515515 on or after January 1, 2021, through the effective date of this Act
516516 may not be renewed on expiration of the license and may not convert
517517 to another license type.
518518 (d) On the effective date of this Act, any existing home
519519 office salaried employee registration is void and ceases to exist.
520520 Any former home office salaried employee registrant engaging in the
521521 business of insurance after the effective date of this Act must
522522 follow the requirements of the Insurance Code and any other
523523 applicable laws of this state.
524524 SECTION 26. This Act takes effect September 1, 2021.