Bill Text: TX HB1947 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to licenses for insurance agents and adjusters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2015-05-27 - Placed on intent calendar [HB1947 Detail]
Download: Texas-2015-HB1947-Comm_Sub.html
By: Meyer, Fallon | H.B. No. 1947 | |
(Senate Sponsor - Taylor of Collin) | ||
(In the Senate - Received from the House April 28, 2015; | ||
May 19, 2015, read first time and referred to Committee on | ||
Administration; May 24, 2015, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 0; | ||
May 24, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1947 | By: Schwertner |
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relating to licenses for insurance agents and adjusters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 4001.006(a) and (b), Insurance Code, | ||
are amended to read as follows: | ||
(a) The department shall collect from each agent of an | ||
insurer writing insurance in this state under this code: | ||
(1) a nonrefundable license application fee; and | ||
(2) a nonrefundable appointment fee for each | ||
appointment of the agent by an insurer. | ||
(b) The department shall deposit the fees described by | ||
Subsection (a), together with other license application fees, | ||
examination fees, and license renewal application fees, to the | ||
credit of the Texas Department of Insurance operating account. | ||
SECTION 2. Section 4003.001, Insurance Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) Unless a staggered renewal system is adopted under | ||
Section 4003.002, each [ |
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department under Chapter 981 or Subtitles A, B, or C and not | ||
suspended or revoked by the commissioner expires on: | ||
(1) the second anniversary of the date the license is | ||
issued to or renewed by a person that is not an individual; or | ||
(2) except as provided in Subsection (c): | ||
(A) for a license issued or renewed in an | ||
even-numbered year, the individual license holder's birthday each | ||
even-numbered year; or | ||
(B) for a license issued or renewed in an | ||
odd-numbered year, the individual license holder's birthday each | ||
odd-numbered year. | ||
(c) If a person holds more than one license, all licenses | ||
issued to the person expire on the earliest expiration date of the | ||
licenses held. Thereafter, all licenses expire in accordance with | ||
Subsection (a). | ||
(d) Notwithstanding Section 4003.002(b), the commissioner | ||
may not prorate the initial application fee for a license based on | ||
the expiration period of the license under Subsection (c). | ||
SECTION 3. Section 4003.008(b), Insurance Code, is amended | ||
to read as follows: | ||
(b) The person must pay to the department a fee equal to the | ||
license application fee. | ||
SECTION 4. Subchapter B, Chapter 4004, Insurance Code, is | ||
amended by adding Section 4004.055 to read as follows: | ||
Sec. 4004.055. CONSEQUENCES OF FAILURE TO COMPLETE | ||
CONTINUING EDUCATION REQUIREMENT. (a) The department may not | ||
renew a license issued under this title if the license holder fails | ||
to: | ||
(1) complete an applicable continuing education | ||
requirement not later than the 90th day after the last day of the | ||
licensing period; or | ||
(2) pay an applicable fine related to the failure to | ||
timely complete continuing education. | ||
(b) The department may not issue a new license under this | ||
title to an individual who was previously licensed under this title | ||
if the individual fails to: | ||
(1) provide evidence of completion of an applicable | ||
continuing education requirement for the expired, nonrenewed, | ||
canceled, or revoked license; or | ||
(2) pay an applicable fine related to the failure to | ||
timely complete continuing education. | ||
(c) Completion of continuing education after expiration of | ||
a license is not a defense in a disciplinary action under Section | ||
4005.101, Section 4005.109, or another provision of this code | ||
against an individual who failed to complete continuing education | ||
as required by this chapter. | ||
SECTION 5. Sections 4101.057(a), (b), and (d), Insurance | ||
Code, are amended to read as follows: | ||
(a) Before issuing or renewing a license under this chapter, | ||
the department shall set and collect a nonrefundable license | ||
application fee in an amount not to exceed $50. | ||
(b) An applicant for a renewal license must remit the fee | ||
required by Subsection (a) before the expiration of the [ |
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applicant's license has been expired for not more than 90 days, an | ||
applicant for a renewal license must remit, in addition to the fee | ||
assessed under Subsection (a), a fee equal to one-half of the | ||
original application [ |
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(d) Before issuing a duplicate license requested by an | ||
adjuster, the department shall set and collect a duplicate license | ||
application fee. | ||
SECTION 6. Section 4101.061, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 4101.061. EXPIRATION; RENEWAL. Expiration and | ||
renewal of a license issued under this chapter are governed by | ||
Chapter 4003, Section 4004.055, rules adopted by the commissioner, | ||
and [ |
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law of this state. | ||
SECTION 7. Section 4102.062, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 4102.062. EXPIRATION. A license issued under this | ||
chapter expires as provided by Chapter 4003 [ |
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the commissioner. | ||
SECTION 8. Section 4102.064, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 4102.064. RENEWAL OF UNEXPIRED LICENSE. (a) A license | ||
holder may renew a license that has not expired and has not been | ||
suspended or revoked by filing with the department a properly | ||
completed renewal application, in the form prescribed by the | ||
commissioner, that demonstrates continued compliance with the | ||
license requirements imposed under this chapter or adopted by rule | ||
by the commissioner. The completed renewal application must be | ||
accompanied by: | ||
(1) a renewal application fee in the amount determined | ||
by the commissioner under Section 4102.066(b); and | ||
(2) evidence of compliance with the continuing | ||
education requirements imposed under Section 4102.109. | ||
(b) A license holder must submit the completed renewal | ||
application, evidence of compliance with the continuing education | ||
requirements, and the renewal application fee to the commissioner | ||
not later than the 30th day before the second anniversary date of | ||
the license. | ||
(c) On the filing of a completed renewal application, | ||
renewal application fee, and, if applicable, evidence of compliance | ||
with the continuing education requirements, the original license | ||
continues in force until: | ||
(1) the department issues the renewal license; [ |
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(2) the license is not renewed under Section 4004.055; | ||
or | ||
(3) the commissioner issues an order revoking the | ||
license. | ||
SECTION 9. Sections 4102.065(a), (b), and (d), Insurance | ||
Code, are amended to read as follows: | ||
(a) A person whose license has been expired for 90 days or | ||
less may renew the license by: | ||
(1) submitting to the department: | ||
(A) a completed renewal application in the form | ||
prescribed by the commissioner; and | ||
(B) evidence of compliance with the continuing | ||
education requirements and eligibility for renewal under Section | ||
4004.055; and | ||
(2) paying to the department the required renewal | ||
application fee and an additional fee that is equal to one-half of | ||
the renewal application fee for the license. | ||
(b) Except as provided by Section 4004.055, a [ |
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whose license has been expired for more than 90 days but less than | ||
one year may not renew the license but is entitled to a new license | ||
without taking the applicable examination if the person submits to | ||
the department: | ||
(1) a new application; | ||
(2) evidence of compliance with the continuing | ||
education requirements; | ||
(3) the license application fee; and | ||
(4) an additional fee equal to one-half of the license | ||
application fee. | ||
(d) The department may renew without reexamination an | ||
expired license of a person who was licensed in this state, moved to | ||
another state, and is currently licensed and has been in continual | ||
practice in the other state up to and including the date of the | ||
application. The person must pay to the department a fee that is | ||
equal to the license application fee. | ||
SECTION 10. (a) The change in law made by this Act applies | ||
only to a license issued or renewed on or after January 1, 2016. A | ||
license issued or renewed before January 1, 2016, is governed by the | ||
law as it existed immediately before the effective date of this Act, | ||
and that law is continued in effect for that purpose. | ||
(b) On January 1, 2016, each license held on that date under | ||
Chapter 981, Insurance Code, and Subtitles A, B, and C, Title 13, | ||
Insurance Code, expires as follows: | ||
(1) each license issued to a person that is not an | ||
individual expires on the expiration date of the license with the | ||
longest remaining term held by that person on January 1, 2016; | ||
(2) each license issued to an individual expires, or | ||
may be extended to expire, on the individual's next birthday after | ||
the expiration date of the license with the longest remaining term | ||
held by that person on January 1, 2016; and | ||
(3) after a license expires as described by | ||
Subdivision (1) or (2) of this subsection, the license renews and | ||
expires as provided by Section 4003.001, Insurance Code, as amended | ||
by this Act. | ||
(c) To the extent that the term of an existing license is | ||
extended under this section, the department may not charge an | ||
additional fee or require a renewal application before the renewal | ||
date established under this section. | ||
(d) Except as provided by Subsection (e) of this section, | ||
the change in law made by this Act does not change the continuing | ||
education requirement for a license issued or renewed on or after | ||
the effective date of this Act. Except as otherwise provided by | ||
provisions of this Act, the continuing education requirement for a | ||
license issued or renewed before the effective date of this Act is | ||
governed by the law as it existed immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
(e) A licensee may not be required to complete additional | ||
continuing education hours for a license during any period the | ||
license was extended under this section beyond its original | ||
expiration date. | ||
(f) Section 4004.055, Insurance Code, as added by this Act, | ||
applies only to completion of continuing education requirements for | ||
a license issued or renewed on or after November 1, 2015. Completion | ||
of continuing education requirements for a license issued or | ||
renewed before November 1, 2015, is governed by the law as it | ||
existed immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2015. | ||
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