Bill Text: TX SB1196 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the applicability of the insurance laws of this state to certain conduct.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-12 - Referred to Business & Commerce [SB1196 Detail]

Download: Texas-2013-SB1196-Introduced.html

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By: Taylor S.B. No. 1196

A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the insurance laws of this state to
certain conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.001(d), Insurance Code, is amended
to read as follows:
(d) It is also a concern that this state not become a safe
harbor for persons or insurers engaged in the unauthorized business
of insurance in this state, regardless of whether the insureds or
other persons affected by the unauthorized business of insurance
are residents of this state. This subsection is not intended to:
(1) expand the authority of the department to regulate
the activities of insurers licensed or authorized to engage in
business in this state or in another state or jurisdiction; or
(2) permit the department to use its resources to
investigate alleged violations of law by those licensed or
authorized insurers on behalf of any foreign jurisdiction.
SECTION 2. Section 101.051(c), Insurance Code, is amended
to read as follows:
(c) An act described by Subsection (b) by an unlicensed or
unauthorized person or unlicensed or unauthorized insurer that
occurs in this state and that affects a person in another state, the
District of Columbia, or a territory of the United States [or
jurisdiction] constitutes the business of insurance in this state.
The terms "unlicensed" and "unauthorized" in this subsection are
not intended to authorize the department to regulate activities in
any other state or foreign jurisdiction of licensed or authorized
insurers.
SECTION 3. (a) Section 101.051(c), Insurance Code, as
amended by this Act, applies only to conduct engaged in on or after
the effective date of this Act.
(b) Conduct engaged in before the effective date of this Act
is governed by the law applicable to the conduct immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.