HB 591 CS (2005) -  Insurance Agents and Agencies

by Rivera (CO-SPONSORS) Goldstein; Kendrick; Zapata
Revises provisions of law relating to insurance agents and agencies to: proscribe state agencies and political subdivisions from prohibiting or excluding licensed insurance agents from competing or negotiating for insurance products or plans; include insurance agencies among entities the Department of Financial Services is authorized to investigate; authorize the department or the Office of Insurance Regulation to electronically scan information; clarify a license fee; include insurance agencies among entities subject to regulation by the Chief Financial Officer; delay the effective date by which agencies must obtain a license; provide that an agency may file for registration in lieu of licensure; impose a fine on any agency that fails to timely apply for licensure or registration; specify licensure and registration application requirements for insurance entities other than insurance agencies; revise insurance agency licensure application requirements; revise exceptions to examination requirements and revise continuing education requirements; include insurance agencies under provisions prohibiting furnishing supplies to certain unlicensed agents and imposing civil liability; provide for renewal of licenses; include insurance agencies under an action reporting requirement; include insurance agencies under provisions providing funds reporting and accounting requirements and imposing criminal penalties; include insurance agencies under provisions prohibiting rebating; prohibit insurance producers and affiliates from accepting or receiving compensation from insurers or third parties; provide an exception relating to disclosures; specify that disclosures need not be made by specified persons; include insurance agencies under provisions authorizing the department to inquire into improper conduct; authorize the department to disapprove the use of names; provide additional grounds for the department to take compulsory and discretionary adverse insurance agency license actions; provide that the existence of grounds for adverse action against a licensed agency does not constitute grounds for adverse action against another licensed agency; clarify a ground for adverse actions against licenses or appointments; specify that requests for reinstatements are subject to denial and certain waiting periods; require applicants for additional licenses or appointments to apply and qualify; revise agent requirements for branch agencies to include life or health agents; specify an age requirement for applicants for a customer representative's license; provide that falsely representing a contract to be a contract of reinsurance is an unfair trade practice; specify prohibited activities for public adjusters; limit a public adjuster's commissions; provide requirements for public adjusters' contracts; provide general ethical requirements for public adjusters; limit the authority of a public adjuster to adjust total loss claims; prohibit persons from receiving unearned premiums from flood insurance carriers; repeal provisions relating to primary agents.
Effective Date: October 1, 2005.
Last Event: Died on Second Reading Calendar, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 1912 (Ch. 2005-257) on Friday, May 6, 2005 11:49 PM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Commerce Council 4/26/2005 4:24:30 PM
Chamber: House Committee: Insurance Committee 3/28/2005 9:12:39 AM
Chamber: House Committee: Insurance Committee 3/21/2005 10:58:43 AM
Chamber: House Committee: Insurance Committee 3/17/2005 12:22:38 PM --UnPublished--

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died on Second Reading Calendar, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 1912 (Ch. 2005-257) Time: 05/06/2005 - 11:49 PM Member: Committee: Version:
Event: H Amendment 478317 filed Time: 05/05/2005 - 11:18 AM Member: Committee: Version: c2
Event: H Amendment 044749 filed Time: 05/02/2005 - 12:15 PM Member: Committee: Version: c2
Event: H Amendment 338823 filed Time: 05/02/2005 - 12:14 PM Member: Committee: Version: c2
Event: H Amendment 585429 filed Time: 04/29/2005 - 2:44 PM Member: Committee: Version: c2
Event: H Amendment 611681 filed Time: 04/29/2005 - 1:24 PM Member: Committee: Version: c2
Event: H Added to Second Reading Calendar Time: 04/26/2005 - 5:46 PM Member: Committee: Version: c2
Event: H Bill released to House Calendar Time: 04/26/2005 - 5:46 PM Member: Committee: Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 04/26/2005 - 4:38 PM Member: Committee: Version: c1
Event: H Reported out of Commerce Council Time: 04/26/2005 - 4:25 PM Member: Committee: Commerce Council Version: c1
Event: H Favorable with CS by Commerce Council(Amended) Time: 04/21/2005 - 12:00 PM Member: Committee: Commerce Council Version: c1
Event: H Added to Commerce Council agenda Time: 04/20/2005 - 6:44 PM Member: Committee: Commerce Council Version: c1
Event: H Added to Commerce Council agenda Time: 04/20/2005 - 6:44 PM Member: Committee: Commerce Council Version: c1
Event: H Now in Commerce Council Time: 04/20/2005 - 2:02 PM Member: Committee: Commerce Council Version: c1
Event: H Withdrawn from State Administration Appropriations Committee Time: 04/20/2005 - 2:02 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Added to Commerce Council agenda Time: 04/19/2005 - 4:13 PM Member: Committee: Commerce Council Version: c1
Event: H Now in State Administration Appropriations Committee Time: 03/29/2005 - 8:25 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Remaining referral: Commerce Council Time: 03/29/2005 - 8:25 PM Member: Committee: Commerce Council Version: c1
Event: H Remaining referral: State Administration Appropriations Committee Time: 03/29/2005 - 8:25 PM Member: Committee: State Administration Appropriations Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 03/28/2005 - 9:56 AM Member: Committee: Version: __
Event: H Reported out of Insurance Committee Time: 03/28/2005 - 9:11 AM Member: Committee: Insurance Committee Version: __
Event: H Favorable with CS by Insurance Committee Time: 03/17/2005 - 5:45 PM Member: Committee: Insurance Committee Version: __
Event: H Added to Insurance Committee agenda Time: 03/15/2005 - 4:16 PM Member: Committee: Insurance Committee Version: __
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Now in Insurance Committee Time: 02/07/2005 - 10:35 AM Member: Committee: Insurance Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: Commerce Council Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: State Administration Appropriations Committee Version:
Event: H Bill referred to committee Time: 02/07/2005 - 10:35 AM Member: Committee: Insurance Committee Version:
Event: H Filed Time: 01/25/2005 - 11:39 AM Member: Rivera Committee: Version: