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Texas Department of Insurance
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SUBCHAPTER K. AGENTS AND ADJUSTERS CONTINUING EDUCATION PROGRAM

28 TAC §§19.1007-19.1013

SUBCHAPTER V. REGISTRATION OF FULL TIME HOME OFFICE SALARIED EMPLOYEES

28 TAC §19.3006

The Texas Department of Insurance proposes repeal of §§19.1007-19.1013 and §19.3006 concerning continuing education for agents, adjusters and full-time home office salaried employees. Repeal of these sections is necessary to implement legislation enacted by the 77th Legislature in Senate Bill 414. The sections will be renumbered, reorganized, and revised as §19.1007 - 19.1015 and §19.1019. Simultaneous to this proposed repeal, proposed new §§19.1007 -19.1019 and amendments to §§19.1001 - 19.1006 are published elsewhere in this issue of the Texas Register.

Matt Ray, deputy commissioner, licensing division, has determined that during the first five years that the proposed repeal is in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering the sections. There will be no measurable effect on local employment or the local economy as a result of the proposal.

Mr. Ray has also determined that for each year of the first five years the repeal of the sections is in effect, the public benefit anticipated as a result of administration and enforcement of the repealed sections will be the maintenance of a quality continuing education system for agents, adjusters, and full-time home office salaried employees. There is no anticipated economic cost to persons who are required to comply with the proposed repeal. There is no anticipated difference in cost of compliance between small and large businesses.

To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on October 14, 2002 to Gene C. Jarmon, Acting General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be simultaneously submitted to Matt Ray, Deputy Commissioner, Licensing Division, Mail Code 107-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any requests for a public hearing should be submitted separately to the Office of the Chief Clerk.

The repeal of the sections is proposed under Insurance Code Articles 21.01; 21.01-1; 21.01-2; 21.07-1; 21.07-2; 21.07-4; 21.11; 21.14; 21.14-2; and §36.001. Insurance Code Article 21.01 §§3(1) and 4 make Insurance Code Chapter 21, Subchapter A, applicable to all agent and adjuster license types and authorizes the commissioner to adopt rules necessary to implement the subchapter. Article 21.01-1 §§1-3 establish examination standards and requirements and a continuing education requirement for license holders and authorizes the commissioner to set by rule extensions of time to complete continuing education, exemptions from continuing education, and standards and fees for certification of courses and providers. Article 21.01-2 establishes prohibited activities, license revocation, agent discipline, and judicial review of department actions. Article 21.07-1 §§5, 5B, and 6 provide for continuing education requirements and exemptions for funeral prearrangement and life insurance not exceeding $15,000 agents. Article 21.07-2 §§9 and 10 apply continuing education requirements to life and health insurance counselors and authorize the commissioner to adopt rules. Article 21.07-4 §§7A, 12, and 24 establish continuing education requirements for adjusters and authorize the commissioner to adopt rules. Article 21.11 §§2 and 5 provide continuing education standards for nonresidents and authorize the commissioner to adopt rules. Article 21.14 §§7, 8 and 9 establish a continuing education requirement for full-time home office salaried employees, insurance service representatives, and county mutual agents. Article 21.14 - 2 §§2 and 5 concern the acceptance of continuing education hours certified under the guidelines of the Federal Crop Insurance Corporation and authorize the commissioner to adopt rules. Section 36.001 provides that the Commissioner of Insurance may adopt rules to execute the duties and functions of the Texas Department of Insurance only as authorized by statute.

The following statutes are affected by the proposal: Insurance Code Articles 21.01; 21.01-1; 21.01-2; 21.07-1; 21.07-2; 21.07-4; 21.11; 21.14; 21.14-2.

SUBCHAPTER K. AGENTS AND ADJUSTERS CONTINUING EDUCATION PROGRAM

§19.1007. Types of Courses.

§19.1008. Hours of Credit.

§19.1009. Course Requirements for Successful Completion.

§19.1010. Obtain Forms.

§19.1011. Licensee Compliance.

§19.1012. Provider Compliance.

§19.1013. Failure to Comply.

SUBCHAPTER V. REGISTRATION OF FULL TIME HOME OFFICE SALARIED EMPLOYEES

§19.3006. Continuing Education Requirements.

For more information, contact: ChiefClerk@tdi.texas.gov