Bill Text: TX HB682 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the election and qualifications of the commissioner of insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB682 Detail]
Download: Texas-2013-HB682-Introduced.html
83R2647 AJA-D | ||
By: Johnson | H.B. No. 682 |
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relating to the election and qualifications of the commissioner of | ||
insurance. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.022, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 31.022. ELECTION [ |
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commissioner is elected by the qualified voters at the general | ||
election for state and county officers for a term of four years. | ||
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SECTION 2. Section 31.023, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 31.023. QUALIFICATIONS. The commissioner must: | ||
(1) be at least 30 years of age [ |
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(2) be a United States citizen [ |
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(3) have resided in this state for at least five years | ||
immediately preceding the date of the commissioner's election; and | ||
(4) hold a bachelor's degree [ |
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SECTION 3. Section 31.041(c), Insurance Code, is amended to | ||
read as follows: | ||
(c) A person appointed as an associate or deputy | ||
commissioner or to hold an equivalent position must have at least | ||
five years of [ |
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government or as a practicing attorney or certified public | ||
accountant [ |
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related to the position to be held. | ||
SECTION 4. Sections 33.002(a) and (b), Insurance Code, are | ||
amended to read as follows: | ||
(a) A person is not eligible to serve [ |
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commissioner if the person, the person's spouse, or any other | ||
person who resides in the same household as the person: | ||
(1) is registered, certified, or licensed by the | ||
department; | ||
(2) is employed by or participates in the management | ||
of a business entity or other organization regulated by or | ||
receiving funds from the department; | ||
(3) owns or controls, directly or indirectly, more | ||
than a 10 percent interest in a business entity or other | ||
organization regulated by or receiving funds from the department; | ||
or | ||
(4) uses or receives a substantial amount of tangible | ||
goods, services, or funds from the department, other than | ||
compensation or reimbursement authorized by law. | ||
(b) A person is not eligible to serve [ |
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commissioner if the person: | ||
(1) is a stockholder, director, officer, attorney, | ||
agent, or employee of an insurance company, insurance agent, | ||
insurance broker, or insurance adjuster; or | ||
(2) is directly or indirectly interested in a business | ||
described by Subdivision (1). | ||
SECTION 5. Section 961.002(b), Insurance Code, is amended | ||
to read as follows: | ||
(b) The following provisions of this code apply to a | ||
nonprofit legal services corporation in the same manner that they | ||
apply to an insurer or a person engaged in the business of | ||
insurance, to the extent the provisions do not conflict with this | ||
chapter: | ||
(1) Articles 1.09-1 and 21.47; | ||
(2) Sections 31.002, 31.004, 31.007, 31.021, 31.022, | ||
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33.006, 36.108, 38.001, 81.004, 201.005, 201.055, 401.051, | ||
401.052, 401.054-401.062, 401.103-401.106, 401.151, 401.152, | ||
401.155, 401.156, 801.001, 801.002, 801.051-801.055, 801.057, | ||
801.101, 801.102, 841.251, and 841.252; | ||
(3) Subchapter B, Chapter 31; | ||
(4) Subchapters A and C, Chapter 32; | ||
(5) Subchapter D, Chapter 36; | ||
(6) Subchapter A, Chapter 401; | ||
(7) Subchapter A, Chapter 542; | ||
(8) Subchapter A, Chapter 805; and | ||
(9) Chapters 86, 402, 441, 443, 481, 541, 802, and 824. | ||
SECTION 6. Section 52.092(c), Election Code, is amended to | ||
read as follows: | ||
(c) Statewide offices of the state government shall be | ||
listed in the following order: | ||
(1) governor; | ||
(2) lieutenant governor; | ||
(3) attorney general; | ||
(4) comptroller of public accounts; | ||
(5) commissioner of the General Land Office; | ||
(6) commissioner of agriculture; | ||
(7) commissioner of insurance; | ||
(8) railroad commissioner; | ||
(9) [ |
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(10) [ |
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(11) [ |
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appeals; | ||
(12) [ |
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SECTION 7. Section 504.401(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) In this section, "state official" means: | ||
(1) a member of the legislature; | ||
(2) the governor; | ||
(3) the lieutenant governor; | ||
(4) a justice of the supreme court; | ||
(5) a judge of the court of criminal appeals; | ||
(6) the attorney general; | ||
(7) the commissioner of the General Land Office; | ||
(8) the comptroller; | ||
(9) a member of the Railroad Commission of Texas; | ||
(10) the commissioner of agriculture; | ||
(11) the commissioner of insurance; | ||
(12) the secretary of state; or | ||
(13) [ |
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SECTION 8. Sections 31.024 and 31.027, Insurance Code, are | ||
repealed. | ||
SECTION 9. (a) The first general election for commissioner | ||
of insurance shall be held November 4, 2014, for a four-year term | ||
beginning on January 1, 2015. | ||
(b) Until the first commissioner of insurance elected under | ||
this Act takes office, the commissioner serving on the effective | ||
date of this Act shall, unless otherwise removed as provided by law, | ||
continue in office under the prior law that governed the office, and | ||
that prior law is continued in effect for that purpose. If on | ||
January 1, 2015, there is a vacancy in the office of commissioner of | ||
insurance created under this Act because the first | ||
commissioner-elect has died or refuses or is permanently unable to | ||
serve, the commissioner serving on that date shall, unless | ||
otherwise removed as provided by law, continue in office under the | ||
prior law that governed the office until the governor fills the | ||
vacancy by appointment in the manner provided by law. The prior law | ||
that governed the office of the commissioner of insurance is | ||
continued in effect for that purpose. | ||
SECTION 10. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2015. | ||
(b) Sections 1, 6, and 9 of this Act take effect September 1, | ||
2013. |