reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter E. Appointment of Agent › Section 4001.204. Authority to Act as Agent Before Notice of Appointment

Sec. 4001.204.  AUTHORITY TO ACT AS AGENT BEFORE NOTICE OF APPOINTMENT.  An agent appointed under this subchapter may act on behalf of the appointing insurer before the department receives the notice filed under Section 4001.202(b).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter E. Appointment of Agent › Section 4001.206. Termination of Appointment of Agent for Cause; Liability

Sec. 4001.206.  TERMINATION OF APPOINTMENT OF AGENT FOR CAUSE;  LIABILITY.  (a)  On termination of the appointment of an agent for cause, the insurer or agent shall immediately file with the department a statement of the facts relating to the termination of the appointment and the date and cause of the termination.  On receipt of the statement, the department shall record the termination of the appointment of that agent to represent the insurer in this state.
(b)  A document, record, statement, or other information required to be made or disclosed to the department under this section is a privileged and confidential communication and is not admissible in evidence in a court action or proceeding except under a subpoena issued by a court of record.
(c)  A person, including an insurer or an employee or agent of an insurer, who provides without malice information required to be disclosed under this section is not liable for providing the information.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter F. Regulation of Agents › Section 4001.251. Incorporation of Sole Proprietorship

Sec. 4001.251.  INCORPORATION OF SOLE PROPRIETORSHIP.  An individual engaged in business as a sole proprietorship under a license issued under this title may incorporate.  The corporation does not have greater license authority than that granted to the license holder in the holder's individual capacity.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter F. Regulation of Agents › Section 4001.252. Notification to Department of Certain Information

Sec. 4001.252.  NOTIFICATION TO DEPARTMENT OF CERTAIN INFORMATION.  (a)  An individual licensed as an agent shall notify the department on a monthly basis of:
(1)  a change of the license holder's mailing address;
(2)  a felony conviction of the license holder;  or
(3)  an administrative action taken against the license holder by a financial or insurance regulator of this state, another state, or the United States.
(b)  A corporation or partnership licensed as an agent under this title shall file under oath, on a form developed by the department, biographical information for:
(1)  each executive officer, director, or unlicensed partner who administers the entity's operations in this state;
(2)  each shareholder who is in control of the corporation or partner who has the right or ability to control the partnership;  and
(3)  if the corporation or partnership is owned, in whole or in part, by another entity, each individual who is in control of the parent entity.
(c)  A corporation or partnership shall notify the department not later than the 30th day after the date of:
(1)  a felony conviction of a licensed agent of the entity or an individual associated with the entity who is required to file biographical information with the department;
(2)  an event for which notification would be required under Section 81.003;  or
(3)  the addition or removal of an officer, director, partner, member, or manager.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter F. Regulation of Agents › Section 4001.254. Maintenance of Qualifications

Sec. 4001.254.  MAINTENANCE OF QUALIFICATIONS.  The department shall, in the manner provided by Subchapter C, Chapter 4005, revoke, suspend, or refuse to renew the license of a license holder who does not maintain the qualifications necessary to obtain the license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter F. Regulation of Agents › Section 4001.255. Maintenance of Records

Sec. 4001.255.  MAINTENANCE OF RECORDS.  An agent shall maintain all insurance records, including all records relating to customer complaints, separate from the records of any other business in which the agent may be engaged.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter G. Other Persons Who May Share in Profits of Agency › Section 4001.301. Profits After Death of Agent Who Is Member of Agency Partnership

Sec. 4001.301.  PROFITS AFTER DEATH OF AGENT WHO IS MEMBER OF AGENCY PARTNERSHIP.  On the death of an agent who is a member of an agency partnership, the surviving spouse and children, if any, of the deceased partner, or a trust for the surviving spouse and children, may share in the profits of the agency partnership during the lifetime of the surviving spouse or children, as the case may be, as provided by:
(1)  a written partnership agreement;  or
(2)  in the absence of a written agreement, an agreement by the surviving partner or partners and the surviving spouse, the trustee, and the legal representative of the surviving children.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter G. Other Persons Who May Share in Profits of Agency › Section 4001.302. Profits After Death of Agent Who Is Sole Proprietor

Sec. 4001.302.  PROFITS AFTER DEATH OF AGENT WHO IS SOLE PROPRIETOR.  (a)  On the death of an agent who is a sole proprietor, unless otherwise provided by the probated will of the deceased agent, the surviving spouse and children, if any, of the deceased agent, or a trust for the surviving spouse or children, may share in the profits of the agency business of the deceased agent during the lifetime of the surviving spouse and children if the agency business is continued by an agent.
(b)  The surviving spouse and children or trust is not required to qualify as an agent to share in the profits of the agency but may not perform an act of an agent in connection with the agency business without first being licensed as an agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter G. Other Persons Who May Share in Profits of Agency › Section 4001.303. Profits After Death of Shareholder of Corporate Agency

Sec. 4001.303.  PROFITS AFTER DEATH OF SHAREHOLDER OF CORPORATE AGENCY.  (a)  On the death of a shareholder of a corporate licensed agency, the surviving spouse and children, if any, of the deceased shareholder, or a trust for the surviving spouse and children, may share in the profits of the corporate agency during the lifetime of the surviving spouse or children as provided by a contract entered into by each shareholder and the corporation.
(b)  The surviving spouse and children or trust is not required to qualify as an agent to share in the profits of the corporation but may not perform an act of an agent on behalf of the corporation without qualifying as an agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter G. Other Persons Who May Share in Profits of Agency › Section 4001.304. Transfer of Interest in Agency by Agent Who Is Sole Proprietor

Sec. 4001.304.  TRANSFER OF INTEREST IN AGENCY BY AGENT WHO IS SOLE PROPRIETOR.  (a)  An agent who is a sole proprietor may transfer an interest in the agency to the agent's children, or a trust for the agent's children, and may operate that interest for their use and benefit.  The children may share in the profits of the agency during their lifetime.
(b)  The children are not required to qualify as agents to share in the profits of the agency but may not perform an act of an agent in connection with the agency business without first being licensed as agents.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter G. Other Persons Who May Share in Profits of Agency › Section 4001.305. Transfer of Interest in Agency by Shareholder of Corporate Agency

Sec. 4001.305.  TRANSFER OF INTEREST IN AGENCY BY SHAREHOLDER OF CORPORATE AGENCY.  (a)  A shareholder of a corporate licensed agency may, if provided by a contract entered into by each shareholder and the corporation, transfer an interest in the agency to the shareholder's children or a trust for the shareholder's children.  The children or trust may share in the profits of the agency to the extent of that interest during the children's lifetime.
(b)  The children or trust is not required to qualify as an agent to share in the profits of the corporation but may not perform an act of an agent on behalf of the corporation without qualifying as an agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.351. Applicability

Sec. 4001.351.  APPLICABILITY.  This subchapter applies only to an applicant for a license as an agent under:
(1)  Subchapters B and E, Chapter 4051; and
(2)  Subchapters B, D, E, and G, Chapter 4054.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 128 (H.B. 1073), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.352. Authority to Issue Provisional Permit

Sec. 4001.352.  AUTHORITY TO ISSUE PROVISIONAL PERMIT.  (a)  The department may, in conjunction with a license application under Section 4001.102, issue a provisional permit to an applicant who is being considered for appointment as an agent by another agent, an insurer, or a health maintenance organization.
(b)  The department may suspend the issuance of a provisional permit under this subchapter if:
(1)  the department's processing time for license applications has not exceeded 21 days in any month in the preceding 90 days before the suspension; and
(2)  the department provides notice both on its Internet website and to applicants for provisional licenses that the provisional license applications are temporarily suspended because sufficient processing time for permanent licenses is available to allow for those licenses to be processed in not more than 21 days for a completed application.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 13, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.353. Application for and Issuance of Provisional Permit

Sec. 4001.353.  APPLICATION FOR AND ISSUANCE OF PROVISIONAL PERMIT.  (a)  The department may issue a provisional permit under this subchapter on receipt of:
(1)  a written application for a provisional permit;
(2)  a properly completed license application, nonrefundable fee, and each other item required for a license under this chapter and Subchapter B or E, Chapter 4051, or Subchapter B, D, E, or G, Chapter 4054, as applicable;
(3)  the nonrefundable fee in an amount authorized by Subsection (c); and
(4)  a certificate signed by the appointing agent, insurer, or health maintenance organization stating that:
(A)  the applicant completed the training, if any, and passed the examination required for the issuance of the license for which the application is submitted;
(B)  the appointing agent, insurer, or health maintenance organization completed a background check on the applicant that shows that the applicant has not been convicted of:
(i)  a felony; or
(ii)  an act that requires the applicant to receive written consent under 18 U.S.C. Section 1033 to engage in the business of insurance;
(C)  the applicant has not responded affirmatively to any question on the license application that indicates the applicant has a criminal conviction or has been involved in an administrative action that may disqualify the applicant from receiving a license; and
(D)  the appointing agent, insurer, or health maintenance organization will supervise the work of the applicant.
(b)  An applicant is not qualified to receive a provisional permit if the applicant has not taken and passed the examination required for the issuance of the permanent license for which the applicant applied under Section 4001.102.
(c)  The nonrefundable fee described by Subsection (a) shall be set by the department in an amount that:
(1)  is reasonable and necessary to implement this subchapter; and
(2)  may not exceed the amount of the fee required for an application for a permanent license.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 128 (H.B. 1073), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.354. Authority to Act as Agent Under Provisional Permit

Sec. 4001.354.  AUTHORITY TO ACT AS AGENT UNDER PROVISIONAL PERMIT.  (a)  An applicant may proceed to act as an agent if:
(1)  a provisional permit is not received from the department before the eighth day after the date the application, nonrefundable fee, and other items required under Section 4001.353(a) are delivered or mailed to the department; and
(2)  the applicant or appointing agent, insurer, or health maintenance organization has not been notified that the application for the permit is incomplete or is or may be denied.
(b)  An applicant may act as an agent only for the appointing agent, insurer, or health maintenance organization except that an appointing insurer may include appointments for one or more affiliated insurers that are part of the same insurance holding company group.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.355. Term of Provisional Permit

Sec. 4001.355.  TERM OF PROVISIONAL PERMIT.  (a)  Except as provided by Subsection (b), a provisional permit expires on the earlier of:
(1)  the 90th day after the date the permit is issued; or
(2)  the date a license is issued or the license application is denied.
(b)  If the license, or a notice that the license is denied, is not received from the department on or before the 90th day after the date the application, nonrefundable fee, and other items required under Section 4001.353(a) are delivered or mailed to the department, the authority of the applicant to act as an agent under this subchapter automatically extends until the earlier of the date the license is issued or the license application is denied or the 90th day after the expiration of the 90-day period under Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.356. Notification Regarding License

Sec. 4001.356.  NOTIFICATION REGARDING LICENSE.  (a)  The department may notify the applicant or appointing agent, insurer, or health maintenance organization that the license application is incomplete or is or may be denied at any time before the issuance or denial of a license.
(b)  An applicant who receives a notice under Subsection (a) shall immediately cease acting as an agent under this subchapter.  An appointing agent, insurer, or health maintenance organization that receives notice under Subsection (a) shall immediately notify the applicant of the notice.
(c)  An applicant acting as an agent under this subchapter before receiving a notice under Subsection (a), if applicable, is not engaged in the unauthorized business of insurance and any transaction entered into by the applicant before receiving the notice, if applicable, is presumed lawful.
(d)  A notification under this section applies only to a provisional permit, and the department shall continue to process an application for a license unless the license has been denied.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.357. Denial or Revocation of License

Sec. 4001.357.  DENIAL OR REVOCATION OF LICENSE.  If the applicant's license application is denied or the applicant's license is revoked, an applicant is subject to Section 4005.105 with respect to an application for a provisional permit under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.358. Compliance With Other Law

Sec. 4001.358.  COMPLIANCE WITH OTHER LAW.  (a)  A provisional permit holder who is acting under the authority of that permit is subject to all provisions of this code regulating the solicitation and sale of insurance that relate to the type of permanent license for which the provisional permit holder applied.
(b)  A provisional permit holder that applied for a life and annuity license must comply with Chapter 1114 with respect to the replacement of life insurance policies and annuities.
(c)  A person who holds a permanent license may not circumvent or attempt to circumvent the intent of this section by acting for or with a provisional permit holder.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4001 - Agent Licensing in General › Subchapter H. Provisional Permit › Section 4001.359. Supervisory Responsibility

Sec. 4001.359. SUPERVISORY RESPONSIBILITY.  An appointing agent, insurer, or health maintenance organization that allows a permit holder to act as an agent under a provisional permit has supervisory responsibility over the permit holder.
Added by Acts 2015, 84th Leg., R.S., Ch. 404 (H.B. 2145), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.001. Examination Required

Sec. 4002.001.  EXAMINATION REQUIRED.  (a)  Except as otherwise provided by this code, an applicant for a license to act as an agent in this state must:
(1)  take a personal written examination prescribed by the commissioner;  and
(2)  pass the examination to the satisfaction of the department.
(b)  The examination must determine the applicant's competence with respect to:
(1)  the type of insurance contracts for which the applicant seeks a license;
(2)  the laws of this state regulating the business of insurance;  and
(3)  the ethical obligations and duties of an agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.002. Examination for Limited License

Sec. 4002.002.  EXAMINATION FOR LIMITED LICENSE.  (a)  The commissioner shall prescribe a limited written examination for an applicant for a limited agent' s license under Chapter 4051 or 4054.
(b)  The examination must determine the applicant's competence and understanding of:
(1)  the basic principles of insurance contracts;
(2)  the basic laws of this state regulating the business of insurance;  and
(3)  the ethical obligations and duties of an agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.003. Exemptions From Examination Requirement

Sec. 4002.003.  EXEMPTIONS FROM EXAMINATION REQUIREMENT.
(a)  The department may not require a person to take an examination under this chapter if the person is:
(1)  an applicant for the renewal of an unexpired license issued by the department;
(2)  an applicant whose license issued by the department expired less than one year before the date of the application, if the previous license was not denied, revoked, or suspended by the commissioner;
(3)  a partnership, corporation, or depository institution;
(4)  an applicant for a life, accident, and health license who is designated as a chartered life underwriter (CLU);
(5)   an applicant for a property and casualty license who is designated as a chartered property casualty underwriter (CPCU);
(6)  an applicant for a specialty license issued under Chapter 4055;
(7)  a nonresident individual who is exempt from the examination requirement under Chapter 4056; or
(8)  an applicant for a general life, accident, and health license or a life agent license who was authorized to solicit or procure insurance on behalf of a fraternal benefit society on September 1, 1999, if the applicant:
(A)  solicited or procured insurance on behalf of the fraternal benefit society for at least 24 months preceding September 1, 1999; and
(B)  does not, on or after September 1, 1999, solicit or procure:
(i)  insurance for any other insurer or a different fraternal benefit society;
(ii)  an insurance contract from anyone other than a person who is eligible for membership in the fraternal benefit society; or
(iii)  an interest-sensitive life insurance contract that exceeds $35,000 of coverage on an individual life, unless the applicant is designated as a "Fraternal Insurance Counselor" at the time the contract is solicited or procured.
(b)  A license to which the exemption authorized by Subsection (a)(9) applies must be held by the applicant in an individual capacity and is not transferable.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.19, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 14, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.005. Examination Fee

Sec. 4002.005.  EXAMINATION FEE.  (a)  The department shall charge each applicant an examination fee in an amount determined by the department as necessary to administer the examination.
(b)  The examination fee must accompany each application to take the examination.
(c)  An applicant may receive a refund of the examination fee only if:
(1)  the applicant fails to take the examination because of an emergency;
(2)  the applicant notifies the department of the emergency at least 24 hours before the time of the examination;  and
(3)  the department agrees to refund the fee.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.006. Bilingual Examination

Sec. 4002.006.  BILINGUAL EXAMINATION.  An examination administered under this chapter shall be offered in English and Spanish.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.007. Examination Results

Sec. 4002.007.  EXAMINATION RESULTS.  (a)  The department shall notify each examinee of the results of a licensing examination administered under this code not later than the 30th day after the date the examination is administered.  If an examination is graded or reviewed by a testing service, the department shall notify each examinee of the results of the examination not later than the 14th day after the date the department receives the results from the testing service.
(b)  The department may require a testing service to notify examinees of the results of an examination.
(c)  If the notice of the results of an examination graded or reviewed by a testing service will be delayed for longer than 90 days after the examination date, the department shall notify the examinee of the reason for the delay before the 90th day.
(d)  If requested in writing by a person who fails a licensing examination administered under this code, the department shall provide to the person an analysis of the person's performance on the examination.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter A. General Provisions › Section 4002.008. Standards for Examination Pass Rates; Annual Report

Sec. 4002.008.  STANDARDS FOR EXAMINATION PASS RATES; ANNUAL REPORT.  (a)  This section applies only to insurance agent license examinations for limited and single lines licenses, including agent licenses issued under:
(1)  Subchapters C and I, Chapter 4051; and
(2)  Subchapters C and G, Chapter 4054.
(b)  The commissioner or, at the commissioner's discretion, a vendor under contract with the department, shall review a license examination subject to this section if, during any 12-month period beginning on September 1 of a year, that examination exhibits an overall pass rate of less than 70 percent for first-time examinees.
(c)  The department shall collect demographic information, including, race, gender, and national origin, from an individual taking a license examination subject to this section.
(d)  The department shall compile an annual report based on the review required under Subsection (b).  The report must indicate whether there was any disparity in the pass rate based on demographic information.
(e)  The commissioner by rule may establish procedures as necessary to:
(1)  collect demographic information necessary to implement this section; and
(2)  ensure that a review required under Subsection (b) is conducted and the resulting report is prepared.
(f)  The commissioner shall deliver the report prepared under Subsection (d) to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 1 of each year.
Added by Acts 2009, 81st Leg., R.S., Ch. 398 (H.B. 1757), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter B. Administration of Examination by Testing Service › Section 4002.051. Administration by Testing Service Authorized

Sec. 4002.051.  ADMINISTRATION BY TESTING SERVICE AUTHORIZED.  The commissioner may accept an examination administered by a testing service to satisfy the examination requirements of a person seeking a license as an agent, counselor, or adjuster under this code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter B. Administration of Examination by Testing Service › Section 4002.052. Agreement With Testing Service

Sec. 4002.052.  AGREEMENT WITH TESTING SERVICE.  (a)  The commissioner may negotiate an agreement with a testing service to perform examination services, including:
(1)  developing an examination;
(2)  scheduling an examination;
(3)  arranging the site for an examination;  and
(4)  administering, grading, reporting, and analyzing an examination.
(b)  The commissioner may require a testing service to:
(1)  correspond directly with applicants with regard to the administration of examinations;
(2)  collect fees for administering examinations directly from applicants;  and
(3)  provide for the administration of examinations in specific locations and at specified frequencies.
(c)  The commissioner shall retain the authority to establish the scope and type of each examination.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter B. Administration of Examination by Testing Service › Section 4002.053. Hearing Required Before Agreement

Sec. 4002.053.  HEARING REQUIRED BEFORE AGREEMENT.  Before the department may negotiate and enter into an agreement with a testing service:
(1)  a hearing must be held in accordance with Chapter 2001, Government Code;  and
(2)  the commissioner must adopt any rules or standards that the commissioner considers appropriate to implement the authority granted by this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter C. Duties of Department › Section 4002.101. Administration by Department

Sec. 4002.101.  ADMINISTRATION BY DEPARTMENT.  In the absence of an agreement with a testing service, the department shall administer any required examination in accordance with this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter C. Duties of Department › Section 4002.102. Rules

Sec. 4002.102.  RULES.  (a)  The commissioner may adopt rules relating to:
(1)  the scope, type, and conduct of an examination;
(2)  the time and location in this state at which an examination is conducted;  or
(3)  the designation of textbooks, manuals, and other materials to be studied by an applicant for an examination.
(b)  The textbooks, manuals, or other materials designated by the commissioner under Subsection (a)(3) may consist of:
(1)  material available to an applicant by purchase from the publisher;  or
(2)  material prepared at the direction of the commissioner and distributed to an applicant on request and on payment of the reasonable cost of the material.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4002 - Examination of License Applicants › Subchapter C. Duties of Department › Section 4002.103. Content of Examination Questions

Sec. 4002.103.  CONTENT OF EXAMINATION QUESTIONS.  All examination questions must be prepared from the contents of the textbooks, manuals, and other materials designated or prepared by the commissioner under Section 4002.102.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.001. License Expiration

Sec. 4003.001.  LICENSE EXPIRATION.  (a)  Unless a staggered renewal system is adopted under Section 4003.002, each license issued or renewed by the department under Chapter 981 or Subtitle 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.
(b)  The commissioner by rule may change the two-year expiration period if the commissioner determines that the change is necessary to promote uniformity of license periods of this state with those of other states.
(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).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.002. Staggered Renewal System

Sec. 4003.002.  STAGGERED RENEWAL SYSTEM.  (a)  The commissioner by rule may adopt a system under which licenses expire on various dates during a licensing period.
(b)  For the licensing period in which the license expiration is changed, license fees shall be prorated so that each license holder pays only that portion of the license fee allocable to the period during which the license is valid.  On renewal of the license on the new expiration date, the total renewal fee is payable.
(c)  The commissioner shall adopt a system under which a person who holds more than one license may renew all the licenses held in a single process.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.003. Notice of License Expiration

Sec. 4003.003.  NOTICE OF LICENSE EXPIRATION.  Not later than the 30th day before the date a person's license expires, the department shall send written notice of the impending license expiration to the person at the person's last known mailing address according to the department's records.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.004. Procedure for Renewal of License

Sec. 4003.004.  PROCEDURE FOR RENEWAL OF LICENSE.  (a)  A person may renew an unexpired license by:
(1)  filing a properly completed renewal application with the department in the form prescribed by the department;  and
(2)  paying to the department the required renewal fee in an amount set by the department.
(b)  A person may not renew a license that has been suspended or revoked.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.005. Renewal Fee Nonrefundable

Sec. 4003.005.  RENEWAL FEE NONREFUNDABLE.  A renewal fee paid under this chapter is nonrefundable.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.006. Continuation of Original License

Sec. 4003.006.  CONTINUATION OF ORIGINAL LICENSE.  The original license of a person who has applied for license renewal in compliance with Section 4003.004 remains in effect from the date the renewal application is filed until the date:
(1)  the department issues the renewal license;
(2)  the license is not renewed under Section 4004.055; or
(3)  the commissioner issues an order revoking the license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.007. Renewal of Expired License

Sec. 4003.007.  RENEWAL OF EXPIRED LICENSE.  (a)  A person whose license has been expired for 90 days or less may renew the license by:
(1)  filing a renewal application with the department in the form prescribed by the department;  and
(2)  paying to the department:
(A)  the required renewal fee;  and
(B)  an additional fee equal to one-half of the required renewal fee.
(b)  A person whose license has been expired for more than 90 days but less than one year may not renew the license.  The person may obtain a new license without taking the applicable examination by:
(1)  filing a new application with the department;  and
(2)  paying to the department:
(A)  the license fee;  and
(B)  an additional fee equal to one-half of the license fee.
(c)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by:
(1)  submitting to reexamination, if examination is required for original issuance of the license;  and
(2)  complying with the other requirements and procedures for obtaining an original license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.008. Renewal of Expired License by Out-of-State Agent

Sec. 4003.008.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE AGENT.  (a)  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 preceding the date of the application.
(b)  The person must pay to the department a fee equal to the license application fee.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.009. Interstate Move by Agent

Sec. 4003.009.  INTERSTATE MOVE BY AGENT.  (a)  Not later than the 30th day after moving from one state to another state, an agent licensed in this state shall file with the department:
(1)  the agent's new address;  and
(2)  proof of authorization to engage in the business of insurance in the new state of residence.
(b)  The department may not charge a fee or require a license application under this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4003 - License Expiration and Renewal › Section 4003.010. Chapter Not Applicable to Third-Party Administrators

Sec. 4003.010.  CHAPTER NOT APPLICABLE TO THIRD-PARTY ADMINISTRATORS.  This chapter does not apply to a certificate of authority issued under Chapter 4151.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter A. General Provisions › Section 4004.001. Department Jurisdiction Exclusive

Sec. 4004.001.  DEPARTMENT JURISDICTION EXCLUSIVE.  The department has exclusive jurisdiction of all matters relating to the continuing education of agents licensed under this code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter B. Agent Continuing Education Requirements › Section 4004.051. General Requirements

Sec. 4004.051.  GENERAL REQUIREMENTS.  (a)  Except as provided by Section 4004.052 or other law, each individual who holds a license issued by the department shall complete, as a condition of licensure, continuing education as provided by this chapter.
(b)  All required continuing education hours must be completed before the expiration date of the individual's license.
(c)  At least 50 percent of all required continuing education hours must be completed in a classroom setting or a classroom equivalent setting approved by the department.
(d)  The department may accept continuing education hours completed in other professions or in association with professional designations in an insurance-related field.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter B. Agent Continuing Education Requirements › Section 4004.052. Extensions and Exemptions

Sec. 4004.052.  EXTENSIONS AND EXEMPTIONS.  (a)  On the timely written request of an agent, the department may extend the time for the agent to comply with the continuing education requirements of this chapter or may exempt the agent from some or all of the requirements for a licensing period if the department determines that the agent is unable to comply with the requirements because of illness, medical disability, or another extenuating circumstance beyond the control of the agent.  The commissioner by rule shall prescribe the criteria for an exemption or extension under this subsection.
(b)  An individual who has continuously held for at least 20 years an agent license issued under this code is exempt from the continuing education requirements of this chapter.
(c)  The commissioner by rule may provide for other reasonable exemptions from the continuing education requirements of this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter B. Agent Continuing Education Requirements › Section 4004.053. Requirements Based on Type of License Held

Sec. 4004.053.  REQUIREMENTS BASED ON TYPE OF LICENSE HELD.  (a)  An individual who holds a general life, accident, and health license, a life agent license, an adjuster license, a managing general agent license, a general property and casualty license, or a personal lines property and casualty license must complete 24 hours of continuing education during the license period. If the individual holds more than one license for which continuing education is otherwise required, the individual is not required to complete more than 24 continuing education hours for all licenses during the license period. An individual who is required under rules adopted under Chapter 4008 to hold a certificate to sell a designated product or product line may use continuing education programs administered under Section 4004.151 to satisfy the continuing education requirements under this subsection.
(b)  An individual who holds a limited life, accident, and health license or a limited property and casualty license must complete five hours of continuing education annually.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.20, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 2, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 7, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter B. Agent Continuing Education Requirements › Section 4004.0535. Continuing Education Credit for Participation in Certain Associations

Sec. 4004.0535.  CONTINUING EDUCATION CREDIT FOR PARTICIPATION IN CERTAIN ASSOCIATIONS.  (a)  The commissioner by rule may authorize the department to grant not more than four hours of continuing education credit to an agent who is an active member of a state or national insurance association.
(b)  The commissioner by rule shall:
(1)  specify the types of associations that constitute state or national insurance associations; and
(2)  establish reasonable requirements for active participation in such an association.
(c)  An agent may not use continuing education credit granted under this section to satisfy:
(1)  continuing education hours required to be completed in a classroom setting or classroom equivalent under Section 4004.051; or
(2)  the ethics requirement adopted under Section 4004.054.
(d)  An agent who seeks continuing education credit under this section shall provide to the department in the manner prescribed by the commissioner a sworn affirmation that the agent is an active member of a state or national insurance association described by Subsection (a) and, for the number of continuing education hours claimed, has:
(1)  reviewed educational materials provided by that association; or
(2)  attended educational presentations sponsored by that association.
Added by Acts 2005, 79th Leg., Ch. 691 (S.B. 265), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter B. Agent Continuing Education Requirements › Section 4004.054. Ethics Requirement

Sec. 4004.054.  ETHICS REQUIREMENT.  Each individual who holds a license issued by the department shall complete three hours of continuing education in ethics during each license renewal period.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 16, eff. September 1, 2021.