H.B. No. 4358
 
 
 
 
AN ACT
  relating to rulemaking authority for administrative penalties
  assessed for violations of the Insurance Code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 84, Insurance Code, is
  amended by adding Section 84.004 to read as follows:
         Sec. 84.004.  RULEMAKING AUTHORITY. (a)  The commissioner
  may adopt and enforce reasonable rules that the commissioner
  determines necessary to accomplish the purposes of this chapter.
         (b)  The commissioner may establish by rule the amount of an
  administrative penalty to be imposed under Section 84.022 for a
  specific violation.
         (c)  The existence or absence of a rule adopted under this
  chapter does not limit the commissioner's authority to take any
  action authorized by law.
         SECTION 2.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4358 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4358 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor