H.B. No. 2569
  relating to a specialty insurance agent license for certain vendors
  of portable electronic devices.
         SECTION 1.  Subchapter F, Chapter 4055, Insurance Code, is
  amended to read as follows:
         Sec. 4055.251.  DEFINITIONS.  In this subchapter:
               (1)  "Customer" means a person who purchases a portable
  electronic device or a related service [telecommunications
  equipment in a retail sales transaction].
               (2)  "Portable electronic devices" means personal,
  self-contained, easily carried by an individual, battery-operated
  electronic communication, viewing, listening, recording, gaming,
  computing or global positioning devices, including cell or
  satellite phones, pagers, personal global positioning satellite
  units, portable computers, portable audio listening, video viewing
  or recording devices, digital cameras, video camcorders, portable
  gaming systems, docking stations, automatic answering devices, and
  other similar devices and their accessories ["Telecommunications
  equipment"   includes handsets, pagers, automatic answering devices,
  batteries, and other devices used to originate or receive wireless
  communications exclusive of cordless, wireline communications].
               (3)  "Vendor" means a person or entity engaged in the
  business of leasing, selling, or providing portable electronic
  devices or related services to customers.
         Sec. 4055.252.  ISSUANCE OF LICENSE; LICENSE FEE(a)
  Notwithstanding any other provision of this chapter or this code,
  the commissioner may issue a specialty license to a [retail] vendor
  [of telecommunications equipment] who complies with this
  subchapter. The specialty license may be issued only for the
  limited purposes specified by this subchapter.
         (b)  A specialty license issued to a vendor under this
  subchapter authorizes the vendor and any employee or authorized
  representative of the vendor to offer the type of coverage
  specified in this subchapter at each location at which the vendor
  engages in business.
         (c)  The commissioner shall impose an annual license fee for
  a specialty license issued under this subchapter. The commissioner
  shall set the license fee in an amount reasonable and necessary to
  cover the costs of administering this subchapter, not to exceed
  vendor [of telecommunications equipment] licensed under this
  subchapter and the vendor's employee and authorized representative
  [chapter] may act as an agent for an authorized insurer [only:
               [(1)]  in connection with the sale and use of portable
  electronic devices and related services only [telecommunications
  equipment; and
               [(2)]  with respect to:
               (1) [(A)]  insurance coverage provided to customers
  that covers portable electronic devices against one or more of the
                     (A)  loss;
                     (B)  theft;
                     (C)  mechanical failure;
                     (D)  malfunction;
                     (E)  damage; or
                     (F)  other applicable perils [for the loss or
  malfunction of or damage to telecommunications equipment]; or
               (2)  the provision of [(B)] any other coverage the
  commissioner approves as meaningful and appropriate in connection
  with the use of portable electronic devices or related services
  [telecommunications equipment].
         Sec. 4055.254.  INSURANCE POLICY; REQUIREMENTS. (a)
  Insurance provided under this subchapter may be issued to a
  licensed vendor under a master or group policy of personal or
  commercial inland marine insurance. A customer may be designated
  as an additional insured or certificate holder under the policy.
         (b)  A licensed vendor shall provide to each customer
  designated as an additional insured or certificate holder a
  coverage form, certificate, or other evidence of coverage in a
  brochure or separate document.
         Sec. 4055.255.  REQUIRED TRAINING. (a) Notwithstanding
  Section 4055.012, an agent who holds a license issued under Chapter
  4051 or a substantially equivalent license issued under this code
  and who is appointed by the insurer that insures a vendor may:
               (1)  provide the materials for the training program
  required under Section 4055.012; and
               (2)  conduct the applicable training.
         (b)  An agent described by Subsection (a) shall submit the
  training program materials for approval as required under Section
         SECTION 2.  The commissioner of insurance shall, by rule,
  establish a procedure under which a person holding a license as a
  telecommunications equipment vendor specialty agent that was
  issued under Subchapter F, Chapter 4055, Insurance Code, as it
  existed before amendment by this Act, may convert that license to a
  portable electronic device vendor specialty agent license under
  Subchapter F, Chapter 4055, Insurance Code, as amended by this Act,
  without further qualification. The rules may establish a reasonable
  period for the agent to comply with Section 4055.254, Insurance
  Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2569 was passed by the House on April
  15, 2009, by the following vote:  Yeas 147, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 2569 was passed by the Senate on May
  13, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________