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AN ACT
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relating to the examination requirements for an insurance adjuster |
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license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4101.056, Insurance Code, is amended to |
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read as follows: |
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Sec. 4101.056. EXEMPTION FROM EXAMINATION REQUIREMENT. |
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(a) An applicant for a license under this chapter is not required |
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to pass an examination under Section 4101.054 to receive the |
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license if the applicant: |
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(1) had been principally engaged in the investigation, |
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adjustment, or supervision of losses on August 27, 1973, and during |
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the 90-day period preceding that date; |
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(2) is applying for a renewal license under this |
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chapter; |
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(3) is licensed as an adjuster in another state with |
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which a reciprocal agreement has been entered into by the |
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commissioner; or |
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(4) has completed a course in adjusting losses as |
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prescribed and approved by the commissioner and it is certified, by |
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a form signed by a person described by Subsection (b)(2), to the |
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commissioner on completion of the course that the applicant has: |
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(A) completed the course; and |
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(B) passed an examination, in a manner described |
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by Subsection (b)(2), testing the applicant's knowledge and |
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qualification, as prescribed by the commissioner. |
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(b) An applicant wishing to claim an exemption under |
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Subsection (a)(4) must: |
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(1) schedule the required examination; and |
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(2) take the required examination in a testing |
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environment that is controlled, supervised, and proctored by a |
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disinterested third party approved by the commissioner to |
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administer the examination [is responsible for the scheduling and
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administration of the examination required under that subsection]. |
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(c) In this section, "disinterested third party" means an |
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individual who: |
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(1) is not related to an applicant by consanguinity or |
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affinity as a first cousin or within the third degree by |
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consanguinity or affinity as described by Subchapter B, Chapter |
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573, Government Code; and |
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(2) is not an employee or a subordinate of the |
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applicant. |
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SECTION 2. The change in law made by this Act applies to a |
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license application submitted on or after the effective date of |
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this Act. A license application submitted before the effective |
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date of this Act is governed by the law applicable to the |
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application immediately before that date, and that law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 569 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 569 passed the House on |
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May 17, 2013, by the following vote: Yeas 131, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |