28 TAC §19.802
The Commissioner of Insurance adopts amendments to §19.802
concerning the amounts of fees for original and renewal applications and examinations
for various licensees. The amendments are adopted with changes to the proposed
text as published in the July 9, 1999, issue of the
Texas Register
(24 TexReg 5145).
The amendments to the fee schedule are necessary to update the examination
fees for a Group II insurance agent license to accurately reflect the statutory
ceiling on the examination fee, to delete the fee schedules for certain license
types which the department no longer issues or which are provided for in other
official publications and to conform the rule to the specialty agent licensing
framework established by the 76th Legislature (1999) in Senate Bill 957.
The change to the text involves the addition of an appointment fee to the
specialty license fee schedule. Following publication of the proposed rule,
the Department recognized the specialty license appointment fee was inadvertently
omitted. The appointment fee is necessary to the specialty license because
license holders may solicit a broad range of insurance products underwritten
by more than one insurer.
The amendments to §19.802 operate to decrease the amount of fees for
a qualifying examination for a Group II insurance agent license. The fees
in the rule were set at $50. The fees for a qualifying examination for a Group
II license are subject to a statutory maximum of $20.
The Health Maintenance Organization agent license type was consolidated
into the Legal Reserve agent license by the 75th Legislature. As a result,
this license type no longer exists and the fee schedule for the license has
been removed from the rule.
The fees for Title Agent, Escrow Officer and Direct Operation licenses
were removed from the fee rule because these fees are provided for in the
Title Manual. The Title Manual is adopted by the Department of Insurance in
accordance with the Texas Administrative Procedures Act and contains the regulations
applicable to persons engaged in the title insurance business in this state.
As a result, the title agent, escrow officer and direct operation license
fees in this rule are duplicative and were removed from the rule.
The 76th Texas Legislature created a new specialty license type and authorized
the Department of Insurance to set the license fees in amounts necessary to
administer the license. The rule contains provisions which add these new fees
to the license fee schedule.
No comments were received.
The amendments are adopted under the Insurance Code, Articles
21.07-1 §15, 21.09 §6, and 1.03A. Article 21.07-1 §15 provides
the commissioner may establish and amend reasonable rules for the administration
of agent licensing. Article 21.09 §6 provides the commissioner may adopt
rules as necessary to implement the specialty license. Article 1.03A provides
that the Commissioner of Insurance may adopt rules to execute the duties and
functions of the Texas Department of Insurance only as authorized by statute.
§19.802. Amounts of Fees.
(a)
With each application for original license or renewal,
notice of appointment, or request for qualifying examination, the applicant
or licensee shall submit the amount shown in this section. The fees for qualifying
examinations and reexaminations only apply if the Texas Department of Insurance
does not contract with a testing service for the provisions of these examinations.
(b)
The amounts of fees are as follows:
(1)
Group I, legal reserve life insurance agent:
(A)
original application--$50;
(B)
renewal--$48;
(C)
additional appointment--$10;
(D)
qualifying examination--$20;
(E)
in addition to the original application fee listed in
subparagraph (A) of this paragraph, an application filing fee for a temporary
license of $100.
(2)
Group II insurance agent:
(A)
original application--$50;
(B)
renewal--$48;
(C)
additional appointment--$10;
(D)
qualifying examination--$20;
(E)
in addition to the original application fee listed in
subparagraph (A) of this paragraph, an application filing fee for a temporary
license of $100.
(3)
Insurance adjuster:
(A)
original application--$50;
(B)
renewal--$48;
(C)
qualifying examination--$50.
(4)
Insurance adjuster (emergency license): original
application--$20.
(5)
Local recording agent:
(A)
original application--$50;
(B)
renewal--$48;
(C)
additional appointment--$16;
(D)
qualifying examination--$50.
(6)
Solicitor:
(A)
original application--$20;
(B)
renewal--$18;
(C)
qualifying examination--$20;
(D)
appointment of a currently licensed solicitor--$10.
(7)
Insurance service representative:
(A)
original application--$20;
(B)
renewal--$18;
(C)
qualifying examination--$20;
(D)
appointment of a currently licensed insurance service
representative--$10.
(8)
Managing general agent:
(A)
original application--$30;
(B)
renewal--$48;
(C)
additional appointment--$10.
(9)
Prepaid legal:
(A)
original application--$50;
(B)
renewal--$48;
(C)
additional appointment--$10;
(D)
qualifying examination--$20.
(10)
Surplus lines agent:
(A)
original application--$50;
(B)
renewal--$48;
(C)
qualifying examination--$20.
(11)
Specialty insurance agent:
(A)
original application--$50;
(B)
renewal--$48;
(C)
additional appointment--$10
(12)
Title attorney:
(A)
original application--$50;
(B)
renewal--$48.
(13)
Variable contract agent:
(A)
original application--$50;
(B)
renewal--$48;
(C)
additional appointment--$10.
(14)
Risk manager:
(A)
original application--$50;
(B)
renewal--$48;
(C)
qualifying examination--$50.
(15)
Agricultural agent:
(A)
original application--$50;
(B)
renewal--$50.
(16)
Life and Health insurance counselor:
(A)
original application--$50;
(B)
renewal--$48;
(C)
qualifying examination--$20.
(17)
Nonresident property and casualty agent:
(A)
original application--$50;
(B)
renewal--$48.
(18)
Reinsurance intermediary:
(A)
original application--$500;
(B)
renewal--$500.
(19)
Utilization review agent:
(A)
original application--$2,150;
(B)
renewal--$545.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on August
12, 1999.
TRD-9905074
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: September 1, 1999
Proposal publication date: July 9, 1999
For further information, please call: (512) 463-6327