Biennial Report to the 83rd Texas Legislature: Department of Insurance Page: 12
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Financial
Outdated and Inconsistent Provisions in Current Law:
(1)Clarify that the pre-licensing examination of an insurance claims adjuster must
be held in a classroom setting.
Background:
Section 4101.056 of the Texas Insurance Code allows the licensing examination of adjusters to be
performed in a private setting with limited oversight.
Issue:
Individuals obtaining all other types of licenses, including insurance agents, must complete the licensing
examination in a proctored, controlled testing center environment.
Recommendation:
Amend Section 4101.056 to require that the adjuster licensing examination be held in a proctored,
controlled testing center environment to create consistency for all license types.
(2) Eliminate the requirement that a licensed surplus lines agent also hold a
property and casualty license.
Background:
Section 981.203 of the Texas Insurance Code requires a licensed surplus lines agent to hold an underlying
property and casualty license.
Issue:
This requirement is inconsistent with the NAIC Producer Licensing Uniformity Guidelines related to
surplus lines licenses. This requirement is also inconsistent with the laws of other states. As a result, Texas
cannot accept certain surplus agent's licenses from other states and is therefore not as attractive to surplus
lines agents as other states.
Recommendation:
Amend Section 981.203(a) (1) (B) (i) to remove the requirement for an underlying property and casualty
license.12
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Texas. Department of Insurance. Biennial Report to the 83rd Texas Legislature: Department of Insurance, report, December 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth575994/m1/13/: accessed June 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.