2005 Texas Insurance Code CHAPTER 4004. CONTINUING EDUCATION

INSURANCE CODE

CHAPTER 4004. CONTINUING EDUCATION

SUBCHAPTER A. GENERAL PROVISIONS


	§ 4004.001. DEPARTMENT JURISDICTION EXCLUSIVE.  The 
department has exclusive jurisdiction of all matters relating to 
the continuing education of agents licensed under this code.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.002. ADVISORY COUNCIL.  (a) The commissioner may 
appoint an advisory council to provide the commissioner with 
information and assistance in the conduct of the continuing 
education program for agents licensed under this title.
	(b)  If an advisory council is appointed, the council must be 
composed of nine members, four of whom must be public members.
	(c)  A public member is entitled to reimbursement for the 
member's travel expenses as provided by Chapter 660, Government 
Code, and the General Appropriations Act.
	(d)  A public member may not:                                                  
		(1)  be an officer, director, or employee of an 
insurer, insurance agency, agent, broker, adjuster, or other 
business entity regulated by the department;
		(2)  be a person required to register with the Texas 
Ethics Commission under Chapter 305, Government Code;  or
		(3)  be related to a person described by Subdivision 
(1) or (2) within the second degree by affinity or consanguinity, as 
determined under Chapter 573, Government Code.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          

SUBCHAPTER B. AGENT CONTINUING EDUCATION REQUIREMENTS


	§ 4004.051. GENERAL REQUIREMENTS.  (a) Except as provided 
by Section 4004.052 or other law, each individual who holds a 
license issued by the department shall complete continuing 
education as provided by this chapter.
	(b)  All required continuing education hours must be 
completed before the expiration date of the individual's license.
	(c)  At least 50 percent of all required continuing education 
hours must be completed in a classroom setting or a classroom 
equivalent setting approved by the department.
	(d)  The department may accept continuing education hours 
completed in other professions or in association with professional 
designations in an insurance-related field.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.052. EXTENSIONS AND EXEMPTIONS.  (a) On the timely 
written request of an agent, the department may extend the time for 
the agent to comply with the continuing education requirements of 
this chapter or may exempt the agent from some or all of the 
requirements for a licensing period if the department determines 
that the agent is unable to comply with the requirements because of 
illness, medical disability, or another extenuating circumstance 
beyond the control of the agent.  The commissioner by rule shall 
prescribe the criteria for an exemption or extension under this 
subsection.
	(b)  An individual who has continuously held for at least 20 
years an agent license issued under this code is exempt from the 
continuing education requirements of this chapter.
	(c)  The commissioner by rule may provide for other 
reasonable exemptions from the continuing education requirements 
of this chapter.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.053. REQUIREMENTS BASED ON TYPE OF LICENSE 
HELD.  (a) An individual who holds a general life, accident, and 
health license, a life and health insurance counselor license, or a 
general property and casualty license must complete 15 hours of 
continuing education annually.  If the individual holds more than 
one license for which continuing education is otherwise required, 
the individual is not required to complete more than 15 continuing 
education hours annually.
	(b)  An individual who holds a limited life, accident, and 
health license or a limited property and casualty license must 
complete five hours of continuing education annually.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.0535. CONTINUING EDUCATION CREDIT FOR 
PARTICIPATION IN CERTAIN ASSOCIATIONS.  (a) The commissioner by 
rule may authorize the department to grant not more than four hours 
of continuing education credit to an agent who is an active member 
of a state or national insurance association.
	(b)  The commissioner by rule shall:                                           
		(1)  specify the types of associations that constitute 
state or national insurance associations;  and
		(2)  establish reasonable requirements for active 
participation in such an association.
	(c)  An agent may not use continuing education credit granted 
under this section to satisfy:
		(1)  continuing education hours required to be 
completed in a classroom setting or classroom equivalent under 
Section 4004.051;  or
		(2)  the ethics requirement adopted under Section 
4004.054.                 
	(d)  An agent who seeks continuing education credit under 
this section shall provide to the department in the manner 
prescribed by the commissioner a sworn affirmation that the agent 
is an active member of a state or national insurance association 
described by Subsection (a) and, for the number of continuing 
education hours claimed, has:
		(1)  reviewed educational materials provided by that 
association;  or       
		(2)  attended educational presentations sponsored by 
that association.      

Added by Acts 2005, 79th Leg., ch. 691, § 1, eff. Sept. 1, 2005.           


	§ 4004.054. ETHICS REQUIREMENT.  Each individual who 
holds a license issued by the department shall complete two hours of 
continuing education in ethics during each license renewal period.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          

SUBCHAPTER C. CONTINUING EDUCATION PROGRAMS


	§ 4004.101. PROGRAM CERTIFICATION.  (a) The department 
shall certify continuing education programs for agents.  The 
certification criteria must be designed to ensure that continuing 
education programs enhance the knowledge, understanding, and 
professional competence of the license holder.
	(b)  Only a program that satisfies the criteria established 
by rule by the commissioner may receive certification.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.102. CERTIFICATION FEE.  (a) A nonrefundable 
certification fee, in an amount set by the commissioner as 
necessary to administer this chapter, must accompany each 
application for certification of a continuing education program.
	(b)  The commissioner by rule shall establish the 
certification fee based on a graduated scale according to the 
number of hours required to complete the program.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.103. PROVIDER REGISTRATION;  OTHER 
REQUIREMENTS.  (a) Each continuing education program provider 
shall register with the department as a course provider.
	(b)  The department shall assess a registration fee for each 
application for registration as a course provider, set by the 
commissioner in an amount necessary for the proper administration 
of this chapter.
	(c)  The commissioner may adopt rules establishing other 
requirements for continuing education program providers.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.          


	§ 4004.104. INDEPENDENT CONTRACTORS.  (a) The department 
may enter into agreements with independent contractors under which 
the independent contractor certifies and registers continuing 
education programs and providers.
	(b)  The department may require the independent contractors 
to correspond directly with providers with regard to the 
administration of continuing education programs.  The contractors 
may collect fees from the providers for administration of the 
courses.
	(c)  Notwithstanding Subsections (a) and (b), the department 
retains the authority to establish the scope and type of continuing 
education requirements for each type of license.

Added by Acts 2003, 78th Leg., ch. 1274, § 7, eff. April 1, 2005.