State Codes and Statutes
Statutes > Texas > Insurance-code > Title-13-regulation-of-professionals > Chapter-4153-risk-managers
INSURANCE CODE
TITLE 13. REGULATION OF PROFESSIONALS
SUBTITLE D. OTHER PROFESSIONALS
CHAPTER 4153. RISK MANAGERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4153.001. DEFINITION. In this chapter, "risk manager"
means a person who:
(1) represents to the public that the person is a risk manager;
and
(2) for compensation examines or evaluates risks for and
provides advice regarding reduction of risks to a person seeking
to obtain or renew property and casualty insurance coverage in
this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.002. EXEMPTIONS. This chapter does not apply to a
person who is employed as a risk manager by:
(1) a liability insurance company authorized to engage in
business in this state;
(2) a single employer; or
(3) a public self-insurance pool.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.003. RULES. The commissioner may adopt rules
necessary to carry out this chapter and to regulate risk
managers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER B. LICENSE REQUIREMENTS
Sec. 4153.051. LICENSE REQUIRED. A person may not act as or
represent that the person is a risk manager in this state unless
the person:
(1) meets the requirements prescribed by this chapter and
department rules; and
(2) holds a license issued by the department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.052. APPLICATION. (a) To obtain a license to act as
a risk manager in this state, an applicant must submit to the
department an application on forms prescribed by the commissioner
and provided by the department.
(b) An application must be accompanied by the license fee
required by Section 4153.057 and include:
(1) information the department requires relating to the
applicant's identity, personal history, experience, and business
record; and
(2) any other information the department requires.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.053. QUALIFICATIONS. To qualify for a risk manager's
license, an applicant must:
(1) be at least 18 years of age;
(2) maintain a place of business in this state;
(3) meet the application requirements prescribed by this chapter
and department rules;
(4) take and pass the examination required by this chapter; and
(5) pay the examination and license fees.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.054. EXAMINATION. (a) Except as provided by Sections
4153.055 and 4153.058, an applicant for a risk manager's license
must personally take and pass an examination to the satisfaction
of the commissioner under this chapter and department rules.
(b) The commissioner shall prescribe the examination for a risk
manager's license. The examination must:
(1) be designed to test the qualifications and competency of the
applicant to be a risk manager; and
(2) be of sufficient scope to reasonably test the applicant's
knowledge of risk management and the duties and responsibilities
of a risk manager under the laws of this state and department
rules.
(c) The department shall:
(1) determine the times and places for examinations; and
(2) give reasonable public notice of the examinations in the
manner provided by department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.055. EXEMPTIONS FROM EXAMINATION REQUIREMENT. An
applicant is not required to take an examination to obtain a risk
manager's license if the applicant holds the designation of:
(1) chartered property casualty underwriter (CPCU) from the
American Institute for Chartered Property Casualty Underwriters;
(2) certified insurance counselor (CIC) from the national
Society of Certified Insurance Counselors; or
(3) associate in risk management (ARM) from the Insurance
Institute of America.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.056. REEXAMINATION. (a) An applicant who fails the
examination may retake the examination on payment of an
additional examination fee.
(b) The commissioner may require the applicant to wait for a
reasonable period determined by the commissioner before the
applicant may retake the examination.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.057. FEES. (a) The commissioner shall set and
collect in advance a nonrefundable fee, in an amount not to
exceed $50, for:
(1) an examination required by this chapter if the department
administers the examination;
(2) a risk manager's license; and
(3) the renewal of a risk manager's license.
(b) A fee collected under this section shall be deposited to the
credit of the Texas Department of Insurance operating account.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.058. RECIPROCAL LICENSE. On submission of an
application and the license fee required by Section 4153.057, a
person may receive a risk manager's license without examination
if the person is licensed as a risk manager by another state, the
licensing requirements of which were, on the date the license was
issued, substantially equivalent to the requirements prescribed
by this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.059. LICENSE EXPIRATION. Except as otherwise provided
by a staggered renewal system adopted under Section 4003.002, a
risk manager's license expires on the second anniversary of the
date the license was issued.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.060. LICENSE RENEWAL. (a) A license holder may renew
an unexpired license by:
(1) filing with the department a completed renewal application;
and
(2) paying the nonrefundable renewal fee.
(b) The commissioner shall issue a renewal certificate to the
license holder if the commissioner determines the license holder
continues to be eligible for the license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER C. POWERS AND DUTIES OF RISK MANAGERS
Sec. 4153.101. PLACE OF BUSINESS. A license holder shall
maintain a place of business in this state that is:
(1) accessible to the public; and
(2) located at the place at which the license holder principally
conducts business.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.102. NOTIFICATION OF CHANGE OF PLACE OF BUSINESS. A
license holder who changes the address of the license holder's
place of business from the address that appears on the license
shall notify the department of that change as provided by
department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER D. DISCIPLINARY ACTION
Sec. 4153.151. GROUNDS FOR DISCIPLINARY ACTION. The department
may discipline a license holder or deny an applicant a license
under Subchapter C, Chapter 4005:
(1) for any cause for which, if known by the department,
issuance of the license could have been refused; or
(2) if the license holder or applicant:
(A) wilfully or knowingly violates this chapter, an insurance
law of this state, or a department rule;
(B) obtains or attempts to obtain a license through wilful
misrepresentation or fraud;
(C) fails the examination required by this chapter; or
(D) is convicted on final judgment of a felony.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.152. LICENSE SUSPENSION. (a) An order suspending a
license must specify the duration of the suspension period. The
department may not suspend a license for a period of more than 12
months.
(b) A license holder whose license is revoked or suspended shall
surrender the license to the commissioner at the commissioner's
request.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.153. REINSTATEMENT OR REISSUANCE OF LICENSE. The
commissioner may not reinstate the license of or reissue a
license to a person whose license is suspended or revoked or to
whom the department refuses to issue a renewal certificate until
the first anniversary of the date of the suspension, revocation,
or refusal to renew.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
State Codes and Statutes
Statutes > Texas > Insurance-code > Title-13-regulation-of-professionals > Chapter-4153-risk-managers
INSURANCE CODE
TITLE 13. REGULATION OF PROFESSIONALS
SUBTITLE D. OTHER PROFESSIONALS
CHAPTER 4153. RISK MANAGERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4153.001. DEFINITION. In this chapter, "risk manager"
means a person who:
(1) represents to the public that the person is a risk manager;
and
(2) for compensation examines or evaluates risks for and
provides advice regarding reduction of risks to a person seeking
to obtain or renew property and casualty insurance coverage in
this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.002. EXEMPTIONS. This chapter does not apply to a
person who is employed as a risk manager by:
(1) a liability insurance company authorized to engage in
business in this state;
(2) a single employer; or
(3) a public self-insurance pool.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.003. RULES. The commissioner may adopt rules
necessary to carry out this chapter and to regulate risk
managers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER B. LICENSE REQUIREMENTS
Sec. 4153.051. LICENSE REQUIRED. A person may not act as or
represent that the person is a risk manager in this state unless
the person:
(1) meets the requirements prescribed by this chapter and
department rules; and
(2) holds a license issued by the department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.052. APPLICATION. (a) To obtain a license to act as
a risk manager in this state, an applicant must submit to the
department an application on forms prescribed by the commissioner
and provided by the department.
(b) An application must be accompanied by the license fee
required by Section 4153.057 and include:
(1) information the department requires relating to the
applicant's identity, personal history, experience, and business
record; and
(2) any other information the department requires.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.053. QUALIFICATIONS. To qualify for a risk manager's
license, an applicant must:
(1) be at least 18 years of age;
(2) maintain a place of business in this state;
(3) meet the application requirements prescribed by this chapter
and department rules;
(4) take and pass the examination required by this chapter; and
(5) pay the examination and license fees.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.054. EXAMINATION. (a) Except as provided by Sections
4153.055 and 4153.058, an applicant for a risk manager's license
must personally take and pass an examination to the satisfaction
of the commissioner under this chapter and department rules.
(b) The commissioner shall prescribe the examination for a risk
manager's license. The examination must:
(1) be designed to test the qualifications and competency of the
applicant to be a risk manager; and
(2) be of sufficient scope to reasonably test the applicant's
knowledge of risk management and the duties and responsibilities
of a risk manager under the laws of this state and department
rules.
(c) The department shall:
(1) determine the times and places for examinations; and
(2) give reasonable public notice of the examinations in the
manner provided by department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.055. EXEMPTIONS FROM EXAMINATION REQUIREMENT. An
applicant is not required to take an examination to obtain a risk
manager's license if the applicant holds the designation of:
(1) chartered property casualty underwriter (CPCU) from the
American Institute for Chartered Property Casualty Underwriters;
(2) certified insurance counselor (CIC) from the national
Society of Certified Insurance Counselors; or
(3) associate in risk management (ARM) from the Insurance
Institute of America.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.056. REEXAMINATION. (a) An applicant who fails the
examination may retake the examination on payment of an
additional examination fee.
(b) The commissioner may require the applicant to wait for a
reasonable period determined by the commissioner before the
applicant may retake the examination.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.057. FEES. (a) The commissioner shall set and
collect in advance a nonrefundable fee, in an amount not to
exceed $50, for:
(1) an examination required by this chapter if the department
administers the examination;
(2) a risk manager's license; and
(3) the renewal of a risk manager's license.
(b) A fee collected under this section shall be deposited to the
credit of the Texas Department of Insurance operating account.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.058. RECIPROCAL LICENSE. On submission of an
application and the license fee required by Section 4153.057, a
person may receive a risk manager's license without examination
if the person is licensed as a risk manager by another state, the
licensing requirements of which were, on the date the license was
issued, substantially equivalent to the requirements prescribed
by this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.059. LICENSE EXPIRATION. Except as otherwise provided
by a staggered renewal system adopted under Section 4003.002, a
risk manager's license expires on the second anniversary of the
date the license was issued.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.060. LICENSE RENEWAL. (a) A license holder may renew
an unexpired license by:
(1) filing with the department a completed renewal application;
and
(2) paying the nonrefundable renewal fee.
(b) The commissioner shall issue a renewal certificate to the
license holder if the commissioner determines the license holder
continues to be eligible for the license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER C. POWERS AND DUTIES OF RISK MANAGERS
Sec. 4153.101. PLACE OF BUSINESS. A license holder shall
maintain a place of business in this state that is:
(1) accessible to the public; and
(2) located at the place at which the license holder principally
conducts business.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.102. NOTIFICATION OF CHANGE OF PLACE OF BUSINESS. A
license holder who changes the address of the license holder's
place of business from the address that appears on the license
shall notify the department of that change as provided by
department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER D. DISCIPLINARY ACTION
Sec. 4153.151. GROUNDS FOR DISCIPLINARY ACTION. The department
may discipline a license holder or deny an applicant a license
under Subchapter C, Chapter 4005:
(1) for any cause for which, if known by the department,
issuance of the license could have been refused; or
(2) if the license holder or applicant:
(A) wilfully or knowingly violates this chapter, an insurance
law of this state, or a department rule;
(B) obtains or attempts to obtain a license through wilful
misrepresentation or fraud;
(C) fails the examination required by this chapter; or
(D) is convicted on final judgment of a felony.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.152. LICENSE SUSPENSION. (a) An order suspending a
license must specify the duration of the suspension period. The
department may not suspend a license for a period of more than 12
months.
(b) A license holder whose license is revoked or suspended shall
surrender the license to the commissioner at the commissioner's
request.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.153. REINSTATEMENT OR REISSUANCE OF LICENSE. The
commissioner may not reinstate the license of or reissue a
license to a person whose license is suspended or revoked or to
whom the department refuses to issue a renewal certificate until
the first anniversary of the date of the suspension, revocation,
or refusal to renew.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
State Codes and Statutes
Statutes >
Texas >
Insurance-code >
Title-13-regulation-of-professionals >
Chapter-4153-risk-managers INSURANCE CODE
TITLE 13. REGULATION OF PROFESSIONALS
SUBTITLE D. OTHER PROFESSIONALS
CHAPTER 4153. RISK MANAGERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4153.001. DEFINITION. In this chapter, "risk manager"
means a person who:
(1) represents to the public that the person is a risk manager;
and
(2) for compensation examines or evaluates risks for and
provides advice regarding reduction of risks to a person seeking
to obtain or renew property and casualty insurance coverage in
this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.002. EXEMPTIONS. This chapter does not apply to a
person who is employed as a risk manager by:
(1) a liability insurance company authorized to engage in
business in this state;
(2) a single employer; or
(3) a public self-insurance pool.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.003. RULES. The commissioner may adopt rules
necessary to carry out this chapter and to regulate risk
managers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER B. LICENSE REQUIREMENTS
Sec. 4153.051. LICENSE REQUIRED. A person may not act as or
represent that the person is a risk manager in this state unless
the person:
(1) meets the requirements prescribed by this chapter and
department rules; and
(2) holds a license issued by the department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.052. APPLICATION. (a) To obtain a license to act as
a risk manager in this state, an applicant must submit to the
department an application on forms prescribed by the commissioner
and provided by the department.
(b) An application must be accompanied by the license fee
required by Section 4153.057 and include:
(1) information the department requires relating to the
applicant's identity, personal history, experience, and business
record; and
(2) any other information the department requires.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.053. QUALIFICATIONS. To qualify for a risk manager's
license, an applicant must:
(1) be at least 18 years of age;
(2) maintain a place of business in this state;
(3) meet the application requirements prescribed by this chapter
and department rules;
(4) take and pass the examination required by this chapter; and
(5) pay the examination and license fees.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.054. EXAMINATION. (a) Except as provided by Sections
4153.055 and 4153.058, an applicant for a risk manager's license
must personally take and pass an examination to the satisfaction
of the commissioner under this chapter and department rules.
(b) The commissioner shall prescribe the examination for a risk
manager's license. The examination must:
(1) be designed to test the qualifications and competency of the
applicant to be a risk manager; and
(2) be of sufficient scope to reasonably test the applicant's
knowledge of risk management and the duties and responsibilities
of a risk manager under the laws of this state and department
rules.
(c) The department shall:
(1) determine the times and places for examinations; and
(2) give reasonable public notice of the examinations in the
manner provided by department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.055. EXEMPTIONS FROM EXAMINATION REQUIREMENT. An
applicant is not required to take an examination to obtain a risk
manager's license if the applicant holds the designation of:
(1) chartered property casualty underwriter (CPCU) from the
American Institute for Chartered Property Casualty Underwriters;
(2) certified insurance counselor (CIC) from the national
Society of Certified Insurance Counselors; or
(3) associate in risk management (ARM) from the Insurance
Institute of America.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.056. REEXAMINATION. (a) An applicant who fails the
examination may retake the examination on payment of an
additional examination fee.
(b) The commissioner may require the applicant to wait for a
reasonable period determined by the commissioner before the
applicant may retake the examination.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.057. FEES. (a) The commissioner shall set and
collect in advance a nonrefundable fee, in an amount not to
exceed $50, for:
(1) an examination required by this chapter if the department
administers the examination;
(2) a risk manager's license; and
(3) the renewal of a risk manager's license.
(b) A fee collected under this section shall be deposited to the
credit of the Texas Department of Insurance operating account.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.058. RECIPROCAL LICENSE. On submission of an
application and the license fee required by Section 4153.057, a
person may receive a risk manager's license without examination
if the person is licensed as a risk manager by another state, the
licensing requirements of which were, on the date the license was
issued, substantially equivalent to the requirements prescribed
by this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.059. LICENSE EXPIRATION. Except as otherwise provided
by a staggered renewal system adopted under Section 4003.002, a
risk manager's license expires on the second anniversary of the
date the license was issued.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.060. LICENSE RENEWAL. (a) A license holder may renew
an unexpired license by:
(1) filing with the department a completed renewal application;
and
(2) paying the nonrefundable renewal fee.
(b) The commissioner shall issue a renewal certificate to the
license holder if the commissioner determines the license holder
continues to be eligible for the license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER C. POWERS AND DUTIES OF RISK MANAGERS
Sec. 4153.101. PLACE OF BUSINESS. A license holder shall
maintain a place of business in this state that is:
(1) accessible to the public; and
(2) located at the place at which the license holder principally
conducts business.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.102. NOTIFICATION OF CHANGE OF PLACE OF BUSINESS. A
license holder who changes the address of the license holder's
place of business from the address that appears on the license
shall notify the department of that change as provided by
department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
SUBCHAPTER D. DISCIPLINARY ACTION
Sec. 4153.151. GROUNDS FOR DISCIPLINARY ACTION. The department
may discipline a license holder or deny an applicant a license
under Subchapter C, Chapter 4005:
(1) for any cause for which, if known by the department,
issuance of the license could have been refused; or
(2) if the license holder or applicant:
(A) wilfully or knowingly violates this chapter, an insurance
law of this state, or a department rule;
(B) obtains or attempts to obtain a license through wilful
misrepresentation or fraud;
(C) fails the examination required by this chapter; or
(D) is convicted on final judgment of a felony.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.152. LICENSE SUSPENSION. (a) An order suspending a
license must specify the duration of the suspension period. The
department may not suspend a license for a period of more than 12
months.
(b) A license holder whose license is revoked or suspended shall
surrender the license to the commissioner at the commissioner's
request.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
Sec. 4153.153. REINSTATEMENT OR REISSUANCE OF LICENSE. The
commissioner may not reinstate the license of or reissue a
license to a person whose license is suspended or revoked or to
whom the department refuses to issue a renewal certificate until
the first anniversary of the date of the suspension, revocation,
or refusal to renew.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,
2005.
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