State Codes and Statutes

Statutes > Texas > Insurance-code > Title-2-texas-department-of-insurance > Chapter-33-standards-of-conduct

INSURANCE CODE

TITLE 2. TEXAS DEPARTMENT OF INSURANCE

SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE

CHAPTER 33. STANDARDS OF CONDUCT

Sec. 33.001. APPLICATION OF LAW RELATING TO ETHICAL CONDUCT.

The commissioner and each employee or agent of the department is

subject to the code of ethics and the standard of conduct imposed

by Chapter 572, Government Code, and any other law regulating the

ethical conduct of state officers and employees.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.002. INSURANCE BUSINESS INTEREST; SERVICE AS

COMMISSIONER. (a) A person is not eligible for appointment as

commissioner if the person, the person's spouse, or any other

person who resides in the same household as the person:

(1) is registered, certified, or licensed by the department;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the department;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving funds from the department; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than compensation

or reimbursement authorized by law.

(b) A person is not eligible for appointment as commissioner if

the person:

(1) is a stockholder, director, officer, attorney, agent, or

employee of an insurance company, insurance agent, insurance

broker, or insurance adjuster; or

(2) is directly or indirectly interested in a business described

by Subdivision (1).

(c) Subsection (b) does not apply to:

(1) a person solely because the person is insured by an insurer

or is the beneficiary of insurance; or

(2) a person who:

(A) is appointed as a receiver, liquidator, supervisor, or

conservator of an insurer; or

(B) is an employee of a receiver, liquidator, supervisor, or

conservator of an insurer with respect to duties under that

employment.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.003. INSURANCE BUSINESS INTEREST; EMPLOYEE. (a) A

person who is a director, officer, attorney, agent, or employee

of an insurance company, insurance agent, insurance broker, or

insurance adjuster may not be employed by the department.

(b) A person who resides in the same household as a person who

is an officer, managerial employee, or paid consultant in the

insurance industry may not be employed in an exempt salary

position as defined by the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.004. TRADE ASSOCIATIONS. (a) A person who is an

officer, employee, or paid consultant of a trade association in

the field of insurance may not be:

(1) the commissioner; or

(2) an employee of the department who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group A17, of the position classification salary schedule.

(b) A person who is the spouse of an officer, manager, or paid

consultant of a trade association in the field of insurance may

not be:

(1) the commissioner; or

(2) an employee of the department who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group A17, of the position classification salary schedule.

(c) In this section, "trade association" means a nonprofit,

cooperative, and voluntarily joined association of business or

professional competitors designed to assist its members and its

industry or profession in dealing with mutual business or

professional problems and in promoting their common interest.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.005. LOBBYING ACTIVITIES. A person may not serve as the

commissioner or act as the general counsel to the commissioner if

the person is required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the department.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.006. FORMER SERVICE. A person may not serve as the

commissioner if the person served as a member of the State Board

of Insurance.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.007. PROHIBITED REPRESENTATION. (a) A person who

served as the commissioner, the general counsel to the

commissioner, or the public insurance counsel, or as an employee

of the State Office of Administrative Hearings who was involved

in hearing cases under this code, another insurance law of this

state, or Title 5, Labor Code, commits an offense if the person

represents another person in a matter before the department or

receives compensation for services performed on behalf of another

person regarding a matter pending before the department during

the one-year period after the date the person ceased to be the

commissioner, the general counsel to the commissioner, the public

insurance counsel, or an employee of the State Office of

Administrative Hearings.

(b) A person who served as a member of the State Board of

Insurance or as a staff employee of a member of the State Board

of Insurance, or who served as the commissioner, the general

counsel to the commissioner, or the public insurance counsel or

as an employee of the department or the State Office of

Administrative Hearings, commits an offense if, after the person

ceased to serve, the person represents another person or receives

compensation for services performed on behalf of another person

regarding a matter with which the person was directly concerned

during the person's service. For purposes of this subsection, a

person was directly concerned with a matter if the person had

personal involvement with the matter or if the matter was within

the scope of the person's official responsibility.

(c) An offense under this section is a Class A misdemeanor.

(d) This section does not apply to a department employee whose

position is eliminated as a direct result of a reduction in the

department's workforce.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.054, eff. September 1, 2005.

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-2-texas-department-of-insurance > Chapter-33-standards-of-conduct

INSURANCE CODE

TITLE 2. TEXAS DEPARTMENT OF INSURANCE

SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE

CHAPTER 33. STANDARDS OF CONDUCT

Sec. 33.001. APPLICATION OF LAW RELATING TO ETHICAL CONDUCT.

The commissioner and each employee or agent of the department is

subject to the code of ethics and the standard of conduct imposed

by Chapter 572, Government Code, and any other law regulating the

ethical conduct of state officers and employees.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.002. INSURANCE BUSINESS INTEREST; SERVICE AS

COMMISSIONER. (a) A person is not eligible for appointment as

commissioner if the person, the person's spouse, or any other

person who resides in the same household as the person:

(1) is registered, certified, or licensed by the department;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the department;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving funds from the department; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than compensation

or reimbursement authorized by law.

(b) A person is not eligible for appointment as commissioner if

the person:

(1) is a stockholder, director, officer, attorney, agent, or

employee of an insurance company, insurance agent, insurance

broker, or insurance adjuster; or

(2) is directly or indirectly interested in a business described

by Subdivision (1).

(c) Subsection (b) does not apply to:

(1) a person solely because the person is insured by an insurer

or is the beneficiary of insurance; or

(2) a person who:

(A) is appointed as a receiver, liquidator, supervisor, or

conservator of an insurer; or

(B) is an employee of a receiver, liquidator, supervisor, or

conservator of an insurer with respect to duties under that

employment.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.003. INSURANCE BUSINESS INTEREST; EMPLOYEE. (a) A

person who is a director, officer, attorney, agent, or employee

of an insurance company, insurance agent, insurance broker, or

insurance adjuster may not be employed by the department.

(b) A person who resides in the same household as a person who

is an officer, managerial employee, or paid consultant in the

insurance industry may not be employed in an exempt salary

position as defined by the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.004. TRADE ASSOCIATIONS. (a) A person who is an

officer, employee, or paid consultant of a trade association in

the field of insurance may not be:

(1) the commissioner; or

(2) an employee of the department who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group A17, of the position classification salary schedule.

(b) A person who is the spouse of an officer, manager, or paid

consultant of a trade association in the field of insurance may

not be:

(1) the commissioner; or

(2) an employee of the department who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group A17, of the position classification salary schedule.

(c) In this section, "trade association" means a nonprofit,

cooperative, and voluntarily joined association of business or

professional competitors designed to assist its members and its

industry or profession in dealing with mutual business or

professional problems and in promoting their common interest.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.005. LOBBYING ACTIVITIES. A person may not serve as the

commissioner or act as the general counsel to the commissioner if

the person is required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the department.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.006. FORMER SERVICE. A person may not serve as the

commissioner if the person served as a member of the State Board

of Insurance.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.007. PROHIBITED REPRESENTATION. (a) A person who

served as the commissioner, the general counsel to the

commissioner, or the public insurance counsel, or as an employee

of the State Office of Administrative Hearings who was involved

in hearing cases under this code, another insurance law of this

state, or Title 5, Labor Code, commits an offense if the person

represents another person in a matter before the department or

receives compensation for services performed on behalf of another

person regarding a matter pending before the department during

the one-year period after the date the person ceased to be the

commissioner, the general counsel to the commissioner, the public

insurance counsel, or an employee of the State Office of

Administrative Hearings.

(b) A person who served as a member of the State Board of

Insurance or as a staff employee of a member of the State Board

of Insurance, or who served as the commissioner, the general

counsel to the commissioner, or the public insurance counsel or

as an employee of the department or the State Office of

Administrative Hearings, commits an offense if, after the person

ceased to serve, the person represents another person or receives

compensation for services performed on behalf of another person

regarding a matter with which the person was directly concerned

during the person's service. For purposes of this subsection, a

person was directly concerned with a matter if the person had

personal involvement with the matter or if the matter was within

the scope of the person's official responsibility.

(c) An offense under this section is a Class A misdemeanor.

(d) This section does not apply to a department employee whose

position is eliminated as a direct result of a reduction in the

department's workforce.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.054, eff. September 1, 2005.


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-2-texas-department-of-insurance > Chapter-33-standards-of-conduct

INSURANCE CODE

TITLE 2. TEXAS DEPARTMENT OF INSURANCE

SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE

CHAPTER 33. STANDARDS OF CONDUCT

Sec. 33.001. APPLICATION OF LAW RELATING TO ETHICAL CONDUCT.

The commissioner and each employee or agent of the department is

subject to the code of ethics and the standard of conduct imposed

by Chapter 572, Government Code, and any other law regulating the

ethical conduct of state officers and employees.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.002. INSURANCE BUSINESS INTEREST; SERVICE AS

COMMISSIONER. (a) A person is not eligible for appointment as

commissioner if the person, the person's spouse, or any other

person who resides in the same household as the person:

(1) is registered, certified, or licensed by the department;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the department;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving funds from the department; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the department, other than compensation

or reimbursement authorized by law.

(b) A person is not eligible for appointment as commissioner if

the person:

(1) is a stockholder, director, officer, attorney, agent, or

employee of an insurance company, insurance agent, insurance

broker, or insurance adjuster; or

(2) is directly or indirectly interested in a business described

by Subdivision (1).

(c) Subsection (b) does not apply to:

(1) a person solely because the person is insured by an insurer

or is the beneficiary of insurance; or

(2) a person who:

(A) is appointed as a receiver, liquidator, supervisor, or

conservator of an insurer; or

(B) is an employee of a receiver, liquidator, supervisor, or

conservator of an insurer with respect to duties under that

employment.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.003. INSURANCE BUSINESS INTEREST; EMPLOYEE. (a) A

person who is a director, officer, attorney, agent, or employee

of an insurance company, insurance agent, insurance broker, or

insurance adjuster may not be employed by the department.

(b) A person who resides in the same household as a person who

is an officer, managerial employee, or paid consultant in the

insurance industry may not be employed in an exempt salary

position as defined by the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.004. TRADE ASSOCIATIONS. (a) A person who is an

officer, employee, or paid consultant of a trade association in

the field of insurance may not be:

(1) the commissioner; or

(2) an employee of the department who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group A17, of the position classification salary schedule.

(b) A person who is the spouse of an officer, manager, or paid

consultant of a trade association in the field of insurance may

not be:

(1) the commissioner; or

(2) an employee of the department who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group A17, of the position classification salary schedule.

(c) In this section, "trade association" means a nonprofit,

cooperative, and voluntarily joined association of business or

professional competitors designed to assist its members and its

industry or profession in dealing with mutual business or

professional problems and in promoting their common interest.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.005. LOBBYING ACTIVITIES. A person may not serve as the

commissioner or act as the general counsel to the commissioner if

the person is required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the department.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.006. FORMER SERVICE. A person may not serve as the

commissioner if the person served as a member of the State Board

of Insurance.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 33.007. PROHIBITED REPRESENTATION. (a) A person who

served as the commissioner, the general counsel to the

commissioner, or the public insurance counsel, or as an employee

of the State Office of Administrative Hearings who was involved

in hearing cases under this code, another insurance law of this

state, or Title 5, Labor Code, commits an offense if the person

represents another person in a matter before the department or

receives compensation for services performed on behalf of another

person regarding a matter pending before the department during

the one-year period after the date the person ceased to be the

commissioner, the general counsel to the commissioner, the public

insurance counsel, or an employee of the State Office of

Administrative Hearings.

(b) A person who served as a member of the State Board of

Insurance or as a staff employee of a member of the State Board

of Insurance, or who served as the commissioner, the general

counsel to the commissioner, or the public insurance counsel or

as an employee of the department or the State Office of

Administrative Hearings, commits an offense if, after the person

ceased to serve, the person represents another person or receives

compensation for services performed on behalf of another person

regarding a matter with which the person was directly concerned

during the person's service. For purposes of this subsection, a

person was directly concerned with a matter if the person had

personal involvement with the matter or if the matter was within

the scope of the person's official responsibility.

(c) An offense under this section is a Class A misdemeanor.

(d) This section does not apply to a department employee whose

position is eliminated as a direct result of a reduction in the

department's workforce.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.054, eff. September 1, 2005.


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.