(a) Purpose. The purpose of this subchapter is to implement licensing of risk managers as prescribed by the Insurance Code, Article 21.14-1. The purpose of a license issued under this subchapter is to authorize and enable the licensee actively and in good faith to engage in the business of risk management (and property and casualty insurance consulting) with respect to the general public, and to facilitate the public supervision of such activities in the public interest, and not for the purpose of enabling the licensee to receive a rebate of premium in the form of commission or other compensation upon the licensee's own interest or upon the interests of other persons with whom the licensee is closely associated. A license as risk manager does not authorize adjusting of losses and does not authorize receipt of compensation from insurers or agents for the sale or placement of insurance.
(b) Severability. If any provision of this subchapter isdetermined by a court of competent jurisdiction to be inconsistent with the Insurance Code, Article 21.14-1, that article will apply, but the remaining provisions of this subchapter will continue in effect.
(c) Effect of rules. The rules set forth in this subchapter are prescribed to govern the performance of appropriate statutory and regulatory functions and are not to be construed as limitations upon the exercise of statutory authority by the State Board of Insurance and the commissioner of insurance.
(d) Violation of rules. A violation of the lawful rules, regulations, or orders issued by the commissioner or board pursuant to the provisions of this subchapter constitutes a violation of the Insurance Code, Article 21.14-1.
(e) Gender and number. Whenever the context of the Insurance Code, Article 21.14-1, or of the provisions of this subchapter so requires, the masculine gender includes the feminine and/or neuter, and thesingular includes the plural.
Source Note: The provisions of this §19.1301 adopted to be effective May 4, 1989, 14 TexReg 1934.