28 Tex. Admin. Code § 19.1003

Current through Reg. 49, No. 45; November 8, 2024
Section 19.1003 - Licensee Hour and Completion Requirements
(a) Continuing education hour requirement. Except as provided in subsections (c) - (e) of this section, for each license and reporting period that the individual is licensed, each licensee must complete 24 hours of continuing education, except that licensees holding only a license issued under Insurance Code Chapter 4051, Subchapter C, concerning Limited Property and Casualty License; Chapter 4051, Subchapter E, concerning County Mutual Agent License; Chapter 4054, Subchapter C, concerning Limited Life, Accident, and Health License; or Chapter 4054, Subchapter E, concerning Life Insurance not Exceeding $25,000 must complete 10 hours of continuing education. The following requirements apply:
(1) licensees must:
(A) complete all required continuing education hours during the reporting period to avoid fines and be eligible to renew the license. A licensee who obtains a new license during the reporting period for an existing license held by the licensee may count all prior continuing education credits earned in the reporting period for the active license towards the new license if the licenses have the same expiration date;
(B) complete at least two hours of the licensee's continuing education requirement in certified ethics or consumer protection courses;
(C) complete at least 50% of the licensee's required continuing education hours in certified classroom or classroom equivalent courses; and
(D) complete the remainder of the continuing education requirement by completing certified courses applicable to any license type.
(2) Continuing education credit will not be granted for:
(A) any continuing education course credit received before the date the license is issued by TDI, including course credit earned while acting under a temporary license or a provisional permit, towards complying with the licensee's applicable continuing education requirement, except as provided in § 19.1021 of this title (relating to Flood Insurance Education Course) and subsection (e) of this section;
(B) carry forward excess hours completed in one reporting period to a subsequent reporting period; or
(C) the current reporting period for any credit hours completed under Insurance Code § 4004.055, concerning Consequences of Failure to Complete Continuing Education Requirement, to correct a shortage of hours in a previous reporting period.
(b) Maximum hour requirement. Licensees holding more than one license issued under the Insurance Code are not required to complete more than the number of continuing education hours required under their greatest single license requirement for a license held by the licensee during the reporting period, three hours of which must be in certified ethics or consumer protection courses, within each reporting period. This requirement applies even if the licensee chooses to cancel or nonrenew the license with the requirement. If the licensee is required to complete certain continuing education courses or course hours to maintain a voluntary certification, including certifications under § 19.1022 of this title (relating to Long-Term Care Partnership Certification Course), § 19.1023 of this title (relating to Long-Term Care Partnership Continuing Education), § 19.1024 of this title (relating to Medicare-Related Product Certification Course), § 19.1025 of this title (relating to Medicare-Related Product Continuing Education), § 19.1026 of this title (relating to Small Employer Health Benefit Plan Specialty Certification Course), § 19.1027 of this title (relating to Small Employer Health Benefit Plan Specialty Continuing Education), § 19.1028 of this title (relating to Annuity Certification Course), and § 19.1029 of this title (relating to Annuity Continuing Education), the licensee must complete the requirement to maintain the certification even if the total number of hours would exceed the limit specified in this subsection.
(c) Adjuster prelicensing education. Adjuster applicants seeking an examination exemption under Insurance Code § 4101.056(a)(4), concerning Exemption from Examination Requirement, must complete both a certified adjuster prelicensing education course of not less than 40 hours, and pass the course examination testing the applicant's knowledge and qualifications set forth in this subchapter. Adjuster applicants must complete at least 30 hours of the course requirement through classroom or classroom equivalent course work.
(d) Prorated requirement. Licensees holding a license that was issued with a term of less than two years and those licensees who convert from nonresident to resident licenses during a reporting period, excluding adjusters with a license under which Texas is the designated home state, must complete continuing education hours based on a prorated schedule, as follows:
(1) for license types with a 24-hour requirement, one hour for each whole month between the issue or last renewal date of the license, or the date of Texas residency, to the end of the license period up to the maximum number of hours required for the license type during the reporting period; and
(2) for license types with a 10-hour requirement, the number of hours required in Figure: 28 TAC § 19.1003(d)(2) for the license period between the issue date or last renewal date of the license, or the date of Texas residency, to the end of the license period up to the maximum number of hours required for the license type during the reporting period.

Attached Graphic

(3) Notwithstanding paragraphs (1) and (2) of this subsection, a licensee is not required to complete continuing education for the reporting period if the prorated reporting period is less than six months; and
(4) a licensee may not apply hours completed before becoming a Texas resident licensee towards compliance with the continuing education requirement.
(e) Texas designated home state adjuster requirement. A designated home state adjuster licensee under which Texas is the designated home state must complete continuing educations under the same requirements as a Texas resident adjuster. A licensee that converts from the Texas designated home state adjuster license to a Texas resident adjuster license during the reporting period:
(1) must complete continuing education in the same manner as a Texas resident adjuster for the combined period the individual held the Texas designated home state adjuster license and the Texas resident adjuster license; and
(2) does not qualify for completing continuing education on a prorated basis if the licensee becomes a Texas resident between renewals of the Texas designated home state adjuster license.

28 Tex. Admin. Code § 19.1003

The provisions of this §19.1003 adopted to be effective May 27, 1994, 19 TexReg 3697; amended to be effective January 10, 1997, 22 TexReg 49; amended to be effective January 6, 2003, 28 TexReg 75; amended to be effective February 21, 2010, 35 TexReg 1271; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3377, eff. 5/31/2018; Amended by Texas Register, Volume 48, Number 24, June 16, 2023, TexReg 3290, eff. 6/19/2023