(a) Only one license of the same type permitted. No agent may hold more than one license of the same type currently in effect. An agent doing an insurance business subject to the provisions of this subchapter shall have the agent's license certificate issued in the agent's true name. If an individual is authorized to act as a particular type of agent, that individual need not obtain an additional license in order to participate in a licensed partnership or corporate agency of the same type, but the partnership or corporation must obtain a separate license. Any licensed agent may have additional offices or do an insurance business under assumed names without obtaining an additional license; provided, however, each agent must furnish the State Board of Insurance with a certification identifying any and all offices from which the agent will conduct an insurance agency business, and showing any and all assumed names which the agent will utilize in doing an
insurance agency business at each of those offices. Where such a filing is required under the Assumed Business or Professional Name Act (Texas Business and Commerce Code, §36.01, et seq.), or any similar statute, the agent shall provide the State Board of Insurance with a copy of the valid assumed name certificate reflecting proper registration of each assumed name utilized by the agent. (b) Standards for approval and disapproval of names to be used by licensed agents. (1) Name states or implies insurance capabilities not permitted under licenses applied for or held. No name proposed by an applicant or license shall be approved if such name states or implies, or would lead reasonable persons to infer, that the applicant or licensed agent is an insurer, motor club, hospital service plan, health maintenance organization, prepaid legal services organization, continuing care retirement community, or other entity entitled to engage in insurance
activities which in fact are not permitted under licenses applied for or held. (2) Name states or implies ability to act as an insurer or guarantor. No name proposed by an applicant or licensee shall be approved if such name states or implies, or would lead reasonable persons to infer, that the applicant or licensee is an insurer or guarantor. Nothing in this subsection prohibits the following: (A) any agent from indicating that such agent is an authorized representative of an admitted insurer if such agent is also clearly designated as an agent representing such insurer; or (B) any agent from using a name which includes "underwriter," "underwriters," or "underwriting." (3) When name is misleading. No name proposed by an applicant or licensee (other than the true name of an individual) shall be approved if it appears that use of the proposed name may mislead the public in any respect. A disapproval under this
paragraph may be based on one or more of the criteria listed in subparagraphs (A)-(C) of this paragraph. (A) The name is the same as, closely resembles, borrows on the name of, or implies affiliation with or sponsorship by, a federal, state, or local governmental authority or program. (B) The name fails to state or clearly indicate that the applicant or licensee is or will be an insurance agent and the name states or implies, or would lead reasonable persons to infer: (i) that the applicant or licensee is primarily engaged in some line of business other than the insurance business; (ii) that the applicant or licensee has expertise in the area of investment, tax shelter, financial or estate planning, or computer programming; or (iii) that the applicant or licensee is a public interest organization seeking to educate consumers or perform research for the public's benefit.
(C) The name makes use of one or more of the following words or phrases or a derivation of one or more of such words or phrases in a misleading manner: (i) "administrator"; (ii) "advisor"; (iii) "agency"; (iv) "America" or "American"; (v) "analyst"; (vi) "assigned risk"; (vii) "associate"; (viii) "association"; (ix) "assurance company" or "assurance corporation" or "assurance, incorporated"; (x) "benefit"; (xi) "broker"; (xii) "bureau"; (xiii) "care"; (xiv) "city"; (xv) "company"; (xvi) "compensation"; (xvii) "consultant"; (xviii) "consumer"; (xix) "coop" or "cooperative"; (xx) "corporation" or
"Corp."; (xxi) "counselor"; (xxii) "county"; (xxiii) "credit union"; (xxiv) "department"; (xxv) "deposit insurance"; (xxvi) "federal"; (xxvii) "financial advisor" or "financial consultant" or "financial planner"; (xxviii) "government"; (xxvix) "group"; (xxx) "HMO" or "health maintenance organization"; (xxi) "incorporated" or "Inc."; (xxxii) "Indemnity Company" or "Indemnity Corporation" or "Indemnity Inc."; (xxxiii) "insurer" or "insuror"; (xxxiv) "investment"; (xxxv) "investor"; (xxxvi) "Medi" when used as the first part of prefix of a word leg; (xxxvii) "mortgage guarantee" or "mortgage guaranty"; (xxxviii) "national";
(xxxix) "nationwide"; (xl) "no fault"; (xli) "plan"; (xlii) "referral"; (xliii) "research"; (xliv) "reserve"; (xlv) "savings"; (xlvi) "senior"; (xlvii) "service"; (xlviii) "social security"; (xlix) "state"; (l) "statewide"; (li) "Texas"; (lii) "trust"; (liii) "United States," "US," or "USA"; or (liv) "veteran". (D) The list of words and phrases appearing in subparagraph (C) of this paragraph is representative only. Such list is intended to serve as a standard or guideline and shall not be considered as enumerating the only words or phrases which might be used in a manner that would be misleading or would have the capacity or tendency to mislead the public in any respect.
Subparagraph (C) of this paragraph may be amended from time to time as conditions warrant revision. (4) Review of disapproval of proposed name by commissioner. Any applicant or licensee whose proposed name has been disapproved pursuant to these standards may request a hearing before the commissioner of insurance. Such request for hearing shall be in writing and shall be submitted to the commissioner no later than 30 days from written notice to the applicant or licensee of disapproval. (5) Enforcement of standards. The standards established by these regulations are applicable to names filed with the State Board of Insurance upon the effective date of these rules. Agents may continue to use the name(s) under which they are licensed. The adoption of these regulations does not affect the authority of the State Board of Insurance to order an agent to discontinue the use of a name that is shown to mislead the public and violate the Insurance Code,
Article 21.21, or rules adopted thereunder; provided, however, that any such action by the State Board of Insurance shall be conducted in accordance with the Insurance Code. (c) Name registration form to be used. The State Board of Insurance adopts by reference Form LDTL in effect on October 1, 1987. In order to comply with the requirements of this section, an agent must register any assumed name or additional office by filing with the Agents License Division of the State Board of Insurance a completed Form LDTL together with the required fee. Any such filing of a Form LDTL shall be treated as an application for expansion of an agent's license authority, and, therefore, a fee equal to the highest license fee established by the State Board of Insurance for any license currently held by the agent shall be paid in support of such filings. Copies of Form LDTL for use under this subsection are available from the Agents License Division, Mail Code 014-3, State Board
of Insurance, 1110 San Jacinto Boulevard, Austin, Texas 78701-1998.
Source Note: The provisions of this §19.902 adopted to be effective October 6, 1987, 12 TexReg 3331; amended to be effective April 3, 1990, 15 TexReg 1589.