1 | 1 | | By: Averitt S.B. No. 2342 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | A BILL TO BE ENTITLED |
---|
5 | 5 | | AN ACT |
---|
6 | 6 | | relating to the regulation of certain insurers. |
---|
7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
8 | 8 | | SECTION 1. Subsection (a), Article 5.13, Insurance Code, is |
---|
9 | 9 | | amended to read as follows: |
---|
10 | 10 | | (a) This subchapter applies to every insurance company, |
---|
11 | 11 | | corporation, interinsurance exchange, mutual, reciprocal, |
---|
12 | 12 | | association, Lloyd's plan, or other organization or insurer writing |
---|
13 | 13 | | any of the characters of insurance business herein set forth, |
---|
14 | 14 | | hereinafter called "Insurer"; provided that nothing in this entire |
---|
15 | 15 | | subchapter shall be construed to apply to any county or farm mutual |
---|
16 | 16 | | insurance company or association, as regulated under Chapters 911 |
---|
17 | 17 | | and 912 of this code, except that[: |
---|
18 | 18 | | [(1)] Article 5.13-2 of this code shall apply to a |
---|
19 | 19 | | county mutual insurance company with respect to personal automobile |
---|
20 | 20 | | and commercial automobile insurance, residential and commercial |
---|
21 | 21 | | property insurance, and inland marine insurance[; |
---|
22 | 22 | | [(2) Article 5.20 of this code shall apply to a county |
---|
23 | 23 | | mutual insurance company with respect to each line of insurance |
---|
24 | 24 | | that a county mutual insurance company is authorized to write under |
---|
25 | 25 | | Section 912.151; and |
---|
26 | 26 | | [(3) Article 5.20 of this code shall apply to a farm |
---|
27 | 27 | | mutual insurance company with respect to each line of insurance |
---|
28 | 28 | | that a farm mutual insurance company is authorized to write under |
---|
29 | 29 | | Section 911.151]. |
---|
30 | 30 | | SECTION 2. Subsection (d), Section 822.055, Insurance Code, |
---|
31 | 31 | | is amended to read as follows: |
---|
32 | 32 | | (d) The shareholders of an insurance company authorizing |
---|
33 | 33 | | par value shares of stock must in good faith subscribe and fully pay |
---|
34 | 34 | | for shares representing at least 50 percent of the total par value |
---|
35 | 35 | | of the authorized shares with a par value [before the company: |
---|
36 | 36 | | [(1) is granted a charter; or |
---|
37 | 37 | | [(2) amends its charter to: |
---|
38 | 38 | | [(A) authorize the issuance of par value shares; |
---|
39 | 39 | | or |
---|
40 | 40 | | [(B) increase or decrease from time to time the |
---|
41 | 41 | | number of authorized par value shares]. |
---|
42 | 42 | | SECTION 3. Subsection (d), Section 822.056, Insurance Code, |
---|
43 | 43 | | is amended to read as follows: |
---|
44 | 44 | | (d) The shareholders of an insurance company authorizing |
---|
45 | 45 | | shares of stock without par value must in good faith subscribe and |
---|
46 | 46 | | pay for shares representing at least 50 percent of the authorized |
---|
47 | 47 | | shares without par value before the company is granted a charter [or |
---|
48 | 48 | | has its charter amended to authorize the issuance of shares without |
---|
49 | 49 | | par value]. The total amount paid for the shares must be at least |
---|
50 | 50 | | $250,000. |
---|
51 | 51 | | SECTION 4. Subsection (a), Section 912.152, Insurance Code, |
---|
52 | 52 | | is amended to read as follows: |
---|
53 | 53 | | (a) A county mutual insurance company is subject to: |
---|
54 | 54 | | (1) Sections 1952.051-1952.055; |
---|
55 | 55 | | (2) Subchapter B, Chapter 2002; and |
---|
56 | 56 | | (3) Chapter 2301[; and |
---|
57 | 57 | | [(4) Articles 5.06 and 5.35]. |
---|
58 | 58 | | SECTION 5. Subsection (b), Section 1953.001, Insurance |
---|
59 | 59 | | Code, is amended to read as follows: |
---|
60 | 60 | | (b) A type or class of insurance to which this section |
---|
61 | 61 | | applies is excluded from regulation under this chapter and: |
---|
62 | 62 | | (1) Articles 5.01, 5.01B, 5.03, 5.04, and 5.04-1[, |
---|
63 | 63 | | 5.06, 5.10, and 5.11]; |
---|
64 | 64 | | (2) Chapters 251 and 254; |
---|
65 | 65 | | (3) Subchapters A and B, Chapter 1806; and |
---|
66 | 66 | | (4) Chapters 1951 and 1952. |
---|
67 | 67 | | SECTION 6. The following sections of the Insurance Code are |
---|
68 | 68 | | repealed: |
---|
69 | 69 | | (1) Section 911.067; |
---|
70 | 70 | | (2) Section 912.061; and |
---|
71 | 71 | | (3) Section 912.302. |
---|
72 | 72 | | SECTION 7. (a) The repeal by this Act of Sections 911.067 |
---|
73 | 73 | | and 912.061, Insurance Code, does not apply to an application for an |
---|
74 | 74 | | extension of charter submitted before the effective date of this |
---|
75 | 75 | | Act. An application submitted before the effective date of this Act |
---|
76 | 76 | | is governed by the law in effect immediately before the effective |
---|
77 | 77 | | date of this Act, and that law is continued in effect for that |
---|
78 | 78 | | purpose. |
---|
79 | 79 | | (b) The repeal by this Act of Section 912.302, Insurance |
---|
80 | 80 | | Code, applies only to an annual statement filed on or after the |
---|
81 | 81 | | effective date of this Act. A statement filed before the effective |
---|
82 | 82 | | date of this Act is governed by the law in effect immediately before |
---|
83 | 83 | | the effective date of this Act, and that law is continued in effect |
---|
84 | 84 | | for that purpose. |
---|
85 | 85 | | SECTION 8. This Act takes effect September 1, 2009. |
---|