1 | 1 | | By: Sheets (Senate Sponsor - Estes) H.B. No. 1047 |
---|
2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
---|
3 | 3 | | May 7, 2013, read first time and referred to Committee on Business |
---|
4 | 4 | | and Commerce; May 14, 2013, reported favorably by the following |
---|
5 | 5 | | vote: Yeas 9, Nays 0; May 14, 2013, sent to printer.) |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | A BILL TO BE ENTITLED |
---|
9 | 9 | | AN ACT |
---|
10 | 10 | | relating to the regulation of certain surety companies. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 221.002(c), Insurance Code, is amended |
---|
13 | 13 | | to read as follows: |
---|
14 | 14 | | (c) The following premium receipts are not included in |
---|
15 | 15 | | determining an insurer's taxable premium receipts: |
---|
16 | 16 | | (1) premium receipts received from the business of |
---|
17 | 17 | | title insurance; |
---|
18 | 18 | | (2) premium receipts received from the business of |
---|
19 | 19 | | life insurance, personal accident insurance, life and accident |
---|
20 | 20 | | insurance, or health and accident insurance for profit, written by |
---|
21 | 21 | | a life insurance company, life and accident insurance company, |
---|
22 | 22 | | health and accident insurance company, or for mutual benefit or |
---|
23 | 23 | | protection in this state; |
---|
24 | 24 | | (3) premium receipts received from another authorized |
---|
25 | 25 | | insurer for reinsurance; |
---|
26 | 26 | | (4) returned premiums and dividends paid to |
---|
27 | 27 | | policyholders; [and] |
---|
28 | 28 | | (5) premiums excluded by another law of this state; |
---|
29 | 29 | | and |
---|
30 | 30 | | (6) premiums or service fees retained by a bail bond |
---|
31 | 31 | | surety licensed under Chapter 1704, Occupations Code, or by a |
---|
32 | 32 | | property and casualty agent in connection with the execution or |
---|
33 | 33 | | delivery of a bail bond as defined by Section 1704.001, Occupations |
---|
34 | 34 | | Code. |
---|
35 | 35 | | SECTION 2. Subchapter E, Chapter 3503, Insurance Code, is |
---|
36 | 36 | | amended by adding Sections 3503.202, 3503.203, and 3503.204 to read |
---|
37 | 37 | | as follows: |
---|
38 | 38 | | Sec. 3503.202. UNEARNED PREMIUM RESERVE FOR BAIL BOND NOT |
---|
39 | 39 | | REQUIRED. A surety company is not required to maintain an unearned |
---|
40 | 40 | | premium reserve for a bail bond, as defined by Section 1704.001, |
---|
41 | 41 | | Occupations Code, executed or delivered by the company. |
---|
42 | 42 | | Sec. 3503.203. DIRECT WRITTEN PREMIUM CALCULATION. Direct |
---|
43 | 43 | | written premium reported by a surety company in a financial |
---|
44 | 44 | | statement filed with the department may be calculated excluding any |
---|
45 | 45 | | premiums or service fees retained by a bail bond surety licensed |
---|
46 | 46 | | under Chapter 1704, Occupations Code, or by a property and casualty |
---|
47 | 47 | | agent in connection with the execution or delivery of a bail bond as |
---|
48 | 48 | | defined by Section 1704.001, Occupations Code. |
---|
49 | 49 | | Sec. 3503.204. DISCLOSURE REQUIREMENTS. A surety company |
---|
50 | 50 | | that executes or delivers in this state a bail bond as defined by |
---|
51 | 51 | | Section 1704.001, Occupations Code, shall disclose in the company's |
---|
52 | 52 | | financial statement filed with the department the aggregate amount |
---|
53 | 53 | | of: |
---|
54 | 54 | | (1) gross premium for bail bond business reported in |
---|
55 | 55 | | the company's surety line of business; |
---|
56 | 56 | | (2) premium or service fees retained by the bail bond |
---|
57 | 57 | | surety or agent; and |
---|
58 | 58 | | (3) premium for bail bond business received by the |
---|
59 | 59 | | company, net of amounts retained by the bail bond surety or agent. |
---|
60 | 60 | | SECTION 3. This Act takes effect September 1, 2013. |
---|
61 | 61 | | * * * * * |
---|