| 1 | 1 | | By: Eiland (Senate Sponsor - Van de Putte) H.B. No. 2163 |
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| 2 | 2 | | (In the Senate - Received from the House May 10, 2013; |
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| 3 | 3 | | May 10, 2013, read first time and referred to Committee on Business |
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| 4 | 4 | | and Commerce; May 16, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; May 16, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to an annual assessment on insurers for the examination of |
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| 11 | 11 | | insurers; imposing an assessment. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 401.152, Insurance Code, is amended by |
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| 14 | 14 | | adding Subsection (a-1) to read as follows: |
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| 15 | 15 | | (a-1) The department shall also impose an annual assessment |
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| 16 | 16 | | on insurers not organized under the laws of this state subject to |
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| 17 | 17 | | examination as described by this section in an amount sufficient to |
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| 18 | 18 | | meet all other expenses and disbursements necessary to comply with |
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| 19 | 19 | | the laws of this state relating to the examination of insurers. The |
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| 20 | 20 | | amount imposed under this subsection must be computed in the same |
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| 21 | 21 | | manner as the amount imposed under Section 401.151(c) for domestic |
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| 22 | 22 | | insurers. |
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| 23 | 23 | | SECTION 2. Section 401.156, Insurance Code, is amended by |
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| 24 | 24 | | amending Subsections (a) and (d) and adding Subsection (a-1) to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | (a) The department shall deposit any assessments or fees |
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| 27 | 27 | | collected under this subchapter relating to the examination of |
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| 28 | 28 | | insurers and other regulated entities by the financial examinations |
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| 29 | 29 | | division or actuarial division, as those terms are defined by |
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| 30 | 30 | | Section 401.251, to the credit of an account with the Texas Treasury |
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| 31 | 31 | | Safekeeping Trust Company to be used exclusively to pay examination |
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| 32 | 32 | | costs, as defined by Section 401.251, to reimburse administrative |
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| 33 | 33 | | support costs for the Texas Department of Insurance operating |
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| 34 | 34 | | account, and to reimburse premium tax credits for examination costs |
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| 35 | 35 | | and examination overhead assessments. |
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| 36 | 36 | | (a-1) Money deposited under Subsection (a) [this |
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| 37 | 37 | | subsection] accumulates and may be disbursed to the department in a |
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| 38 | 38 | | manner consistent with Subchapter F. |
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| 39 | 39 | | (d) The department may transfer funds between the account |
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| 40 | 40 | | described by Subsection (a) and the Texas Department of Insurance |
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| 41 | 41 | | operating account as necessary to ensure that funds are deposited |
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| 42 | 42 | | to the correct account and used for the correct purposes. This |
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| 43 | 43 | | subsection does not authorize a disbursement or transfer of funds |
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| 44 | 44 | | in a manner that is inconsistent with the purposes [purpose] of |
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| 45 | 45 | | Subchapter F and this section. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 47 | 47 | | * * * * * |
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