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