1 | 1 | | 84R17476 PMO-F |
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2 | 2 | | By: Sheets H.B. No. 1344 |
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3 | 3 | | Substitute the following for H.B. No. 1344: |
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4 | 4 | | By: Guerra C.S.H.B. No. 1344 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to credit to certain ceding insurers for reinsurance ceded |
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10 | 10 | | to certain assuming insurers. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 492.104(b), Insurance Code, is amended |
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13 | 13 | | to read as follows: |
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14 | 14 | | (b) The funds held as security: |
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15 | 15 | | (1) must be held in the United States subject to |
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16 | 16 | | withdrawal solely by and under the exclusive control of the ceding |
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17 | 17 | | insurer or, in the case of a trust, held in a qualified United |
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18 | 18 | | States financial institution that has been granted the authority to |
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19 | 19 | | operate with fiduciary powers; and |
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20 | 20 | | (2) may be in the form of: |
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21 | 21 | | (A) cash; |
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22 | 22 | | (B) securities that[: |
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23 | 23 | | [(i) are readily marketable over a national |
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24 | 24 | | exchange; |
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25 | 25 | | [(ii) have a maturity date of not later than |
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26 | 26 | | one year; |
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27 | 27 | | [(iii)] are listed by the Securities |
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28 | 28 | | Valuation Office of the National Association of Insurance |
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29 | 29 | | Commissioners[;] and |
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30 | 30 | | [(iv)] qualify as admitted assets; |
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31 | 31 | | (C) subject to Section 492.105, a clean, |
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32 | 32 | | irrevocable, unconditional letter of credit, issued or confirmed by |
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33 | 33 | | a qualified United States financial institution that has been |
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34 | 34 | | determined by the commissioner or the Securities Valuation Office |
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35 | 35 | | of the National Association of Insurance Commissioners to meet the |
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36 | 36 | | standards of financial condition and standing that are considered |
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37 | 37 | | necessary and appropriate to regulate the quality of financial |
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38 | 38 | | institutions whose letters of credit will be acceptable to the |
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39 | 39 | | commissioner; or |
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40 | 40 | | (D) another form of security acceptable to the |
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41 | 41 | | commissioner. |
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42 | 42 | | SECTION 2. Section 493.104(b), Insurance Code, is amended |
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43 | 43 | | to read as follows: |
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44 | 44 | | (b) The funds held as security: |
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45 | 45 | | (1) must be held in the United States subject to |
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46 | 46 | | withdrawal solely by and under the exclusive control of the ceding |
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47 | 47 | | insurer or, in the case of a trust, held in a qualified United |
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48 | 48 | | States financial institution that has been granted the authority to |
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49 | 49 | | operate with fiduciary powers; and |
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50 | 50 | | (2) may be in the form of: |
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51 | 51 | | (A) cash; |
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52 | 52 | | (B) securities that[: |
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53 | 53 | | [(i) are readily marketable over a national |
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54 | 54 | | exchange; |
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55 | 55 | | [(ii) have a maturity date of not later than |
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56 | 56 | | one year; |
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57 | 57 | | [(iii)] are listed by the Securities |
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58 | 58 | | Valuation Office of the National Association of Insurance |
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59 | 59 | | Commissioners[;] and |
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60 | 60 | | [(iv)] qualify as admitted assets; |
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61 | 61 | | (C) subject to Section 493.105, a clean, |
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62 | 62 | | irrevocable, unconditional letter of credit, issued or confirmed by |
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63 | 63 | | a qualified United States financial institution that has been |
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64 | 64 | | determined by the commissioner or the Securities Valuation Office |
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65 | 65 | | of the National Association of Insurance Commissioners to meet the |
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66 | 66 | | standards of financial condition and standing that are considered |
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67 | 67 | | necessary and appropriate to regulate the quality of financial |
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68 | 68 | | institutions whose letters of credit will be acceptable to the |
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69 | 69 | | commissioner; or |
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70 | 70 | | (D) another form of security acceptable to the |
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71 | 71 | | commissioner. |
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72 | 72 | | SECTION 3. This Act applies to funds held as security on or |
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73 | 73 | | after the effective date of this Act. |
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74 | 74 | | SECTION 4. This Act takes effect September 1, 2015. |
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