6 | 4 | | AN ACT |
---|
7 | 5 | | relating to credit to certain ceding insurers for reinsurance ceded |
---|
8 | 6 | | to certain assuming insurers. |
---|
9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 8 | | SECTION 1. Section 492.104(b), Insurance Code, is amended |
---|
11 | 9 | | to read as follows: |
---|
12 | 10 | | (b) The funds held as security: |
---|
13 | 11 | | (1) must be held in the United States subject to |
---|
14 | 12 | | withdrawal solely by and under the exclusive control of the ceding |
---|
15 | 13 | | insurer or, in the case of a trust, held in a qualified United |
---|
16 | 14 | | States financial institution that has been granted the authority to |
---|
17 | 15 | | operate with fiduciary powers; and |
---|
18 | 16 | | (2) may be in the form of: |
---|
19 | 17 | | (A) cash; |
---|
20 | 18 | | (B) securities that[: |
---|
21 | 19 | | [(i) are readily marketable over a national |
---|
22 | 20 | | exchange; |
---|
23 | 21 | | [(ii) have a maturity date of not later than |
---|
24 | 22 | | one year; |
---|
25 | 23 | | [(iii)] are listed by the Securities |
---|
26 | 24 | | Valuation Office of the National Association of Insurance |
---|
27 | 25 | | Commissioners[;] and |
---|
28 | 26 | | [(iv)] qualify as admitted assets; |
---|
29 | 27 | | (C) subject to Section 492.105, a clean, |
---|
30 | 28 | | irrevocable, unconditional letter of credit, issued or confirmed by |
---|
31 | 29 | | a qualified United States financial institution that has been |
---|
32 | 30 | | determined by the commissioner or the Securities Valuation Office |
---|
33 | 31 | | of the National Association of Insurance Commissioners to meet the |
---|
34 | 32 | | standards of financial condition and standing that are considered |
---|
35 | 33 | | necessary and appropriate to regulate the quality of financial |
---|
36 | 34 | | institutions whose letters of credit will be acceptable to the |
---|
37 | 35 | | commissioner; or |
---|
38 | 36 | | (D) another form of security acceptable to the |
---|
39 | 37 | | commissioner. |
---|
40 | 38 | | SECTION 2. Section 493.104(b), Insurance Code, is amended |
---|
41 | 39 | | to read as follows: |
---|
42 | 40 | | (b) The funds held as security: |
---|
43 | 41 | | (1) must be held in the United States subject to |
---|
44 | 42 | | withdrawal solely by and under the exclusive control of the ceding |
---|
45 | 43 | | insurer or, in the case of a trust, held in a qualified United |
---|
46 | 44 | | States financial institution that has been granted the authority to |
---|
47 | 45 | | operate with fiduciary powers; and |
---|
48 | 46 | | (2) may be in the form of: |
---|
49 | 47 | | (A) cash; |
---|
50 | 48 | | (B) securities that[: |
---|
51 | 49 | | [(i) are readily marketable over a national |
---|
52 | 50 | | exchange; |
---|
53 | 51 | | [(ii) have a maturity date of not later than |
---|
54 | 52 | | one year; |
---|
55 | 53 | | [(iii)] are listed by the Securities |
---|
56 | 54 | | Valuation Office of the National Association of Insurance |
---|
57 | 55 | | Commissioners[;] and |
---|
58 | 56 | | [(iv)] qualify as admitted assets; |
---|
59 | 57 | | (C) subject to Section 493.105, a clean, |
---|
60 | 58 | | irrevocable, unconditional letter of credit, issued or confirmed by |
---|
61 | 59 | | a qualified United States financial institution that has been |
---|
62 | 60 | | determined by the commissioner or the Securities Valuation Office |
---|
63 | 61 | | of the National Association of Insurance Commissioners to meet the |
---|
64 | 62 | | standards of financial condition and standing that are considered |
---|
65 | 63 | | necessary and appropriate to regulate the quality of financial |
---|
66 | 64 | | institutions whose letters of credit will be acceptable to the |
---|
67 | 65 | | commissioner; or |
---|
68 | 66 | | (D) another form of security acceptable to the |
---|
69 | 67 | | commissioner. |
---|
70 | 68 | | SECTION 3. This Act applies to funds held as security on or |
---|
71 | 69 | | after the effective date of this Act. |
---|
72 | 70 | | SECTION 4. This Act takes effect September 1, 2015. |
---|
| 71 | + | ______________________________ ______________________________ |
---|
| 72 | + | President of the Senate Speaker of the House |
---|
| 73 | + | I hereby certify that S.B. No. 1093 passed the Senate on |
---|
| 74 | + | April 15, 2015, by the following vote: Yeas 30, Nays 0, one |
---|
| 75 | + | present not voting. |
---|
| 76 | + | ______________________________ |
---|
| 77 | + | Secretary of the Senate |
---|
| 78 | + | I hereby certify that S.B. No. 1093 passed the House |
---|
| 79 | + | on May 11, 2015, by the following vote: Yeas 123, Nays 1, two |
---|
| 80 | + | present not voting. |
---|
| 81 | + | ______________________________ |
---|
| 82 | + | Chief Clerk of the House |
---|
| 83 | + | Approved: |
---|
| 84 | + | ______________________________ |
---|
| 85 | + | Date |
---|
| 86 | + | ______________________________ |
---|
| 87 | + | Governor |
---|