Texas 2015 - 84th Regular

Texas Senate Bill SB1093 Compare Versions

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1-By: Creighton S.B. No. 1093
2- (Sheets)
1+S.B. No. 1093
32
43
5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to credit to certain ceding insurers for reinsurance ceded
86 to certain assuming insurers.
97 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
108 SECTION 1. Section 492.104(b), Insurance Code, is amended
119 to read as follows:
1210 (b) The funds held as security:
1311 (1) must be held in the United States subject to
1412 withdrawal solely by and under the exclusive control of the ceding
1513 insurer or, in the case of a trust, held in a qualified United
1614 States financial institution that has been granted the authority to
1715 operate with fiduciary powers; and
1816 (2) may be in the form of:
1917 (A) cash;
2018 (B) securities that[:
2119 [(i) are readily marketable over a national
2220 exchange;
2321 [(ii) have a maturity date of not later than
2422 one year;
2523 [(iii)] are listed by the Securities
2624 Valuation Office of the National Association of Insurance
2725 Commissioners[;] and
2826 [(iv)] qualify as admitted assets;
2927 (C) subject to Section 492.105, a clean,
3028 irrevocable, unconditional letter of credit, issued or confirmed by
3129 a qualified United States financial institution that has been
3230 determined by the commissioner or the Securities Valuation Office
3331 of the National Association of Insurance Commissioners to meet the
3432 standards of financial condition and standing that are considered
3533 necessary and appropriate to regulate the quality of financial
3634 institutions whose letters of credit will be acceptable to the
3735 commissioner; or
3836 (D) another form of security acceptable to the
3937 commissioner.
4038 SECTION 2. Section 493.104(b), Insurance Code, is amended
4139 to read as follows:
4240 (b) The funds held as security:
4341 (1) must be held in the United States subject to
4442 withdrawal solely by and under the exclusive control of the ceding
4543 insurer or, in the case of a trust, held in a qualified United
4644 States financial institution that has been granted the authority to
4745 operate with fiduciary powers; and
4846 (2) may be in the form of:
4947 (A) cash;
5048 (B) securities that[:
5149 [(i) are readily marketable over a national
5250 exchange;
5351 [(ii) have a maturity date of not later than
5452 one year;
5553 [(iii)] are listed by the Securities
5654 Valuation Office of the National Association of Insurance
5755 Commissioners[;] and
5856 [(iv)] qualify as admitted assets;
5957 (C) subject to Section 493.105, a clean,
6058 irrevocable, unconditional letter of credit, issued or confirmed by
6159 a qualified United States financial institution that has been
6260 determined by the commissioner or the Securities Valuation Office
6361 of the National Association of Insurance Commissioners to meet the
6462 standards of financial condition and standing that are considered
6563 necessary and appropriate to regulate the quality of financial
6664 institutions whose letters of credit will be acceptable to the
6765 commissioner; or
6866 (D) another form of security acceptable to the
6967 commissioner.
7068 SECTION 3. This Act applies to funds held as security on or
7169 after the effective date of this Act.
7270 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