6 | 4 | | AN ACT |
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7 | 5 | | relating to registration statement and reporting requirements of |
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8 | 6 | | insurers in an insurance holding company system. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Section 823.054(b), Insurance Code, is amended |
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11 | 9 | | to read as follows: |
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12 | 10 | | (b) If the amount of a single transaction or the total |
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13 | 11 | | amount of all transactions involving sales, purchases, exchanges, |
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14 | 12 | | loans or other extensions of credit, or investments is more than |
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15 | 13 | | [the lesser of] one-half of one percent of an insurer's admitted |
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16 | 14 | | assets [or five percent of an insurer's surplus,] as of December 31 |
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17 | 15 | | of the year preceding the date of the transaction or transactions, |
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18 | 16 | | the transaction or transactions, respectively, are considered to be |
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19 | 17 | | material for purposes of this section. |
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20 | 18 | | SECTION 2. Sections 823.0595(d) and (f), Insurance Code, |
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21 | 19 | | are amended to read as follows: |
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22 | 20 | | (d) Except as provided by Subsection (e), the ultimate |
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23 | 21 | | controlling person of a domestic [an] insurer that is authorized, |
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24 | 22 | | admitted, or eligible to engage in the business of insurance only in |
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25 | 23 | | this state and has [with] total direct or assumed annual premiums of |
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26 | 24 | | less than $300 million is not required to submit an enterprise risk |
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27 | 25 | | report under Subsection (a) unless the ultimate controlling person |
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28 | 26 | | of the domestic insurer also controls other insurers that do not |
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29 | 27 | | meet the requirements of this subsection. For the purposes of this |
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30 | 28 | | subsection, an insurer is not considered to be authorized, |
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31 | 29 | | admitted, or eligible to engage in the business of insurance only in |
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32 | 30 | | this state if the insurer directly or indirectly writes or assumes |
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33 | 31 | | insurance in any manner in another state. |
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34 | 32 | | (f) An insurer [or health maintenance organization] that in |
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35 | 33 | | the preceding calendar year had direct written and assumed premiums |
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36 | 34 | | of more than $300 million but less than $500 million and otherwise |
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37 | 35 | | meets the requirements of Subsection (d) may request an exemption |
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38 | 36 | | from the reporting requirements of Subsection (a) by filing with |
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39 | 37 | | the commissioner a written statement describing the undue financial |
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40 | 38 | | or organizational hardship the insurer [or health maintenance |
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41 | 39 | | organization] would suffer as a result of complying with Subsection |
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42 | 40 | | (a). The commissioner may grant the exemption if the commissioner |
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43 | 41 | | finds that compliance with Subsection (a) would impose an undue |
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44 | 42 | | financial or organizational hardship on the insurer [or health |
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45 | 43 | | maintenance organization]. |
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46 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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47 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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48 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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49 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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50 | 48 | | Act takes effect September 1, 2017. |
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| 49 | + | ______________________________ ______________________________ |
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| 50 | + | President of the Senate Speaker of the House |
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| 51 | + | I hereby certify that S.B. No. 1073 passed the Senate on |
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| 52 | + | April 24, 2017, by the following vote: Yeas 29, Nays 1. |
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| 53 | + | ______________________________ |
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| 54 | + | Secretary of the Senate |
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| 55 | + | I hereby certify that S.B. No. 1073 passed the House on |
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| 56 | + | May 9, 2017, by the following vote: Yeas 142, Nays 3, two present |
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| 57 | + | not voting. |
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| 58 | + | ______________________________ |
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| 59 | + | Chief Clerk of the House |
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| 60 | + | Approved: |
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| 61 | + | ______________________________ |
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| 62 | + | Date |
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| 63 | + | ______________________________ |
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| 64 | + | Governor |
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