Texas 2017 - 85th Regular

Texas Senate Bill SB1073 Compare Versions

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1-By: Hancock S.B. No. 1073
2- (Smithee)
1+S.B. No. 1073
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5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to registration statement and reporting requirements of
86 insurers in an insurance holding company system.
97 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
108 SECTION 1. Section 823.054(b), Insurance Code, is amended
119 to read as follows:
1210 (b) If the amount of a single transaction or the total
1311 amount of all transactions involving sales, purchases, exchanges,
1412 loans or other extensions of credit, or investments is more than
1513 [the lesser of] one-half of one percent of an insurer's admitted
1614 assets [or five percent of an insurer's surplus,] as of December 31
1715 of the year preceding the date of the transaction or transactions,
1816 the transaction or transactions, respectively, are considered to be
1917 material for purposes of this section.
2018 SECTION 2. Sections 823.0595(d) and (f), Insurance Code,
2119 are amended to read as follows:
2220 (d) Except as provided by Subsection (e), the ultimate
2321 controlling person of a domestic [an] insurer that is authorized,
2422 admitted, or eligible to engage in the business of insurance only in
2523 this state and has [with] total direct or assumed annual premiums of
2624 less than $300 million is not required to submit an enterprise risk
2725 report under Subsection (a) unless the ultimate controlling person
2826 of the domestic insurer also controls other insurers that do not
2927 meet the requirements of this subsection. For the purposes of this
3028 subsection, an insurer is not considered to be authorized,
3129 admitted, or eligible to engage in the business of insurance only in
3230 this state if the insurer directly or indirectly writes or assumes
3331 insurance in any manner in another state.
3432 (f) An insurer [or health maintenance organization] that in
3533 the preceding calendar year had direct written and assumed premiums
3634 of more than $300 million but less than $500 million and otherwise
3735 meets the requirements of Subsection (d) may request an exemption
3836 from the reporting requirements of Subsection (a) by filing with
3937 the commissioner a written statement describing the undue financial
4038 or organizational hardship the insurer [or health maintenance
4139 organization] would suffer as a result of complying with Subsection
4240 (a). The commissioner may grant the exemption if the commissioner
4341 finds that compliance with Subsection (a) would impose an undue
4442 financial or organizational hardship on the insurer [or health
4543 maintenance organization].
4644 SECTION 3. This Act takes effect immediately if it receives
4745 a vote of two-thirds of all the members elected to each house, as
4846 provided by Section 39, Article III, Texas Constitution. If this
4947 Act does not receive the vote necessary for immediate effect, this
5048 Act takes effect September 1, 2017.
49+ ______________________________ ______________________________
50+ President of the Senate Speaker of the House
51+ I hereby certify that S.B. No. 1073 passed the Senate on
52+ April 24, 2017, by the following vote: Yeas 29, Nays 1.
53+ ______________________________
54+ Secretary of the Senate
55+ I hereby certify that S.B. No. 1073 passed the House on
56+ May 9, 2017, by the following vote: Yeas 142, Nays 3, two present
57+ not voting.
58+ ______________________________
59+ Chief Clerk of the House
60+ Approved:
61+ ______________________________
62+ Date
63+ ______________________________
64+ Governor