H.B. No. 3771
AN ACT
relating to the approval of insurance companies to provide certain
structured settlement annuity contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 142.009(b), Property Code, is amended to
read as follows:
(b) In approving an insurance company under Subsection
(a)(3), the court may consider whether the company:
(1) holds an issuer credit [an industry] rating
equivalent to a National Association of Insurance Commissioners
NAIC 1 designation from a national or international [at least two of
the following] rating agency that [organizations]:
(A) has registered with the Securities and
Exchange Commission [A. M. Best Company: A++ or A+];
(B) is designated as a nationally recognized
statistical rating organization [Duff & Phelps Credit Rating
Company Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA]; and
(C) is on the list of Credit Rating Providers by
the Securities Valuation Office of the National Association of
Insurance Commissioners [Moody's Investors Service Claims Paying
Ability Rating: Aa3, Aa2, Aa1, or aaa; or
[(D) Standard & Poor's Corporation Insurer
Claims-Paying Ability Rating: AA-, AA, AA+, or AAA];
(2) is an affiliate, as that term is described by
Section 823.003, Insurance Code, of a liability insurance carrier
involved in the suit for which the structured settlement is
created; or
(3) is connected in any way to a person obligated to
fund the structured settlement.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3771 was passed by the House on May 7,
2019, by the following vote: Yeas 146, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3771 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor