Texas 2021 - 87th Regular

Texas Senate Bill SB1954

Caption

Relating to the pledge or encumbrance of an insurer's assets under the Asset Protection Act.

Impact

The proposed changes under SB1954 affect the framework within which insurers operate, particularly in the management of their assets. By mandating that any pledges or encumbrances on assets must not exceed certain limits without prior approval from the insurance commissioner, the bill aims to enhance consumer protection. This restructuring seeks to prioritize the claims of policyholders, ensuring that their interests are safeguarded even in scenarios where insurers face financial difficulties or insolvency.

Summary

SB1954, also known as the Asset Protection Act, aims to amend certain provisions of the Insurance Code regarding the pledge or encumbrance of an insurer's assets. The bill requires insurers to maintain unencumbered assets that are at least equal to their policy reserve liabilities, thereby enhancing the financial stability and security for policyholders. By implementing stricter controls on how insurers can use their assets, the bill intends to prevent over-leveraging and ensure that sufficient resources are available to pay claims when due.

Sentiment

The sentiment surrounding SB1954 appears to be largely supportive. The bill passed with unanimous votes in both the Senate and House, indicating a strong consensus among legislators regarding the need for tighter regulations within the insurance sector. Advocates for the bill emphasize the importance of protecting policyholders by ensuring that insurers maintain adequate resources to meet their liabilities, thereby fostering greater trust in the insurance market.

Contention

Despite the overall support for SB1954, there are concerns regarding its potential implications on insurers' operational flexibility. Some industry representatives have expressed apprehension that the stringent asset maintenance requirements may limit their ability to leverage their assets for investment or operational purposes. This tension between regulatory oversight and operational freedom continues to be a point of discussion, as stakeholders seek a balance that protects consumers without excessively constraining insurers.

Companion Bills

TX HB4518

Same As Relating to the pledge or encumbrance of an insurer's assets under the Asset Protection Act.

TX HB3754

Similar To Relating to regulation of the pledge or encumbrance of an insurer's assets under the Asset Protection Act.

Previously Filed As

TX HB1588

Relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.

TX SB841

Relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment, a surcharge, and an infrastructure grant.

TX HB4498

Relating to the transfer and statutory novation of insurance policies from a transferring insurer to an assuming insurer through an insurance business transfer plan; authorizing fees.

TX SB1217

Relating to the Texas Windstorm Insurance Association.

TX HB5011

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX SB2075

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX HB4376

Relating to self-settled asset protection trusts.

TX SB2317

Relating to self-settled asset protection trusts.

TX HB700

Relating to creation of the Texas Health Insurance Exchange; authorizing an assessment.

TX HB2554

Relating to creation of the Texas Health Insurance Exchange; authorizing an assessment.

Similar Bills

TX HB1265

Relating to the amount of outstanding total liability of a mortgage guaranty insurer.

TX SB416

Relating to the amount of outstanding total liability of a mortgage guaranty insurer.

AZ HB2290

Insurance; claims; appeals; provider credentialing

TX HB3460

Relating to the requirement that certain information be reported to the Texas Department of Insurance and the confidentiality of that information.

WY SF0100

Prompt payment of insurance claims.

AZ SB1065

Appropriation; widening; I-10

AZ HB2035

Insurance; claims; appeals; provider credentialing