H.B. No. 1461
    1-1                                AN ACT
    1-2  relating to insurance regulation and to the continuation, powers,
    1-3  and duties of the Texas Department of Insurance and the office of
    1-4  public insurance counsel; providing administrative penalties;
    1-5  making an appropriation.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7      ARTICLE 1.  ORGANIZATION OF TEXAS DEPARTMENT OF INSURANCE;
    1-8  FUNCTIONS OF COMMISSIONER; ELIMINATION OF STATE BOARD OF INSURANCE
    1-9        SECTION 1.01.  Article 1.02, Insurance Code, is amended to
   1-10  read as follows:
   1-11        Art. 1.02.  Operation of Department<; Board>.  (a)  A
   1-12  provision of this code or another insurance law, including an
   1-13  enactment or reenactment of a provision of this code or another
   1-14  insurance law by the 73rd Legislature, Regular Session, 1993, that
   1-15  references the State Board of Insurance is not intended to conflict
   1-16  with this article.  A reference in this code or another insurance
   1-17  law to the State Board of Insurance means the Commissioner of
   1-18  Insurance or the Texas Department of Insurance, as consistent with
   1-19  the respective powers and duties of the Commissioner and the
   1-20  department under this article.  <The State Board of Insurance is
   1-21  composed of three members, all of whom shall be citizens of Texas.
   1-22  They shall be appointed by the Governor, by and with the advice and
   1-23  consent of the Senate of Texas.  The term of office of each member
   1-24  shall be as provided in this Code.  Each member of the Board shall
    2-1  be a person with at least ten (10) years of successful experience
    2-2  in business, professional or governmental activities, or a total of
    2-3  at least ten (10) years in any combination of two or more of such
    2-4  activities.  Each member shall be available at all reasonable times
    2-5  for the discharge of the duties and functions delegated to the
    2-6  members of the Board by law, but the members shall act as a unit,
    2-7  and in no event shall the individual members divide or confine
    2-8  their activities to special fields of insurance regulation or
    2-9  attempt to administer the functions hereinafter assigned to the
   2-10  Commissioner.>
   2-11        (b)  The powers, functions, authority, prerogatives, duties,
   2-12  obligations, and responsibilities vested in the department shall be
   2-13  exercised, performed, carried out, and administered by the
   2-14  Commissioner as the chief executive and administrative officer of
   2-15  the department in accordance with the pertinent laws of this state
   2-16  and the rules and regulations for uniform application adopted by
   2-17  the Commissioner <Board and subject to the general supervision and
   2-18  direction of the Board.  The duties of the State Board of Insurance
   2-19  shall be primarily in a supervisory capacity, and the carrying out
   2-20  and administering the details of the Insurance Code, other
   2-21  insurance laws of this state, and other laws providing jurisdiction
   2-22  in or applicable to the department or the Commissioner shall be
   2-23  primarily the duty and responsibility of the Commissioner acting
   2-24  under the general supervision and direction of the Board>.
   2-25        (c)  <On February 10th of each odd-numbered year, the
   2-26  Governor shall appoint from among the membership of the Board a
   2-27  Chairman who shall be known and designated as the Chairman of the
    3-1  State Board of Insurance.>
    3-2        <(d)>  The Texas Department of Insurance is subject to
    3-3  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
    3-4  in existence as provided by that chapter, the department is
    3-5  abolished September 1, 2005 <1993>.
    3-6        <(e)  Appointments to the board shall be made without regard
    3-7  to the race, creed, sex, religion, or national origin of the
    3-8  appointees.  In making appointments under this section, the
    3-9  governor shall attempt to appoint members of different minority
   3-10  groups including females, African-Americans, Hispanic-Americans,
   3-11  Native Americans, and Asian-Americans.>
   3-12        <(f)  In addition to grounds provided by other applicable law
   3-13  providing for removal from office, it is a ground for removal from
   3-14  the board that a member:>
   3-15              <(1)  does not have at the time of appointment the
   3-16  qualifications required by this article for appointment to the
   3-17  board;>
   3-18              <(2)  does not maintain during the service on the board
   3-19  the qualifications required by this article for appointment to the
   3-20  board; or>
   3-21              <(3)  violates a prohibition established by Article
   3-22  1.06A of this code.>
   3-23        <(g)  The validity of an action of the board is not affected
   3-24  by the fact that it was taken when a ground for removal of a member
   3-25  of the board existed.>
   3-26        (d) <(h)>  The Commissioner or the Commissioner's designee
   3-27  <board> shall prepare and maintain a written policy statement
    4-1  <plan> to ensure <assure> implementation of a program of equal
    4-2  employment opportunity under which <whereby> all personnel
    4-3  transactions are made without regard to race, color, disability,
    4-4  sex, religion, age, or national origin.  The policy statement
    4-5  <plan> must include:
    4-6              (1)  personnel policies, including policies relating to
    4-7  <a comprehensive analysis of all employees by race, sex, ethnic
    4-8  origin, class of position, and salary or wage;>
    4-9              <(2)  plans for> recruitment, evaluation, selection,
   4-10  appointment, training, and promotion of<, and other> personnel that
   4-11  are in compliance with the Commission on Human Rights Act (Article
   4-12  5221k, Vernon's Texas Civil Statutes) <policies>;
   4-13              (2)  a comprehensive analysis of the department work
   4-14  force that meets federal and state guidelines;
   4-15              (3)  procedures by which a determination can be made of
   4-16  significant underuse in the department work force of all persons
   4-17  for whom federal or state guidelines encourage a more equitable
   4-18  balance; and
   4-19              (4)  reasonable methods to appropriately address those
   4-20  areas of significant underuse
   4-21              <(3)  steps reasonably designed to overcome any
   4-22  identified underutilization of minorities and women in the
   4-23  department's work force; and>
   4-24              <(4)  objectives and goals, timetables for the
   4-25  achievement of those objectives and goals, and assignments of
   4-26  responsibility for their achievement>.
   4-27        (e)  A policy statement prepared under Subsection (d) of this
    5-1  article must cover an annual period, be updated annually, be
    5-2  reviewed by the Commission on Human Rights for compliance with
    5-3  Subsection (d)(1) of this article, and be filed with the governor's
    5-4  office.
    5-5        (f)  The governor's office shall deliver a biennial report to
    5-6  the legislature based on the information received under Subsection
    5-7  (e) of this article.  The report may be made separately or as a
    5-8  part of other biennial reports made to the legislature.
    5-9        (g)  The Commissioner shall develop and implement policies
   5-10  that clearly define the respective responsibilities of the
   5-11  Commissioner and the staff of the department.
   5-12        (h)  The Commissioner shall provide to department employees,
   5-13  as often as necessary, information regarding their qualification
   5-14  for office or employment under this code and their responsibilities
   5-15  under applicable laws relating to standards of conduct for state
   5-16  employees.
   5-17        <(i)  The plan required by Section (h) of this article shall
   5-18  be filed with the governor's office within 60 days after the
   5-19  effective date of that section, cover an annual period, and be
   5-20  updated at least annually.  Progress reports shall be submitted to
   5-21  the governor's office within 30 days before November 1 and April 1
   5-22  of each year and shall include the steps the department has taken
   5-23  within the reporting period to comply with those requirements.>
   5-24        SECTION 1.02.  Article 1.01A, Insurance Code, is amended to
   5-25  read as follows:
   5-26        Art. 1.01A.  Creation and Structure of the Texas Department
   5-27  of Insurance.  (a)  In this code and other insurance laws:
    6-1              (1)  <"Board" means the three-member State Board of
    6-2  Insurance.>
    6-3              <(2)>  "Department" means the Texas Department of
    6-4  Insurance.
    6-5              (2) <(3)>  "Commissioner" means the Commissioner of
    6-6  Insurance appointed under Article 1.09 of this code.
    6-7        (b)  The Texas Department of Insurance is created to regulate
    6-8  the business of insurance in this state.  The department is
    6-9  composed of <the board,> the Commissioner<,> and other officers and
   6-10  employees required to efficiently implement the purpose of this
   6-11  code, other insurance laws of this state, and other laws providing
   6-12  jurisdiction in or applicable to the department<, board,> or
   6-13  Commissioner.
   6-14        (c)  Except as otherwise provided by law, all references in
   6-15  this code and other statutes of this state to the board, the Board
   6-16  of Insurance Commissioners, the State Board of Insurance, or
   6-17  individual commissioners mean the department<, the board,> or the
   6-18  Commissioner as consistent with the respective duties of the
   6-19  Commissioner or the department <those persons or entities> under
   6-20  this code and other laws relating to the business of insurance in
   6-21  this state.
   6-22        SECTION 1.03.  Chapter 1, Insurance Code, is amended by
   6-23  amending Article 1.04 and adding Articles 1.03A, 1.04A, 1.04B, and
   6-24  1.04C to read as follows:
   6-25        Art. 1.03A.  RULES FOR GENERAL APPLICATION.  The Commissioner
   6-26  may adopt <1.04.  ><Duties and Organization of the State Board of
   6-27  Insurance><.  (a)  The State Board of Insurance shall operate and
    7-1  function as one body or a unit and a majority vote of the members
    7-2  of the Board shall be necessary to transact any of its official
    7-3  business.  The Board shall maintain one official set of records of
    7-4  its proceedings and actions.>
    7-5        <(b)  The State Board of Insurance shall determine policy for
    7-6  the department, rules, rates, forms, and appeals as provided by
    7-7  law, and shall assume other duties that are expressly assigned to
    7-8  the Board by law, but otherwise the Board shall execute its duties
    7-9  through the Commissioner as provided by law, in accordance with the
   7-10  laws of this state and the rules and regulations for uniform
   7-11  application as made by the Board.>
   7-12        <(c)  All> rules and regulations for the conduct and
   7-13  execution of the duties and functions of the department only as
   7-14  authorized by a statute.  Rules and regulations adopted in
   7-15  accordance with this subsection must <shall> be <rules> for general
   7-16  and uniform application and shall be <adopted and> published by the
   7-17  Commissioner <Board> on the basis of a systematic organization of
   7-18  such rules by their subject matter and content.  <The Commissioner
   7-19  may make recommendations to the Board regarding such rules and
   7-20  regulations, including amendments, changes and additions.>  Such
   7-21  published rules shall be kept current and shall be available in a
   7-22  form convenient to all interested persons.
   7-23        Art. 1.04.  APPEAL OF DECISION OF COMMISSIONER.
   7-24  (a) <(d)  Any person or organization, private or public, that is
   7-25  affected by any ruling or action of the Commissioner shall have the
   7-26  right to have such ruling or action reviewed by the State Board of
   7-27  Insurance by making an application to the Board.  Such application
    8-1  shall state the identities of the parties, the ruling or action
    8-2  complained of, the interests of the parties in such ruling, the
    8-3  grounds of such objections, the action sought of the Board and the
    8-4  reasons and grounds for such action by the Board.  The original
    8-5  shall be filed with the Chief Clerk of the Board together with a
    8-6  certification that a true and correct copy of such application has
    8-7  been filed with the Commissioner.  Within thirty (30) days after
    8-8  the application is filed, and after ten (10) days written notice to
    8-9  all parties of record, the Board shall review the action complained
   8-10  of in a public hearing and render its decision at the earliest
   8-11  possible date thereafter.  The Board shall make such other rules
   8-12  and regulations with regard to such applications and their
   8-13  consideration as it deems advisable, not inconsistent with this
   8-14  Article.  Said application shall have precedence over all other
   8-15  business of a different nature pending before the Board.>
   8-16        <In the public hearing, any and all evidence and matters
   8-17  pertinent to the appeal may be submitted to the Board, whether
   8-18  included in the application or not.>
   8-19        <(f)>  If any insurance company or other party at interest be
   8-20  dissatisfied with any ruling, action, decision, regulation, order,
   8-21  rate, rule, form, act, or administrative ruling adopted by the
   8-22  Commissioner <State Board of Insurance>, such dissatisfied company
   8-23  or party at interest after failing to get relief from the
   8-24  Commissioner <State Board of Insurance>, may file a petition
   8-25  setting forth the particular objection to such ruling, action,
   8-26  decision, regulation, order, rate, rule, form, act, or
   8-27  administrative ruling, or to either or all of them, in the District
    9-1  Court of Travis County, Texas, and not elsewhere, against the
    9-2  Commissioner <State Board of Insurance> as defendant.  Judicial
    9-3  review of a ruling, action, decision, regulation, order, rate,
    9-4  rule, form, act, or administrative ruling of the Commissioner
    9-5  <Board> is subject to the substantial evidence rule and shall be
    9-6  conducted under the Administrative Procedure and Texas Register Act
    9-7  (Article 6252-13a, Vernon's Texas Civil Statutes).  The filing of a
    9-8  petition for judicial review of a ruling, action, decision,
    9-9  regulation, order, rate, rule, form, act, or administrative ruling
   9-10  of the Commissioner <Board> under this subsection does not vacate a
   9-11  decision of the Commissioner <Board>.  After notice and hearing,
   9-12  the court may vacate the decision of the Commissioner <Board> if
   9-13  the court finds it would serve the interest of justice to do so.
   9-14  Any party to the action may appeal to the Appellate Court having
   9-15  jurisdiction of the cause and the appeal shall be at once
   9-16  returnable to the Appellate Court having jurisdiction of the cause
   9-17  and the action so appealed shall have precedence in the Appellate
   9-18  Court over all causes of a different character therein pending.
   9-19        (b)  The Commissioner <Board> is not required to give any
   9-20  appeal bond in any cause arising under this article <hereunder>.
   9-21        Art. 1.04A.  SALARIED EXAMINERS.  <(g)>  In making
   9-22  examinations of any insurance organization as provided by law, the
   9-23  department may use its own salaried examiners or may use the
   9-24  services of persons or firms qualified to perform such examinations
   9-25  or assist in the performance of such examinations.  Such
   9-26  examination shall cover the period of time that the department
   9-27  requests.  In the event the department does not specify a longer
   10-1  period of time, such examination shall be from the time of the last
   10-2  examination theretofore made by the department to December 31st of
   10-3  the year preceding the examination then being made.  All fees paid
   10-4  to those persons or firms whose services are used shall be paid at
   10-5  the usual and customary rates charged for the performance of those
   10-6  services, subject to the right of the Commissioner <Board> to
   10-7  disapprove for payment any fees that are excessive in relation to
   10-8  the services actually performed.  Such payment shall be made by the
   10-9  insurance organization being examined and all such examination fees
  10-10  so paid shall be allowed as a credit on the amount of premium or
  10-11  other taxes to be paid by any such insurance organization for the
  10-12  taxable year during which examination fees are paid just as
  10-13  examination fees are credited when the department uses its own
  10-14  salaried examiners.
  10-15        Art. 1.04B.  POLICY HOLDER COMPLAINTS.  <(h)>  The department
  10-16  shall establish a program to facilitate resolution of policy holder
  10-17  complaints.
  10-18        Art. 1.04C.  PUBLIC ACCESS.  (a)  The Commissioner shall
  10-19  prepare and maintain a written plan that describes how a person who
  10-20  does not speak English can be provided reasonable access to the
  10-21  department's programs.  The department shall also comply with
  10-22  federal and state laws for program and facility accessibility.
  10-23        (b)  The Commissioner shall develop and implement policies
  10-24  that provide the public with a reasonable opportunity to appear
  10-25  before the Commissioner and to speak on any issue under the
  10-26  jurisdiction of the Commissioner.
  10-27        SECTION 1.04.  Chapter 1, Insurance Code, is amended by
   11-1  amending Articles 1.06A and 1.06B  and adding Article 1.06AA to
   11-2  read as follows:
   11-3        Art. 1.06A.  Conflict of Interest; Trade Associations.
   11-4  (a)  An <A member of the State Board of Insurance, the
   11-5  commissioner, or an employee of the department may not be an>
   11-6  officer, employee, or paid consultant of a trade association in the
   11-7  field of insurance may not be commissioner or an employee of the
   11-8  department who is exempt from the state's position classification
   11-9  plan or is compensated at or above the amount prescribed by the
  11-10  General Appropriations Act for step 1, salary group 17, of the
  11-11  position classification salary schedule <industry>.
  11-12        (b)  A person who is the spouse of an officer, manager, or
  11-13  paid consultant of a trade association in the field of insurance
  11-14  may not be commissioner or a department employee who is exempt from
  11-15  the state's position classification plan or is compensated at or
  11-16  above the amount prescribed by the General Appropriations Act for
  11-17  step 1, salary group 17, of the position classification salary
  11-18  schedule.
  11-19        (c)  For purposes of this article, a trade association is a
  11-20  nonprofit, cooperative, and voluntarily joined association of
  11-21  business or professional competitors designed to assist its members
  11-22  and its industry or profession in dealing with mutual business or
  11-23  professional problems and in promoting their common interest.
  11-24        Art. 1.06AA.  CONFLICT OF INTEREST; EXEMPT EMPLOYEES.  A
  11-25  <Any> person <whose employment commences after the effective date
  11-26  of this Act> may not be <appointed as a member of the State Board
  11-27  of Insurance or> employed in an exempt salary position as defined
   12-1  by the General Appropriations Act who at the time of <appointment
   12-2  or> employment resides in the same household as a person who is an
   12-3  officer, managerial employee, or paid consultant in the insurance
   12-4  industry.
   12-5        Art. 1.06B.  Lobbying Activities.  A person may not serve as
   12-6  commissioner or act as the general counsel to the commissioner if
   12-7  the person <who> is required to register as a lobbyist under
   12-8  Chapter 305, Government Code, because of the person's <by virtue of
   12-9  his> activities for compensation <in or> on behalf of a profession
  12-10  related to the operation of the department <may not serve as a
  12-11  member of the board or act as the general counsel to the board>.
  12-12        SECTION 1.05.  Article 1.09, Insurance Code, is amended by
  12-13  amending Subsections (a), (b), (f), (g), and (h) and by adding
  12-14  Subsections (i) and (j) to read as follows:
  12-15        (a)  The Commissioner of Insurance is <Board shall appoint a
  12-16  commissioner of insurance, who shall be> the department's chief
  12-17  executive and administrative officer charged with the primary
  12-18  responsibility of administering, enforcing, and carrying out the
  12-19  provisions of the Insurance Code, other insurance laws of this
  12-20  state, and other laws providing jurisdiction in or applicable to
  12-21  the department or commissioner, except for responsibilities
  12-22  relating to the reporting, collection, enforcement, and
  12-23  administration of taxes and certain fees as described under this
  12-24  code or another insurance law of this state that are assigned to
  12-25  the comptroller of public accounts <under the general supervision
  12-26  and direction of the Board.  He shall hold his position at the
  12-27  pleasure of the Board and may be discharged at any time>.
   13-1        (b)  The governor, with the advice and consent of the senate,
   13-2  shall appoint the commissioner for a two-year term ending on
   13-3  February 1 of each odd-numbered year.  The commissioner must
   13-4  <Commissioner of Insurance shall be a resident citizen of Texas,
   13-5  for at least one (1) year immediately prior to his/her appointment
   13-6  and shall> be a competent and experienced administrator, <who
   13-7  shall> be well informed and qualified in the field of insurance and
   13-8  insurance regulation,<.  He/she shall> have had at least 10 <ten
   13-9  (10)> years of <administrative or professional> experience as an
  13-10  executive in the administration of business or government, or as a
  13-11  practicing attorney or certified public accountant, and at least
  13-12  five years of that <shall have had training and> experience in the
  13-13  field of insurance or insurance regulation.  The appointment of the
  13-14  commissioner shall be made without regard to the race, color,
  13-15  disability, sex, religion, age, or national origin of the
  13-16  appointee.  No former or present member of the State Board of
  13-17  Insurance shall be appointed commissioner <Commissioner of
  13-18  Insurance>.  A person is not eligible for appointment as
  13-19  commissioner if the person, the person's spouse, or any person that
  13-20  resides in the same household as the person:
  13-21              (1)  is registered, certified, or licensed by the
  13-22  department;
  13-23              (2)  is employed by or participates in the management
  13-24  of a business entity or other organization regulated by the
  13-25  department or receiving funds from the department;
  13-26              (3)  owns or controls, directly or indirectly, more
  13-27  than a 10 percent interest in a business entity or other
   14-1  organization regulated by the department or receiving funds from
   14-2  the department; or
   14-3              (4)  uses or receives a substantial amount of tangible
   14-4  goods, services, or funds from the department, other than
   14-5  compensation or reimbursement authorized by law.
   14-6        (f)  The commissioner shall appoint such deputies,
   14-7  assistants, and other personnel as are necessary to carry out the
   14-8  duties and functions devolving upon the commissioner <him> and the
   14-9  department under the Insurance Code, other insurance laws of this
  14-10  state, and other laws providing jurisdiction in or applicable to
  14-11  the department or the commissioner, subject to the authorization by
  14-12  the Legislature in its appropriations bills or otherwise<, and to
  14-13  the rules of the Board>.  A person appointed under this subsection
  14-14  must have the professional, administrative, and insurance
  14-15  experience necessary to qualify the person for the particular
  14-16  position to which the person is appointed.  An associate or deputy
  14-17  commissioner, or a person holding an equivalent position, must have
  14-18  at least five years of the experience required for appointment as
  14-19  Commissioner of Insurance under Subsection (b) of this article and
  14-20  at least two years of this experience must be in work related to
  14-21  the position to be held.
  14-22        (g)  The commissioner or the commissioner's <his> designee
  14-23  shall develop an intra-agency <intraagency> career ladder program.
  14-24  The program shall require intra-agency posting of all nonentry
  14-25  level positions concurrently with any public posting<, one part of
  14-26  which shall be the intraagency posting of each nonentry level
  14-27  classified position for at least five days before the position is
   15-1  filled.  Notwithstanding any other law to the contrary, a posting
   15-2  of a position is not required in the case of:>
   15-3              <(1)  a lateral intraagency transfer; or>
   15-4              <(2)  the promotion of a present employee to a position
   15-5  in a higher pay group because of the employee's ability to assume
   15-6  greater job responsibilities or additional duties or the employee's
   15-7  greater expertise rather than for the mere purpose of filling an
   15-8  existing vacancy>.
   15-9        (h)  The commissioner or the commissioner's <his> designee
  15-10  shall develop a system of annual performance evaluations <reviews
  15-11  that evaluate both the quality and quantity of the job tasks
  15-12  performed>.  All merit pay for department employees must be based
  15-13  on the system established under this subsection <section>.
  15-14        (i)  It is a ground for removal from office if the
  15-15  commissioner:
  15-16              (1)  does not have at the time of appointment the
  15-17  qualifications required by Subsection (b) of this section;
  15-18              (2)  does not maintain during service as commissioner
  15-19  the qualifications required by Subsection (b) of this section;
  15-20              (3)  violates a prohibition established by Subsection
  15-21  (b) of this section or Article 1.06, 1.06A, or 1.06B of this code;
  15-22  or
  15-23              (4)  cannot discharge the commissioner's duties for a
  15-24  substantial part of the term for which the commissioner is
  15-25  appointed because of illness or disability.
  15-26        (j)  The validity of an action of the commissioner or the
  15-27  department is not affected by the fact that it is taken when a
   16-1  ground for removal of the commissioner exists.
   16-2        SECTION 1.06.  Article 1.09-1(b), Insurance Code, is amended
   16-3  to read as follows:
   16-4        (b)  <In all rate hearings and policy form proceedings before
   16-5  the Board, except for those rate hearings and proceedings as
   16-6  provided in Subsections (g) and (h), Article 1.35A, of this code,
   16-7  the Attorney General may intervene in the public interest.>  The
   16-8  Commissioner <Board> shall have and exercise the power of subpoena
   16-9  and subpoena duces tecum for witnesses, documents, and other
  16-10  evidence to the extent of the jurisdiction of this state for such
  16-11  hearings and proceedings on its own motion <or upon application of
  16-12  the Attorney General>.
  16-13        SECTION 1.07.  Article 1.10, Insurance Code, is amended to
  16-14  read as follows:
  16-15        Art. 1.10.  DUTIES OF THE DEPARTMENT <BOARD>.  In addition to
  16-16  the other duties required of the Department, the Department <Board,
  16-17  it> shall perform duties as follows:
  16-18              1.  Shall Execute the Laws.  See that all laws
  16-19  respecting insurance and insurance companies are faithfully
  16-20  executed.
  16-21              2.  File Articles of Incorporation and Other Papers.
  16-22  File and preserve in its office all acts or articles of
  16-23  incorporation of insurance companies and all other papers required
  16-24  by law to be deposited with the Department <Board> and, upon
  16-25  application of any party interested therein, furnish certified
  16-26  copies thereof upon payment of the fees prescribed by law.
  16-27              3.  Shall Calculate Reserve.  For every company
   17-1  transacting any kind of insurance business in this State, for which
   17-2  no basis is prescribed by law, the Department <Board> shall
   17-3  calculate the reinsurance reserve upon the same basis prescribed in
   17-4  Article 6.01 of this code as to companies transacting fire
   17-5  insurance business.
   17-6              4.  To Calculate Re-insurance Reserve.  On the
   17-7  thirty-first day of December of each and every year, or as soon
   17-8  thereafter as may be practicable, the Department <Board> shall have
   17-9  calculated in the Department <its office> the re-insurance reserve
  17-10  for all unexpired risks of all insurance companies organized under
  17-11  the laws of this state, or transacting business in this state,
  17-12  transacting any kind of insurance other than life, fire, marine,
  17-13  inland, lightning or tornado insurance, which calculation shall be
  17-14  in accordance with the provisions of Paragraph 3 hereof.
  17-15              5.  When a Company's Surplus is Impaired.  No
  17-16  impairment of the capital stock of a stock company shall be
  17-17  permitted.  No impairment of the surplus of a stock company, or of
  17-18  the minimum required aggregate surplus of a mutual, Lloyd's, or
  17-19  reciprocal insurer, shall be permitted in excess of that provided
  17-20  by this section.  Having charged against a company other than a
  17-21  life insurance company, the reinsurance reserve, as prescribed by
  17-22  the laws of this State, and adding thereto all other debts and
  17-23  claims against the company, the Commissioner shall, (i) if it is
  17-24  determined that the surplus required by Article 2.02 or 2.20 of
  17-25  this code of a stock company doing the kind or kinds of insurance
  17-26  business set out in its Certificate of Authority is impaired to the
  17-27  extent of more than fifty (50%) per cent of the required surplus
   18-1  for a capital stock insurance company, or is less than the minimum
   18-2  level of surplus required by Commissioner <Board> promulgated
   18-3  risk-based capital and surplus regulations, or (ii) if it is
   18-4  determined that the required aggregate surplus of a reciprocal or
   18-5  mutual company, or the required aggregate of guaranty fund and
   18-6  surplus of a Lloyd's company, other than a life insurance company,
   18-7  doing the kind or kinds of insurance business set out in its
   18-8  Certificate of Authority is impaired to the extent of more than
   18-9  twenty-five per cent (25%) of the required aggregate surplus, or is
  18-10  less than the minimum level of surplus required by Commissioner
  18-11  <Board> promulgated risk-based capital and surplus regulations, the
  18-12  Commissioner shall order the company to remedy the impairment of
  18-13  surplus to acceptable levels specified by the Commissioner or to
  18-14  cease to do business within this State.  The Commissioner shall
  18-15  thereupon immediately institute such proceedings as may be
  18-16  necessary to determine what further actions shall be taken in the
  18-17  case.
  18-18              6.  Shall Publish Results of Investigation.  The
  18-19  Department <Board> shall publish the result of an <its> examination
  18-20  of the affairs of any company whenever the Commissioner <Board>
  18-21  deems it for the interest of the public.
  18-22              7.  May Order Sanctions.  (a)  After notice and
  18-23  opportunity for a hearing, the Commissioner <State Board of
  18-24  Insurance> may cancel or revoke any permit, license, certificate of
  18-25  authority, certificate of registration, or other authorization
  18-26  issued or existing under its authority or the authorization of this
  18-27  Code if the holder or possessor of same is found to be in violation
   19-1  of, or to have failed to comply with, a specific provision of the
   19-2  Code or any duly promulgated rule or regulation of the Commissioner
   19-3  <State Board of Insurance>.  In lieu of such cancellation or
   19-4  revocation, the Commissioner <State Board of Insurance> may order
   19-5  one or more of the following sanctions if it determines from the
   19-6  facts that such would be more fair, reasonable, or equitable:
   19-7                          (1)  Suspend such authorization for a time
   19-8  certain, not to exceed one year;
   19-9                          (2)  Order the holder or possessor of such
  19-10  authorization to cease and desist from the specified activity
  19-11  determined to be in violation of specific provisions of this Code
  19-12  or rules and regulations of the Commissioner <State Board of
  19-13  Insurance> or from failure to comply with such provisions of this
  19-14  Code or such rules and regulations;
  19-15                          (3)  Direct the holder or possessor of such
  19-16  authorization to pay an administrative penalty in accordance with
  19-17  Article 1.10E of this code <remit within a specified time, not to
  19-18  exceed sixty (60) days, a specified monetary forfeiture not to
  19-19  exceed Twenty-five Thousand ($25,000) Dollars for such violation or
  19-20  failure to comply>; or
  19-21                          (4)  Direct the holder or possessor of such
  19-22  authorization to make complete restitution to all Texas residents,
  19-23  Texas insureds, and entities operating in Texas harmed by the
  19-24  violation or failure to comply.
  19-25                    (b)  Restitution under Subdivision (4) of
  19-26  Subsection (a) must be made in the form and amount and within the
  19-27  period determined by the Commissioner <State Board of Insurance>.
   20-1                    (c)  <Any monetary forfeiture paid as a result of
   20-2  an order issued pursuant to Subdivision (3) of Subsection (a) shall
   20-3  be deposited with the State Treasurer to the credit of the General
   20-4  Revenue Fund.>
   20-5                    <(d)>  If it is found after hearing that any
   20-6  holder or possessor has failed to comply with an order issued
   20-7  pursuant to Subsection (a), the Commissioner <State Board of
   20-8  Insurance> shall, unless its order is lawfully stayed, cancel all
   20-9  authorizations of such holder or possessor.
  20-10                    (d) <(e)>  The Commissioner may <State Board of
  20-11  Insurance shall have authority to> informally dispose of any matter
  20-12  specified in this section by consent order, agreed settlement,
  20-13  stipulations, or default.  An informal disposition or consent order
  20-14  may include a provision under which the holder or possessor agrees
  20-15  to a sanction under this section with the express reservation that:
  20-16                          (1)  the holder or possessor is not
  20-17  admitting any violation of this code or of a rule or regulation;
  20-18  and
  20-19                          (2)  the existence of a violation is in
  20-20  dispute.
  20-21                    (e) <(f)>  The Commissioner <Board> shall give
  20-22  notice of any action taken pursuant to this section to the
  20-23  Insurance Commissioner or other similar officer of every state.
  20-24                    (f) <(g)>  The authority vested in the
  20-25  Commissioner <State Board of Insurance> in this Article shall be in
  20-26  addition to and not in lieu of any other authority to enforce or
  20-27  cause to be enforced any sanctions, penalties, fines, forfeitures,
   21-1  denials, suspensions, or revocations otherwise authorized by law,
   21-2  and shall be applicable to every form of authorization to any
   21-3  person or entity holding or possessing the same.
   21-4                    (g) <(h)>  This section applies to all companies
   21-5  regulated by the Commissioner, <State Board of Insurance> including
   21-6  but not limited to domestic and foreign, stock and mutual life,
   21-7  health, and accident insurance companies; domestic and foreign,
   21-8  stock and mutual, fire and casualty insurance companies; Mexican
   21-9  casualty companies; domestic and foreign Lloyd's plan insurers;
  21-10  domestic and foreign reciprocal or interinsurance exchanges;
  21-11  domestic and foreign fraternal benefit societies; domestic and
  21-12  foreign title insurance companies; attorney's title insurance
  21-13  companies; stipulated premium insurance companies; nonprofit legal
  21-14  service corporations; health maintenance organizations; statewide
  21-15  mutual assessment companies; local mutual aid associations; local
  21-16  mutual burial associations; exempt associations under Article 14.17
  21-17  of this Code; nonprofit hospital, medical, or dental service
  21-18  corporations including but not limited to companies subject to
  21-19  Chapter 20 of this Code; county mutual insurance companies; and
  21-20  farm mutual insurance companies.  Also, this section applies to all
  21-21  agents of those companies and generally to all other individuals,
  21-22  corporations, associations, partnerships, and other natural or
  21-23  artificial persons engaged in the business of insurance or that
  21-24  hold a permit, certificate, registration, license, or other
  21-25  authority under this Code or that are regulated by the Commissioner
  21-26  <State Board of Insurance>.
  21-27              8.  Report to Attorney General.  The Department <It>
   22-1  shall report promptly and in detail to the Attorney General any
   22-2  violation of law relative to insurance companies or the business of
   22-3  insurance.
   22-4              9.  Shall Furnish Blanks.  The Department <It> shall
   22-5  furnish to the companies required to report to the Department
   22-6  <Board> the necessary blank forms for the statements required.
   22-7              10.  Shall Keep Records.  The Department <It> shall
   22-8  preserve in a permanent form a full record of the Department's
   22-9  <its> proceedings and a concise statement of the condition of each
  22-10  company or agency visited or examined.
  22-11              11.  Give Certified Copies.  At the request of any
  22-12  person, and on the payment of the legal fee, the Department <Board>
  22-13  shall give certified copies of any record or papers in its office,
  22-14  when the Commissioner <it> deems it not prejudicial to public
  22-15  interest and shall give such other certificates as are provided for
  22-16  by law.  The fees collected by the Department <Board> under this
  22-17  section shall be deposited in the State Treasury to the credit of
  22-18  the Texas Department <State Board> of Insurance operating fund.
  22-19              12.  Report to Governor and Legislature.  The
  22-20  Department shall file annually with the Governor and the presiding
  22-21  officer of each house of the Legislature a complete and detailed
  22-22  written report accounting for all funds received and disbursed by
  22-23  the Department during the preceding fiscal year.  The annual report
  22-24  must be in the form and reported in the time provided by the
  22-25  General Appropriations Act.  The report shall also contain the
  22-26  Commissioner's <It shall report annually to the Governor the
  22-27  receipts and expenses of its department for the year, its> official
   23-1  acts, the condition of companies doing business in this State, and
   23-2  such other information as will exhibit the affairs of the
   23-3  Department <said department>.  <Upon specific request by the
   23-4  Governor, the Board shall report the names and compensations of its
   23-5  clerks.>
   23-6              13.  Send Copies of Reports To.  The Department <Board>
   23-7  shall send a copy of the <its> annual report to the Insurance
   23-8  Commissioner or other similar officer of every state and, on
   23-9  request, shall send a copy to each company doing business in Texas.
  23-10              14.  Report Laws to Other States.  On request, the
  23-11  Department <it> shall communicate to the Insurance Commissioner or
  23-12  other similar officer of any other state, in which the substantial
  23-13  provisions of the law of this State relative to insurance have
  23-14  been, or shall be, enacted, any facts which by law it is his duty
  23-15  to ascertain respecting the companies of this State doing business
  23-16  within such other state.
  23-17              15.  See That No Company Does Business.  The
  23-18  Commissioner <It> shall see that no company is permitted to
  23-19  transact the business of life insurance in this State whose charter
  23-20  authorizes it to do a fire, marine, lightning, tornado, or inland
  23-21  insurance business, and that no company authorized to do a life
  23-22  insurance business in this State be permitted to take fire, marine
  23-23  or inland risks.
  23-24              16.  Admit Mutual Companies.  The Commissioner <Board>
  23-25  shall admit into this State mutual insurance companies engaged in
  23-26  cyclone, tornado, hail and storm insurance which are organized
  23-27  under the laws of other states and which have Two Million
   24-1  ($2,000,000.00) Dollars assets in excess of liabilities.
   24-2              17.  Voluntary Deposits.  (a)  In the event any
   24-3  insurance company organized and doing business under the provisions
   24-4  of this Code shall be required by any other state, country or
   24-5  province as a requirement for permission to do an insurance
   24-6  business therein to make or maintain a deposit with an officer of
   24-7  any state, country, or province, such company, at its discretion,
   24-8  may voluntarily deposit with the State Treasurer such securities as
   24-9  may be approved by the Commissioner of Insurance to be of the type
  24-10  and character authorized by law to be legal investments for such
  24-11  company, or cash, in any amount sufficient to enable it to meet
  24-12  such requirements.  The State Treasurer is hereby authorized and
  24-13  directed to receive such deposit and hold it exclusively for the
  24-14  protection of all policyholders or creditors of the company
  24-15  wherever they may be located, or for the protection of the
  24-16  policyholders or creditors of a particular state, country or
  24-17  province, as may be designated by such company at the time of
  24-18  making such deposit.  The company may, at its option, withdraw such
  24-19  deposit or any part thereof, first having deposited with the
  24-20  Treasurer, in lieu thereof, other securities of like class and of
  24-21  equal amount and value to those withdrawn, which withdrawal and
  24-22  substitution must be approved by the Commissioner of Insurance.
  24-23  The proper officer of each insurance company making such deposit
  24-24  shall be permitted at all reasonable times to examine such
  24-25  securities and to detach coupons therefrom, and to collect interest
  24-26  thereon, under such reasonable rules and regulations as may be
  24-27  prescribed by the State Treasurer and the Commissioner of
   25-1  Insurance.  Any deposit so made for the protection of policyholders
   25-2  or creditors of a particular state, country or province shall not
   25-3  be withdrawn, except by substitution as provided above, by the
   25-4  company, except upon filing with the Commissioner of Insurance
   25-5  evidence satisfactory to him that the company has withdrawn from
   25-6  business, and has no unsecured liabilities outstanding or potential
   25-7  policyholder liabilities or obligations in such other state,
   25-8  country or province requiring such deposit, and upon the filing of
   25-9  such evidence the company may withdraw such deposit at any time
  25-10  upon the approval of the Commissioner of Insurance.  Any deposit so
  25-11  made for the protection of all policyholders or creditors wherever
  25-12  they may be located shall not be withdrawn, except by substitution
  25-13  as provided above, by the company except upon filing with the
  25-14  Commissioner of Insurance evidence satisfactory to him that the
  25-15  company does not have any unsecured liabilities outstanding or
  25-16  potential policy liabilities or obligations anywhere, and upon
  25-17  filing such evidence the company may withdraw such deposit upon the
  25-18  approval of the Commissioner of Insurance.  For the purpose of
  25-19  state, county and municipal taxation, the situs of any securities
  25-20  deposited with the State Treasurer hereunder shall be in the city
  25-21  and county where the principal business office of such company is
  25-22  fixed by its charter.
  25-23                    (b)  Any voluntary deposit <now> held by the
  25-24  State Treasurer or the Department <State Board of Insurance>
  25-25  heretofore made by any insurance company in this State, and which
  25-26  deposit was made for the purpose of gaining admission to another
  25-27  state, may be considered, at the option of such company, to be
   26-1  hereinafter held under the provisions of this Act.
   26-2                    (c)  When two or more companies merge or
   26-3  consolidate or enter a total reinsurance contract by which the
   26-4  ceding company is dissolved and its assets acquired and liabilities
   26-5  assumed by the surviving company, and the companies have on deposit
   26-6  with the State Treasurer two or more deposits made for identical
   26-7  purposes under this section <either Section 17 of Article 1.10 of
   26-8  the Texas Insurance Code, as amended,> or Article 4739, Revised
   26-9  <Civil> Statutes <of Texas (1925)>, as amended, and now repealed,
  26-10  all such deposits, except the deposit of greatest amount and value,
  26-11  may be withdrawn by the new surviving or reinsuring company, upon
  26-12  proper showing of duplication of such deposits and that the company
  26-13  is the owner thereof.
  26-14                    (d)  Any company which has made a deposit or
  26-15  deposits under this section <Article 1.10, Section 17, Texas
  26-16  Insurance Code, as amended,> or Article 4739, Revised <Civil>
  26-17  Statutes <of Texas (1925)>, as amended and now repealed, shall be
  26-18  entitled to a return of such deposits upon proper application
  26-19  therefor and a showing before the Commissioner that such deposit or
  26-20  deposits are no longer required under the laws of any state,
  26-21  country or province in which such company sought or gained
  26-22  admission to do business upon the strength of a certificate of such
  26-23  deposit <by the State Board of Insurance or its predecessor>.
  26-24                    (e)  Upon being furnished a certified copy of the
  26-25  Commissioner's order issued under Subsection (c) or (d) above, the
  26-26  Treasurer of the State of Texas shall release, transfer and deliver
  26-27  such deposit or deposits to the owner as directed in said order.
   27-1              18.  Complaint File.  The Department <State Board of
   27-2  Insurance> shall keep <maintain> an information file about
   27-3  <relating to> each <written> complaint <that is> filed with the
   27-4  Department concerning an activity that is regulated by the
   27-5  Department or Commissioner <board concerning an activity that is
   27-6  regulated by the board>.
   27-7              19.  Notice of Complaint Status.  If a written
   27-8  complaint is filed with the Department, the Department, at least
   27-9  quarterly and until final disposition of the complaint, shall
  27-10  notify the parties to the complaint of the status of the complaint
  27-11  unless the notice would jeopardize an undercover investigation
  27-12  <State Board of Insurance relating to an activity that is regulated
  27-13  by the board, the board, at least quarterly and until final
  27-14  disposition of the complaint, shall notify the person making the
  27-15  complaint and the person complained against of the status of the
  27-16  complaint unless:>
  27-17                    <(A)  the complaint relates to an entity in
  27-18  supervision, conservatorship, or liquidation; or>
  27-19                    <(B)  giving such notice would jeopardize the
  27-20  investigation of a possible violation of a law that is enforceable
  27-21  by a criminal penalty>.
  27-22              20.  Electronic Transfer of Funds.  The Commissioner
  27-23  <Board> shall adopt rules for the electronic transfer of any taxes,
  27-24  fees, guarantee funds, or other money owed to or held for the
  27-25  benefit of the state and for which the Department has the
  27-26  responsibility to administer under this code or another insurance
  27-27  law of this state.  The Commissioner <Board> shall require the
   28-1  electronic transfer of any amounts held or owed in an amount
   28-2  exceeding $500,000.
   28-3        SECTION 1.08.  Chapter 1, Insurance Code, is amended by
   28-4  adding Articles 1.24D and 1.27 to read as follows:
   28-5        Art. 1.24D.  CONFIDENTIALITY OF UNDERWRITING GUIDELINES.  (a)
   28-6  The department or the office of public insurance counsel may
   28-7  request and receive copies of an insurer's underwriting guidelines.
   28-8  Underwriting guidelines are confidential and the department or the
   28-9  office of public insurance counsel may not make the guidelines
  28-10  available to the public, provided, however, that the department or
  28-11  the office of public insurance counsel may disclose a summary of
  28-12  the underwriting guidelines in a manner that does not directly or
  28-13  indirectly identify the insurer who provided the guidelines.
  28-14        (b)  This law does not preclude the use of underwriting
  28-15  guidelines as evidence to prosecute a violation of this code.  If
  28-16  guidelines are used to prosecute a violation of the law, all copies
  28-17  of those guidelines shall be presumed confidential and subject to a
  28-18  protective order until all appeals on the case have been exhausted.
  28-19  After the exhaustion of all appeals, if an insurer is found to have
  28-20  violated this code, the copies of the underwriting guidelines that
  28-21  were used as evidence of the violation shall no longer be presumed
  28-22  confidential.
  28-23        (c)  When such guidelines are furnished to the department or
  28-24  the office of public insurance counsel, only those persons within
  28-25  the department or the office of public insurance counsel with a
  28-26  need to know will have access to such guidelines.  The department
  28-27  and the office of public insurance counsel shall establish internal
   29-1  control systems to limit such access and keep a record thereof.
   29-2        (d)  Violations of the provisions of this article shall be
   29-3  considered as violation of the open records law, Chapter 424, Acts
   29-4  of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
   29-5  Vernon's Texas Civil Statutes).
   29-6        Art. 1.27.  APPLICATION OF PROVISIONS ADOPTED BY NATIONAL
   29-7  ASSOCIATION OF INSURANCE COMMISSIONERS.  The department may not
   29-8  require an insurer to comply with any rule, regulation, directive,
   29-9  or standard adopted by the National Association of Insurance
  29-10  Commissioners unless application of the rule, regulation,
  29-11  directive, or standard, including policy reserves, is expressly
  29-12  authorized by statute and approved by the commissioner.
  29-13        SECTION 1.09.  Sections 1, 2, 3, 4, and 6, Article 1.31A,
  29-14  Insurance Code, are amended to read as follows:
  29-15        Sec. 1.  Definition <Definitions>.  In this article, "fund"<:>
  29-16              <(1)  "Board" means the State Board of Insurance.>
  29-17              <(2)  "Commissioner" means the commissioner of
  29-18  insurance.>
  29-19              <(3)  "Fund"> means the Texas Department <State Board>
  29-20  of Insurance operating fund.
  29-21        Sec. 2.  Creation of Fund.  The Texas Department <State
  29-22  Board> of Insurance operating fund is a fund <created> in the State
  29-23  Treasury.
  29-24        Sec. 3.  Deposit of Revenues in Fund.  Money received by the
  29-25  commissioner or comptroller <board> from taxes and fees that are
  29-26  required by this code to be credited to the fund and money received
  29-27  by the commissioner <board> from sales, reimbursements, and fees
   30-1  authorized by law other than this code shall be deposited in the
   30-2  fund.
   30-3        Sec. 4.  Certain Money Included.  The money received from
   30-4  sales, reimbursements, and other fees authorized by law other than
   30-5  this code includes money received from the following:
   30-6              (1)  <fees received by the board for filing charters
   30-7  and charter amendments under Article 3914, Revised Statutes, as
   30-8  amended;>
   30-9              <(2)>  fees received by the department <board> for
  30-10  providing copies of public records under Chapter 424, Acts of the
  30-11  63rd Legislature, Regular Session, 1973, as amended (Article
  30-12  6252-17a, Vernon's Texas Civil Statutes);
  30-13              <(3)  money received by the state fire marshal for
  30-14  licenses under Chapter 498, Acts of the 55th Legislature, Regular
  30-15  Session, 1957, as amended (Article 9205, Vernon's Texas Civil
  30-16  Statutes);>
  30-17              (2) <(4)>  money or credits received by the department
  30-18  <board> for surplus or salvage property under Sections 9.04 and
  30-19  9.05, State Purchasing and General Services Act <Chapter 773, Acts
  30-20  of the 66th Legislature, Regular Session, 1979> (Article 601b,
  30-21  Vernon's Texas Civil Statutes);
  30-22              (3) <(5)>  money received by the department <board>
  30-23  from the sale of publications and other printed material under
  30-24  Chapter 248, Acts of the 55th Legislature, Regular Session, 1957
  30-25  (Article 4413(33), Vernon's Texas Civil Statutes);
  30-26              (4) <(6)>  receipts to the department <board> from
  30-27  miscellaneous transactions and sources under Section 403.011 or
   31-1  403.012, Government Code <Article 4344, Revised Statutes>, as
   31-2  amended;
   31-3              (5) <(7)>  money received by the department <board>
   31-4  from charges for postage spent to serve legal process under Section
   31-5  17.025, Civil Practice and Remedies Code <Chapter 288, Acts of the
   31-6  67th Legislature, Regular Session, 1981 (Article 2041b, Vernon's
   31-7  Texas Civil Statutes)>;
   31-8              (6) <(8)>  receipts to the department <board> for
   31-9  furnishing necessary and authorized special or technical services
  31-10  under Chapter 741, Government Code <the Interagency Cooperation
  31-11  Act,> as amended <(Article 4413(32), Vernon's Texas Civil
  31-12  Statutes)>;
  31-13              (7) <(9)>  receipts to the department <board> from the
  31-14  State Treasurer involving warrants for which payment is barred
  31-15  under Chapter 404, Government Code <Article 4371, Revised
  31-16  Statutes>, as amended;
  31-17              (8) <(10)>  money received by the department <board>
  31-18  from sales or reimbursements authorized by the General
  31-19  Appropriations Act; and
  31-20              (9) <(11)>  money received by the department <board>
  31-21  from the sale of any property purchased with money from the <State
  31-22  Board of Insurance operating> fund or a predecessor fund.
  31-23        Sec. 6.  Administration of Fund.  (a)  The commissioner shall
  31-24  administer and may spend money from the fund pursuant to laws of
  31-25  the state, rules adopted by the commissioner <of the board>, and
  31-26  the General Appropriations Act.
  31-27        (b)  The commissioner <board> is responsible for the
   32-1  development and maintenance of an accounting procedure for the
   32-2  receipt, allocation, and disbursement of money deposited in the
   32-3  fund.  The procedure shall require adequate records for the
   32-4  commissioner or comptroller, if applicable, <board> to adjust the
   32-5  tax assessments and fee schedules as authorized by this code and
   32-6  for the State Auditor to determine the source of all receipts and
   32-7  expenditures.
   32-8        SECTION 1.10.  Article 1.35, Insurance Code, is amended to
   32-9  read as follows:
  32-10        Art. 1.35.  Notice of Policyholder Complaint Procedures.
  32-11  (a)  Each insurance policy delivered or issued for delivery in this
  32-12  state <on or after September 1, 1984,> shall be accompanied by a
  32-13  brief written notice of suggested procedure to be followed by the
  32-14  policyholder in the event of a dispute concerning a policyholder's
  32-15  claim or premium.
  32-16        (b)  The notice must include the name and address of the
  32-17  department and the toll-free telephone number maintained under
  32-18  Article 1.35D of this code <State Board of Insurance>.
  32-19        (c)  The commissioner <State Board of Insurance> shall
  32-20  promulgate the proper wording for the written notice.
  32-21        SECTION 1.11.  Article 1.35D(b), Insurance Code, is amended
  32-22  to read as follows:
  32-23        (b)  The department, through the toll-free telephone number,
  32-24  shall provide only the following to the public:
  32-25              (1)  information collected or maintained by the
  32-26  department relating to the number of justified, verified as
  32-27  accurate, and documented as valid complaints received against a
   33-1  particular insurer, as a percentage of the number of insurance
   33-2  policies written by the insurer and in force on the preceding
   33-3  December 31, and the disposition of the complaints;
   33-4              (2)  the rating of the insurer, if any, as published by
   33-5  a nationally recognized rating organization;
   33-6              (3)  the types of coverages available to a consumer
   33-7  through any insurer writing insurance in this state; <and>
   33-8              (4)  the insurer's admitted assets-to-liabilities
   33-9  ratio; and
  33-10              (5)  other appropriate information collected and
  33-11  maintained by the department.
  33-12        SECTION 1.12.  Article 1.37, Insurance Code, is amended to
  33-13  read as follows:
  33-14        Art. 1.37.  INFORMATION CONCERNING DEPARTMENT <STATE BOARD>
  33-15  OF INSURANCE.  The department <State Board of Insurance> shall
  33-16  prepare information of public <consumer> interest describing the
  33-17  <regulatory> functions of the department <board> and describing the
  33-18  department's <board's> procedures by which <consumer> complaints
  33-19  are filed with and resolved by the department <board>.  The
  33-20  department <board> shall make the information available <on
  33-21  request> to the <general> public and appropriate state agencies.
  33-22        SECTION 1.13.  Chapter 1, Insurance Code, is amended by
  33-23  adding Article 1.41 to read as follows:
  33-24        Art. 1.41.  LIMITATION ON DISCIPLINE.  (a)  Except as
  33-25  provided by Subsections (b) and (c) of this article, the department
  33-26  or commissioner may not commence an action to impose a sanction,
  33-27  penalty, or fine, including an administrative penalty, against any
   34-1  insurer, agent, or other licensee subject to the jurisdiction of
   34-2  the department for any conduct that is in violation of this code or
   34-3  another insurance law of this state after the earlier of:
   34-4              (1)  the fifth anniversary of the date on which the
   34-5  conduct occurred; or
   34-6              (2)  the second anniversary of the earlier of:
   34-7                    (A)  the date on which the conduct was first
   34-8  discovered by the department; or
   34-9                    (B)  the date on which the conduct was made known
  34-10  to the department.
  34-11        (b)  The department or commissioner may not commence an
  34-12  action to impose a sanction, penalty, or fine, including an
  34-13  administrative penalty, against any insurer, agent, or other
  34-14  licensee subject to the jurisdiction of the department for any
  34-15  conduct that is in violation of this code or another insurance law
  34-16  of this state and that involves fraud on the part of the insurer,
  34-17  agent, or licensee after the fifth anniversary of the earlier of:
  34-18              (1)  the date on which the conduct was first discovered
  34-19  by the department; or
  34-20              (2)  the date on which the conduct was made known to
  34-21  the department.
  34-22        (c)  This article does not apply to a violation that is
  34-23  ongoing at the time the department seeks to impose the sanction,
  34-24  penalty, or fine.
  34-25        SECTION 1.14.  Chapter 1, Insurance Code, is amended by
  34-26  adding Article 1.03B to read as follows:
  34-27        Art. 1.03B.  FISCAL IMPACT OF DEPARTMENT RULES.  (a)  This
   35-1  article applies to any rule adopted by the commissioner in
   35-2  accordance with the Administrative Procedure and Texas Register Act
   35-3  (Article 6252-13a, Vernon's Texas Civil Statutes).
   35-4        (b)  If the fiscal note or the public benefit-cost note
   35-5  required by Subdivisions (4) and (5), Section 5(a), Administrative
   35-6  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   35-7  Civil Statutes), fails to accurately state the reasonable actual
   35-8  costs required, and the reasonable actual costs required exceed the
   35-9  costs stated by at least 25 percent of the costs stated, the rule
  35-10  is void effective on the date the rule is adopted.
  35-11        SECTION 1.15.  Section 323.007, Government Code, is amended
  35-12  by adding Subsection (d) to read as follows:
  35-13        (d)  Upon the direction of the lieutenant governor and the
  35-14  speaker of the house, the council shall prepare a revision of the
  35-15  Insurance Code and other insurance laws of this state that are
  35-16  included in Vernon's Texas Insurance Code for consideration by the
  35-17  75th Legislature during its regular session.  This subsection
  35-18  expires June 1, 1997.
  35-19        SECTION 1.16.  Section 3.22(c), Texas Workers' Compensation
  35-20  Act (Article 8308-3.22, Vernon's Texas Civil Statutes), is amended
  35-21  to read as follows:
  35-22        (c)  The filing required under this section shall be filed
  35-23  with the commission <State Board of Insurance> pursuant to Section
  35-24  3.27 of this Act.
  35-25        SECTION 1.17.  Section 3.25(c), Texas Workers' Compensation
  35-26  Act (Article 8308-3.25, Vernon's Texas Civil Statutes), is amended
  35-27  to read as follows:
   36-1        (c)  The notice required under this section shall be filed
   36-2  with the commission <State Board of Insurance> pursuant to Section
   36-3  3.27 of this Act.
   36-4        SECTION 1.18.  Section 3.26(d), Texas Workers' Compensation
   36-5  Act (Article 8308-3.26, Vernon's Texas Civil Statutes), is amended
   36-6  to read as follows:
   36-7        (d)  The notice required under this section shall be filed
   36-8  with the commission <State Board of Insurance> pursuant to Section
   36-9  3.27 of this Act.
  36-10        SECTION 1.19.  Section 3.27, Texas Workers' Compensation Act
  36-11  (Article 8308-3.27, Vernon's Texas Civil Statutes), is amended to
  36-12  read as follows:
  36-13        Art. 8308-3.27.  Collecting, Maintaining, and Monitoring and
  36-14  Enforcing Compliance <Cooperation between State Board of Insurance
  36-15  and Texas Workers' Compensation Commission>.  (a)  The commission
  36-16  <On and after September 1, 1991, the State Board of Insurance>
  36-17  shall collect and maintain the information required <to be
  36-18  provided> under this chapter and <shall provide this information in
  36-19  the time and manner prescribed by the commission.  The State Board
  36-20  of Insurance> shall monitor compliance with the requirements <and
  36-21  notify the commission of possible violations in the time and manner
  36-22  prescribed by the commission>.  The commission <State Board of
  36-23  Insurance> is authorized to adopt rules as necessary to enforce
  36-24  this chapter.
  36-25        (b)  The commission shall enforce the administrative
  36-26  penalties established in this chapter according to Article 10 of
  36-27  this Act.
   37-1        SECTION 1.20.  Section 3.28(e), Texas Workers' Compensation
   37-2  Act (Article 8308-3.28, Vernon's Texas Civil Statutes), is amended
   37-3  to read as follows:
   37-4        (e)  The notice required under this section shall be filed
   37-5  with the commission <State Board of Insurance pursuant to Section
   37-6  3.27 of this Act>.
   37-7        SECTION 1.21.  (a)  Sections 3(g) and 4(e), Article 1.10A,
   37-8  Insurance Code, are repealed.
   37-9        (b)  Articles 1.03, 1.05, 1.06D, and 1.08, Insurance Code,
  37-10  are repealed.
  37-11        (c)  Subsection (e), Article 1.09, Insurance Code, is
  37-12  repealed.
  37-13        SECTION 1.22.  (a)  This section applies to any act of the
  37-14  State Board of Insurance performed before September 1, 1994, that,
  37-15  after September 1, 1994, is an act that shall or may be performed
  37-16  only by the commissioner of insurance, including:
  37-17              (1)  issuance of a license, certificate, or other
  37-18  similar form of permission;
  37-19              (2)  promulgation of a rule, standard, regulation, or
  37-20  order;
  37-21              (3)  promulgation or approval of policy forms or policy
  37-22  form endorsements; or
  37-23              (4)  adoption or approval of a plan of operation for an
  37-24  organization subject to the jurisdiction of the Texas Department of
  37-25  Insurance.
  37-26        (b)  An act governed by this section remains in effect until:
  37-27              (1)  it expires under its own terms or in accordance
   38-1  with applicable law; or
   38-2              (2)  it is superseded by an act of the commissioner of
   38-3  insurance.
   38-4        SECTION 1.23.  (a)  As soon as possible on or after the
   38-5  effective date of this Act, but not later than March 1, 1994, the
   38-6  governor shall appoint a commissioner of insurance.  The initial
   38-7  term of the commissioner ends on February 1, 1995.
   38-8        (b)  On the effective date of this Act, the commissioner of
   38-9  insurance serving immediately before the effective date of this Act
  38-10  shall assume authority over any area of activity of the Texas
  38-11  Department of Insurance not subject to the authority of the State
  38-12  Board of Insurance under Subsection (c) of this section.
  38-13        (c)  On the effective date of this Act, the State Board of
  38-14  Insurance serving immediately before the effective date of this Act
  38-15  shall relinquish authority over all areas of activity of the Texas
  38-16  Department of Insurance except:
  38-17              (1)  promulgation and approval of rates;
  38-18              (2)  promulgation and approval of policy forms and
  38-19  policy form endorsements; and
  38-20              (3)  hearings, proceedings, and rules related to the
  38-21  activities described by Subdivision (1) or (2) of this section.
  38-22        (d)  On the date a commissioner of insurance is appointed
  38-23  under Subsection (a) of this section, that commissioner shall
  38-24  assume the authority granted to the commissioner under Subsection
  38-25  (b) of this section.  On and after that date, the commissioner
  38-26  shall cooperate with the State Board of Insurance to assume the
  38-27  authority granted to the board under Subsection (c) of this section
   39-1  and shall adopt rules as necessary to govern those activities in
   39-2  accordance with Article 1.33C, Insurance Code, as added by this
   39-3  Act.  As soon as possible after the appointment of the commissioner
   39-4  under Subsection (a) of this section but not later than September
   39-5  1, 1994, the commissioner shall assume the authority granted to the
   39-6  board under Subsection (c) of this section.  After the commissioner
   39-7  has assumed this authority, the board may advise the commissioner
   39-8  with respect to that authority.
   39-9        (e)  A decision, rate, rule, or other act of the State Board
  39-10  of Insurance is appealable in the same manner as a decision of the
  39-11  commissioner of insurance under Article 1.04, Insurance Code, as
  39-12  amended by this Act.
  39-13        (f)  Effective September 1, 1994, the State Board of
  39-14  Insurance is abolished.
  39-15        SECTION 1.24.  On the effective date of this Act, the
  39-16  comptroller shall redesignate the State Board of Insurance
  39-17  operating fund (Fund No. 36) as the Texas Department of Insurance
  39-18  operating account in the general revenue fund.  All money in the
  39-19  State Board of Insurance operating fund on the effective date of
  39-20  this Act shall be transferred to the Texas Department of Insurance
  39-21  operating account.
  39-22     ARTICLE 2.  TRANSFER OF CERTAIN FUNCTIONS TO STATE OFFICE OF
  39-23                        ADMINISTRATIVE HEARINGS
  39-24        SECTION 2.01.  Chapter 1, Insurance Code, is amended by
  39-25  adding Article 1.33B to read as follows:
  39-26        Art. 1.33B.  CERTAIN HEARINGS HELD BY STATE OFFICE OF
  39-27  ADMINISTRATIVE HEARINGS.  (a)  This article does not apply to a
   40-1  hearing or proceeding:
   40-2              (1)  relating to the approval or review of rates or
   40-3  rating manuals filed by individual companies, unless they are
   40-4  contested;
   40-5              (2)  relating to the promulgation of rules;
   40-6              (3)  relating to the promulgation or approval of a
   40-7  policy form or policy form endorsement;
   40-8              (4)  relating to the adoption or approval of a plan of
   40-9  operation for an organization subject to the jurisdiction of the
  40-10  department; or
  40-11              (5)  conducted in accordance with Article 1.04D of this
  40-12  code.
  40-13        (b)  The State Office of Administrative Hearings established
  40-14  under Chapter 591, Acts of the 72nd Legislature, Regular Session,
  40-15  1991 (Article 6252-13f, Vernon's Texas Civil Statutes), and its
  40-16  subsequent amendments shall conduct any administrative hearing
  40-17  required to be held or that may be held under this code or another
  40-18  insurance law of this state.  This article applies only to hearings
  40-19  required to be held before a decision may be rendered or action
  40-20  taken by the commissioner or the department.
  40-21        (c)(1)  Rate promulgation proceedings shall be governed by
  40-22  the provisions of this subsection and shall be treated as a
  40-23  contested case under the Administrative Procedure and Texas
  40-24  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
  40-25  Accordingly, the procedures before the commissioner shall be guided
  40-26  by the principles and procedures for contested cases as provided in
  40-27  the Administrative Procedure and Texas Register Act (Article
   41-1  6252-13a, Vernon's Texas Civil Statutes) and the Texas Rules of
   41-2  Civil Procedure to the extent not inconsistent with the provisions
   41-3  of this subsection.
   41-4              (2)  Opportunity must be afforded all interested
   41-5  parties to respond to and present evidence and argument concerning
   41-6  all issues involved in the proceeding.  The testimony of a witness,
   41-7  other than an expert witness, may be presented either orally by the
   41-8  witness at the hearing or by affidavit.  Each party to the
   41-9  proceeding shall be accorded the right to cross-examine each
  41-10  witness called to testify by any other party to the proceeding.
  41-11  Accordingly, the attendance of any person providing testimony by
  41-12  affidavit shall be required if any party files a written request
  41-13  that the witness appear for cross-examination.  If the person
  41-14  providing testimony by affidavit fails to appear for
  41-15  cross-examination after the filing of a written request that the
  41-16  person appear, the administrative law judge shall exclude the
  41-17  affidavit from evidence and shall not consider the affidavit of
  41-18  that person for any purpose.  The direct testimony of each expert
  41-19  witness to be called must be prefiled in accordance with a schedule
  41-20  to be established by the administrative law judge.  The
  41-21  administrative law judge shall also establish reasonable deadlines
  41-22  for the filing of affidavits, the designation of witnesses, and
  41-23  such other matters as are necessary or appropriate.
  41-24              (3)  The commissioner may not attempt to influence the
  41-25  administrative law judge's findings of fact, conclusions of law, or
  41-26  the administrative law judge's application of the law to the facts
  41-27  in any proceedings.
   42-1              (4)  The proposal for decision prepared by the
   42-2  administrative law judge, which shall include the proposed findings
   42-3  of fact and conclusions of law, shall be served by registered mail
   42-4  upon the parties by the administrative law judge, and an
   42-5  opportunity shall be given to each party to file exceptions to the
   42-6  proposal and briefs related to the issues addressed in the proposal
   42-7  for decision.
   42-8              (5)  The commissioner shall thereafter in open meeting
   42-9  consider the proposal for decision prepared by the administrative
  42-10  law judge, the exceptions of the parties, and the briefs and
  42-11  arguments of the parties.  The commissioner may amend the proposal
  42-12  for decision, including any finding of fact, but any such amendment
  42-13  thereto and the order of the commissioner promulgating the rate
  42-14  shall be based solely upon the record made before the
  42-15  administrative law judge.  Any such amendment by the commissioner
  42-16  shall be accompanied by an explanation of the basis of the
  42-17  amendment.  The commissioner may also refer the matter back to the
  42-18  administrative law judge to reconsider findings and conclusions set
  42-19  forth in the proposal for decision or to take additional evidence
  42-20  or to make additional findings of fact or conclusions of law.  The
  42-21  commissioner shall serve a copy of the commissioner's order,
  42-22  including the commissioner's findings of fact and conclusions of
  42-23  law, upon each party.
  42-24        (d)  The commissioner and the chief administrative law judge
  42-25  of the State Office of Administrative Hearings by rule shall adopt
  42-26  a memorandum of understanding governing hearings held by the State
  42-27  Office of Administrative Hearings under this code and other
   43-1  insurance laws of this state.  The memorandum of understanding
   43-2  shall require the chief administrative law judge and the
   43-3  commissioner to cooperate in conducting hearings under this article
   43-4  and may authorize the State Office of Administrative Hearings to
   43-5  perform any procedural act, including giving of notice, that is
   43-6  required to be performed by the commissioner under this code or
   43-7  another insurance law of this state.
   43-8        (e)  Any provision of this code or another insurance law of
   43-9  this state that provides that the commissioner shall take an action
  43-10  at a hearing subject to this article means that the commissioner
  43-11  shall take the action after the receipt of a report from the State
  43-12  Office of Administrative Hearings regarding the hearing conducted
  43-13  by that agency.
  43-14        (f)  This article governs in the event of a conflict with
  43-15  another provision of this code or another insurance law of this
  43-16  state, unless the other provision or insurance law states that this
  43-17  article does not apply.
  43-18        SECTION 2.02.  Chapter 1, Insurance Code, is amended by
  43-19  adding Article 1.33C to read as follows:
  43-20        Art. 1.33C.  RATE AND FORM PROCEEDINGS.  (a)  The
  43-21  commissioner shall adopt rules governing hearings and other
  43-22  proceedings necessary for the promulgation or approval of rates and
  43-23  approval or promulgation of policy forms or policy form
  43-24  endorsements under this code or other insurance laws of this state.
  43-25  The commissioner shall conduct these hearings or proceedings in
  43-26  accordance with the rules adopted under this article.
  43-27        (b)  Rules adopted under this article must comply with this
   44-1  code and any other insurance law of this state and must be adopted
   44-2  in accordance with the Administrative Procedure and Texas Register
   44-3  Act (Article 6252-13a, Vernon's Texas Civil Statutes).
   44-4        (c)  In adopting rules under this article, the commissioner
   44-5  shall consider Article 5.121 of this code.
   44-6        SECTION 2.03.  Article 1.06C, Insurance Code, is amended to
   44-7  read as follows:
   44-8        Art. 1.06C.  PROHIBITED REPRESENTATION.  (a)  A person
   44-9  serving as a member of the former State Board of Insurance <board>,
  44-10  commissioner, general counsel, public counsel, staff employee of a
  44-11  member of the former State Board of Insurance, or an employee of
  44-12  the State Office of Administrative Hearings who is involved in
  44-13  hearing cases under this code or another insurance law of this
  44-14  state <or head of a department division> may not, for a period of
  44-15  one year <two years> after the date the person ceases to be a board
  44-16  member, commissioner, general counsel, public counsel, or employee
  44-17  <division head>, represent any person in a matter before the
  44-18  department or receive compensation for services rendered on behalf
  44-19  of any person regarding a matter pending before the department.
  44-20        (b)  <A person, other than a person subject to Subsection (a)
  44-21  of this section, who is employed by the department or board may
  44-22  not, for a period of two years after the date the person terminates
  44-23  service with the department or board, represent any person in a
  44-24  matter before the department or receive compensation for services
  44-25  rendered on behalf of any person regarding a matter pending before
  44-26  the department.  This subsection does apply to an employee exempt
  44-27  from the state's position classification plan, but does not apply
   45-1  to an employee who was compensated at a salary less than the salary
   45-2  prescribed by the General Appropriations Act for step 1, salary
   45-3  group 17, of the position classification salary schedule.>
   45-4        <(c)>  A former member of the former State Board of Insurance
   45-5  <board>, a former commissioner, a former general counsel, a former
   45-6  public counsel, a staff employee of a member of the former State
   45-7  Board of Insurance <a former head of a department division>, or a
   45-8  former employee of the board or the State Office of Administrative
   45-9  Hearings <department described by Subsection (b) of this section>
  45-10  may not represent any person or receive compensation for services
  45-11  rendered on behalf of any person regarding a matter with which the
  45-12  former member, commissioner, general counsel, public counsel,
  45-13  division head, or employee was directly concerned during the period
  45-14  of service or employment on or with the board or State Office of
  45-15  Administrative Hearings <department> or as commissioner, either
  45-16  through personal involvement or because the matter was within the
  45-17  member's, commissioner's, general counsel's, public counsel's,
  45-18  <division head's,> or employee's official responsibility while
  45-19  associated with the board or State Office of Administrative
  45-20  Hearings.
  45-21        (c) <(d)>  A former member or employee of the former State
  45-22  Board of Insurance <board> or State Office of Administrative
  45-23  Hearings <department> or a former commissioner, general counsel,
  45-24  <or> public counsel, or staff employee of a member of the former
  45-25  State Board of Insurance commits an offense if the former member,
  45-26  employee, commissioner, general counsel, or public counsel violates
  45-27  this section.  An offense under this subsection is a Class A
   46-1  misdemeanor.
   46-2        (d) <(e)>  This section does not apply to an employee of the
   46-3  Texas Department of Insurance whose employment is terminated based
   46-4  on the elimination of the employee's position of employment that is
   46-5  a direct result of a reduction in the agency's workforce.
   46-6        SECTION 2.04.  Article 1.09-4, Insurance Code, is repealed.
   46-7        SECTION 2.05.  (a)  Not later than December 31, 1993, the
   46-8  commissioner of insurance and the chief administrative law judge of
   46-9  the State Office of Administrative Hearings shall adopt the
  46-10  memorandum of understanding required by Article 1.33B, Insurance
  46-11  Code, as added by this Act.
  46-12        (b)  This article applies only to a hearing that is not held
  46-13  before or pending on January 1, 1994.  Unless the commissioner of
  46-14  insurance and the chief administrative law judge of the State
  46-15  Office of Administrative Hearings agree to apply Article 1.33B,
  46-16  Insurance Code, as added by this Act, a hearing that is held before
  46-17  or pending on January 1, 1994, is governed by the law in effect
  46-18  immediately before the effective date of this Act, and that law is
  46-19  continued in effect for this purpose.
  46-20          ARTICLE 3.  TRANSFER OF CERTAIN TAX COLLECTION AND
  46-21             AUDIT FUNCTIONS TO OFFICE OF THE COMPTROLLER
  46-22        SECTION 3.01.  Chapter 1, Insurance Code, is amended by
  46-23  adding Article 1.04D to read as follows:
  46-24        Art. 1.04D.  DUTIES OF COMPTROLLER.  (a)  Except as otherwise
  46-25  expressly provided for in this code or another insurance law of
  46-26  this state, the duties of the department and commissioner relative
  46-27  to the collection, reporting, and administration of taxes and
   47-1  certain fees and assessments imposed under this code or another
   47-2  insurance law of this state are transferred to the comptroller
   47-3  effective September 1, 1993, as specifically provided in this code.
   47-4        (b)  The duties transferred to the comptroller relative to
   47-5  taxes, fees, and assessments imposed under this code or another
   47-6  insurance law of this state relate to the collection, reporting,
   47-7  enforcement, and administration of all such amounts currently
   47-8  provided for under this code or another insurance law of this
   47-9  state, and also of any taxes, fees, or assessments that have been
  47-10  repealed or are otherwise inactive but for which amounts may still
  47-11  be owing or refunds may be due on or after the effective date of
  47-12  this article.
  47-13        (c)  The comptroller may adopt rules to carry out the
  47-14  collection, reporting, enforcement, and administration
  47-15  responsibilities assigned to the comptroller under this code or
  47-16  another insurance law of this state.  The comptroller may also
  47-17  prescribe appropriate report forms, establish or alter tax return
  47-18  due dates not otherwise specifically set forth in this code or
  47-19  another insurance law of this state, and otherwise adapt the
  47-20  functions transferred to the comptroller to increase efficiency and
  47-21  cost-effectiveness.  With respect to rules related to the
  47-22  collection, reporting, enforcement, or otherwise to the
  47-23  administration of taxes imposed under this code, rules adopted by
  47-24  the comptroller shall prevail in the event of conflict with rules,
  47-25  policies, or procedures established by the department, the
  47-26  commissioner, or otherwise.
  47-27        (d)  With respect to the comptroller's performance of the
   48-1  duties relative to the taxes, fees, and assessments imposed under
   48-2  this code or another insurance law of this state, the comptroller
   48-3  has the administrative, enforcement, and collection powers provided
   48-4  by Subtitles A and B, Title 2, Tax Code, and their subsequent
   48-5  amendments.  Except as otherwise expressly provided by this code,
   48-6  those powers are granted to the comptroller without limiting and
   48-7  exclusive of powers granted to the department or the commissioner
   48-8  with respect to other fees and assessments under this code.
   48-9        SECTION 3.02.  Article 1.11(a), Insurance Code, is amended to
  48-10  read as follows:
  48-11        (a)  The commissioner <Board> may, from time to time, make
  48-12  such changes in the forms of the annual statements required of
  48-13  insurance companies of any kind, as shall seem to it best adapted
  48-14  to elicit a true exhibit of their condition and methods of
  48-15  transacting business.  Such form shall elicit only such information
  48-16  as shall pertain to the business of the company.
  48-17        If any annual statement, report, financial statement, <tax
  48-18  return,> or <tax> payment required to be filed or deposited in the
  48-19  offices of the commissioner, or any report, tax return, or payment
  48-20  required to be filed or deposited in the offices of the comptroller
  48-21  <State Board of Insurance>, is delivered by the United States
  48-22  Postal Service to the offices of the commissioner or comptroller,
  48-23  as required, <State Board of Insurance> after the prescribed date
  48-24  on which the annual statement, report, financial statement, tax
  48-25  return, or <tax> payment is to be filed, the date of the United
  48-26  States Postal Service postmark stamped on the cover in which the
  48-27  document <annual statement> is mailed, or any other evidence of
   49-1  mailing authorized by the United States Postal Service reflected on
   49-2  the cover in which the document <annual statement> is mailed, shall
   49-3  be deemed to be the date of filing, unless otherwise specifically
   49-4  made an exception to this general statute.
   49-5        SECTION 3.03.  Section 2(b), Article 1.14-1, Insurance Code,
   49-6  is amended to read as follows:
   49-7        (b)  The provisions of this section do not apply to:
   49-8              1.  The lawful transaction of surplus lines insurance
   49-9  pursuant to Article 1.14-2.
  49-10              2.  The lawful transaction of reinsurance by insurers.
  49-11              3.  Transactions in this state involving a policy
  49-12  lawfully solicited, written, and delivered outside of this state
  49-13  covering only subjects of insurance not resident, located, or
  49-14  expressly to be performed in this state at the time of issuance,
  49-15  and which transactions are subsequent to the issuance of such
  49-16  policy.
  49-17              4.  Transactions involving contracts of insurance
  49-18  independently procured through negotiations occurring entirely
  49-19  outside of this state which are reported and on which premium tax
  49-20  is paid in accordance with this Article.
  49-21              5.  Transactions in this state involving group life,
  49-22  health or accident insurance (other than credit insurance) and
  49-23  group annuities where the master policy of such groups was lawfully
  49-24  issued and delivered in a state in which the company was authorized
  49-25  to do an insurance business and such transactions are authorized by
  49-26  other statutes of this state.
  49-27              6.  Lawful transactions by servicing companies of the
   50-1  Texas workers' compensation employers' rejected risk fund pursuant
   50-2  to Section 4.08, Article 5.76-2.
   50-3              7.  Management and accounting activities in this state
   50-4  on behalf of a non-admitted captive insurance company that insures
   50-5  solely directors' and officers' liability insurance for the
   50-6  directors and officers of its parent and affiliated companies
   50-7  and/or the risks of its parent and affiliated companies.  This
   50-8  provision does not exempt any insured or insurer from the payment
   50-9  of any applicable tax on premiums or any other applicable provision
  50-10  in this code.
  50-11        SECTION 3.031.  Section 2(a), Article 1.14-1, Insurance Code,
  50-12  is amended to read as follows:
  50-13        (a)  Any of the following acts in this state effected by mail
  50-14  or otherwise is defined to be doing an insurance business in this
  50-15  state.  The venue of an act committed by mail is at the point where
  50-16  the matter transmitted by mail is delivered and takes effect.
  50-17  Unless otherwise indicated, the term insurer as used in this
  50-18  Article includes all corporations, associations, partnerships and
  50-19  individuals engaged as principals in the business of insurance and
  50-20  also includes interinsurance exchanges, mutual benefit societies,
  50-21  and insurance exchanges and syndicates as defined by rules
  50-22  promulgated by the State Board of Insurance.
  50-23              1.  The making of or proposing to make, as an insurer,
  50-24  an insurance contract.
  50-25              2.  The making of or proposing to make, as guarantor or
  50-26  surety, any contract of guaranty or suretyship as a vocation and
  50-27  not merely incidental to any other legitimate business or activity
   51-1  of the guarantor or surety.
   51-2              3.  The taking or receiving of any application for
   51-3  insurance.
   51-4              4.  The receiving or collection of any premium,
   51-5  commission, membership fees, assessments, dues or other
   51-6  consideration for any insurance or any part thereof.
   51-7              5.  The issuance or delivery of contracts of insurance
   51-8  to residents of this state or to persons authorized to do business
   51-9  in this state.
  51-10              6.  Directly or indirectly acting as an agent for or
  51-11  otherwise representing or aiding on behalf of another any person or
  51-12  insurer in the solicitation, negotiation, procurement or
  51-13  effectuation of insurance or renewals thereof or in the
  51-14  dissemination of information as to coverage or rates, or forwarding
  51-15  of applications, or delivery of policies or contracts, or
  51-16  inspection of risks, a fixing of rates or investigation or
  51-17  adjustment of claims or losses or in the transaction of matters
  51-18  subsequent to effectuation of the contract and arising out of it,
  51-19  or in any other manner representing or assisting a person or
  51-20  insurer in the transaction of insurance with respect to subjects of
  51-21  insurance resident, located or to be performed in this state.  The
  51-22  provisions of this subdivision shall not operate to prohibit
  51-23  full-time salaried employees of a corporate insured from acting in
  51-24  the capacity of an insurance manager or buyer in placing insurance
  51-25  in behalf of such employer, its parent or affiliated companies.
  51-26              7.  Contracting to provide indemnification or expense
  51-27  reimbursement in this state to persons domiciled in this state or
   52-1  for risks located in this state, whether as an insurer, agent,
   52-2  administrator, trust, funding mechanism, or by any other method,
   52-3  for any type of medical expenses including, but not limited to
   52-4  surgical, chiropractic, physical therapy, speech pathology,
   52-5  audiology, professional mental health, dental, hospital, or
   52-6  optometric expenses, whether this coverage is by direct payment,
   52-7  reimbursement, or otherwise.  This provision shall not apply to:
   52-8                    (i)  any program otherwise authorized by law that
   52-9  is established by any political subdivision of this state or under
  52-10  the provisions of The Interlocal Cooperation Act (Article
  52-11  4413(32c), Vernon's Texas Civil Statutes) or by a state agency; or
  52-12                    (ii)  a multiple employer welfare arrangement
  52-13  which is fully insured as defined in 29 U.S.C.A. Section 1144(b)(6)
  52-14  except that the Commissioner may apply any laws that regulate the
  52-15  business of insurance in this state to the extent that such laws
  52-16  provide (1) standards requiring the maintenance of specified levels
  52-17  of contributions, which any such plan, or any trust established
  52-18  under such a plan, must meet in order to be considered under such
  52-19  law able to pay benefits in full when due, and (2) provisions to
  52-20  enforce such standards.
  52-21              8.  The doing of any kind of insurance business
  52-22  specifically recognized as constituting the doing of an insurance
  52-23  business within the meaning of the statutes relating to insurance.
  52-24              9.  The doing or proposing to do any insurance business
  52-25  in substance equivalent to any of the foregoing in a manner
  52-26  designed to evade the provisions of the statutes.
  52-27              10.  Any other transactions of business in this state
   53-1  by an insurer.
   53-2              11.  With respect to policies authorized under Article
   53-3  3.74 of this code, the use, creation, publication, mailing, or
   53-4  dissemination of an advertisement relating to any of the acts
   53-5  defined in this subsection to be doing an insurance business
   53-6  unless:
   53-7                    (i)  that advertisement is used, created,
   53-8  published, mailed, or disseminated on behalf of a person or insurer
   53-9  authorized under this title to engage in the business of insurance
  53-10  in this state, who has actual knowledge of the content of the
  53-11  advertisement and has authorized the advertisement to be used,
  53-12  created, published, mailed, or disseminated on that person's or
  53-13  insurer's behalf; and
  53-14                    (ii)  the person or insurer on whose behalf the
  53-15  advertisement is used, created, published, mailed, or disseminated
  53-16  is, in that advertisement, clearly identified by name as the
  53-17  sponsor of the advertisement.
  53-18        SECTION 3.04.  Section 11(a), Article 1.14-1, Insurance Code,
  53-19  is amended to read as follows:
  53-20        (a)  Except as to premiums on lawfully procured surplus lines
  53-21  insurance and premiums on independently procured insurance on which
  53-22  a tax has been paid pursuant to this Article or Article 1.14-2,
  53-23  every unauthorized insurer shall pay to the comptroller, on a form
  53-24  prescribed by the comptroller, <State Board of Insurance> before
  53-25  March 1 next succeeding the calendar year in which the insurance
  53-26  was so effectuated, continued or renewed or another date as
  53-27  prescribed by the comptroller a premium receipts tax of 4.85
   54-1  percent of gross premiums charged for such insurance on subjects
   54-2  resident, located or to be performed in this state.  Such insurance
   54-3  on subjects resident, located or to be performed in this state
   54-4  procured through negotiations or an application, in whole or in
   54-5  part occurring or made within or from within or outside of this
   54-6  state, or for which premiums in whole or in part are remitted
   54-7  directly or indirectly from within or outside of this state, shall
   54-8  be deemed to be insurance procured, or continued or renewed in this
   54-9  state.  The term "premium" includes all premiums, membership fees,
  54-10  assessments, dues and any other consideration for insurance.  Such
  54-11  tax shall be in lieu of all other insurance taxes.  On default of
  54-12  any such unauthorized insurer in the payment of such tax the
  54-13  insured shall pay the tax.  If the tax prescribed by this
  54-14  subsection is not paid within the time stated, Subtitles A and B,
  54-15  Title 2, Tax Code, and their subsequent amendments, apply <the tax
  54-16  shall be increased by a penalty of 25 percent and by the amount of
  54-17  an additional penalty computed at the rate of one percent per month
  54-18  or any part thereof from the date such payment was due to the date
  54-19  paid>.
  54-20        SECTION 3.05.  Sections 12(a), (c), and (e), Article 1.14-1,
  54-21  Insurance Code, are amended to read as follows:
  54-22        (a)  Every insured who procures or causes to be procured or
  54-23  continues or renews insurance with any unauthorized insurer, or any
  54-24  insured or self-insurer who so procures or continues excess loss,
  54-25  catastrophe or other insurance, upon a subject of insurance
  54-26  resident, located or to be performed within this state, other than
  54-27  insurance procured through a surplus lines agent pursuant to the
   55-1  surplus lines law of this state shall, within 60 days after the
   55-2  date such insurance was so procured, continued or renewed or before
   55-3  a date prescribed by the comptroller, file a report of the same
   55-4  with the comptroller <State Board of Insurance> in writing and upon
   55-5  forms designated by the comptroller <State Board of Insurance> and
   55-6  furnished to such an insured upon request.  The report shall show
   55-7  the name and address of the insured or insureds, name and address
   55-8  of the insurer, the subject of the insurance, a general description
   55-9  of the coverage, the amount of premium currently charged therefor,
  55-10  and such additional pertinent information as is reasonably
  55-11  requested by the comptroller <State Board of Insurance>.
  55-12        (c)  There is hereby levied upon the obligation, chose in
  55-13  action, or right represented by the premium charged for such
  55-14  insurance, a premium receipts tax of 3.85 percent of gross premiums
  55-15  charged for such insurance.  The term "premium" shall include all
  55-16  premiums, membership fees, assessments, dues and any other
  55-17  consideration for insurance.  Such tax shall be in lieu of all
  55-18  other insurance taxes.  The insured shall, before March 1 next
  55-19  succeeding the calendar year in which the insurance was so
  55-20  procured, continued or renewed or another date prescribed by the
  55-21  comptroller, pay the amount of the tax to the comptroller, on a
  55-22  form prescribed by the comptroller <State Board of Insurance>.  In
  55-23  event of cancellation and rewriting of any such insurance contract
  55-24  the additional premium for premium receipts tax purposes shall be
  55-25  the premium in excess of the unearned premium of the canceled
  55-26  insurance contract.
  55-27        (e)  If the insured fails to withhold from the premium the
   56-1  amount of tax herein levied, the insured shall be liable for the
   56-2  amount thereof and shall pay the same to the comptroller <State
   56-3  Board of Insurance> within the time stated in Paragraph (c).  If
   56-4  the tax prescribed by this subsection is not paid within the time
   56-5  stated in Paragraph (c), Subtitles A and B, Title 2, Tax Code, and
   56-6  their subsequent amendments, apply <the tax shall be increased by a
   56-7  penalty of 25 percent and by the amount of an additional penalty
   56-8  computed at the rate of one percent per month or any part thereof
   56-9  from the date such payment was due to the date paid>.
  56-10        SECTION 3.06.  Section 12A, Article 1.14-1, Insurance Code,
  56-11  is amended to read as follows:
  56-12        Sec. 12A.  Exception in Respect of Filing of Reports of Taxes
  56-13  Due.  As respects corporations, the amount of taxes due and payable
  56-14  to the State of Texas under the provisions or under authority of
  56-15  Section 12 of this Article shall be reported directly to the
  56-16  comptroller <State Board of Insurance> and shall be due when the
  56-17  Franchise Tax Report is due or on another date prescribed by the
  56-18  comptroller, any other provision of this Article to the contrary
  56-19  notwithstanding.  All companies or persons other than corporations
  56-20  filing franchise tax returns shall report to the comptroller on or
  56-21  before the date prescribed by the comptroller <State Board of
  56-22  Insurance>.
  56-23        SECTION 3.07.  Sections 12(a) and (d), Article 1.14-2,
  56-24  Insurance Code, are amended to read as follows:
  56-25        (a)  The premiums charged for surplus lines insurance are
  56-26  subject to a premium receipts tax of 4.85 percent of gross premiums
  56-27  charged for such insurance.  The term premium includes all
   57-1  premiums, membership fees, assessments, dues or any other
   57-2  consideration for insurance.  Such tax shall be in lieu of all
   57-3  other insurance taxes.  The surplus lines agent shall collect from
   57-4  the insured the amount of the tax at the time of delivery of the
   57-5  cover note, certificate of insurance, policy or other initial
   57-6  confirmation of insurance, in addition to the full amount of the
   57-7  gross premium charged by the insurer for the insurance.  No agent
   57-8  shall absorb such tax nor shall any agent, as an inducement for
   57-9  insurance or for any other reason, rebate all or any part of such
  57-10  tax or his commission.  The surplus lines agent shall report<,
  57-11  under oath,> to the comptroller <State Board of Insurance> within
  57-12  30 days from the 1st day of January and July of each year the
  57-13  amount of gross premiums paid for such insurance placed through him
  57-14  in nonlicensed insurers, and shall pay to the comptroller <Board>
  57-15  the tax provided for by this Article.  If a surplus lines policy
  57-16  covers risks or exposures only partially in this state, the tax
  57-17  payable shall be computed on the portions of the premium which are
  57-18  properly allocable to the risks or exposures located in this state.
  57-19  In determining the amount of premiums taxable in this state, all
  57-20  premiums written, procured, or received in this state and all
  57-21  premiums on policies negotiated in this state shall be deemed
  57-22  written on property or risks located or resident in this state,
  57-23  except such premiums as are properly allocated or apportioned and
  57-24  reported as taxable premiums of any other state or states.  In
  57-25  event of cancellation and rewriting of any surplus lines insurance
  57-26  contract the additional premium for premium receipts tax purposes
  57-27  shall be the premium in excess of the unearned premium of the
   58-1  canceled insurance contract.
   58-2        (d)  The Attorney General, upon request of the commissioner
   58-3  <State Board of Insurance>, shall proceed in the courts of this or
   58-4  any other state or in any federal court or agency to recover <such>
   58-5  license fees <or tax> not paid within the time prescribed in this
   58-6  Article <section>.  Notwithstanding the preceding sentence,
   58-7  Subtitles A and  B, Title 2, Tax Code, and their subsequent
   58-8  amendments, apply to a tax collected under this Article.
   58-9        SECTION 3.08.  Sections 8 and 9, Article 1.14-3, Insurance
  58-10  Code, are amended to read as follows:
  58-11        Sec. 8.  Maintenance Tax.  (a)  The commissioner <board>
  58-12  annually shall determine the rate of assessment of a maintenance
  58-13  tax to be paid on an annual, <or> semiannual, or other periodic
  58-14  basis, as determined by the comptroller.  The rate of assessment
  58-15  may <basis and shall collect a maintenance tax in an amount> not
  58-16  <to> exceed one percent of the correctly reported gross premiums on
  58-17  all classes of insurance covered by this article and paid through
  58-18  the exchange.  The comptroller shall collect the maintenance tax.
  58-19        (b)  After taking into account the unexpended funds produced
  58-20  by this tax, if any, the commissioner <board> shall adjust the rate
  58-21  of assessment each year to produce the amount of funds that the
  58-22  commissioner <board> estimates will be necessary to pay all the
  58-23  expenses of regulating all classes of insurance covered by this
  58-24  article during the succeeding year.  In making an estimate under
  58-25  this subsection, the commissioner shall take into account the
  58-26  requirement that the general revenue fund be reimbursed under
  58-27  Article 4.19 of this code and its subsequent amendments.
   59-1        (c)  The collected taxes shall be deposited in the State
   59-2  Treasury to the credit of the general revenue fund to be
   59-3  reallocated to the Texas Department <State Board> of Insurance
   59-4  operating fund and shall be spent as authorized by legislative
   59-5  appropriation <only> on warrants issued by the comptroller <of
   59-6  public accounts> pursuant to duly certified requisitions of the
   59-7  commissioner <board>.  Amounts reallocated to the Texas Department
   59-8  of Insurance operating fund under this subsection may be
   59-9  transferred to the general revenue fund in accordance with Article
  59-10  4.19 of this code and its subsequent amendments.
  59-11        (d)  The commissioner shall advise the comptroller of the
  59-12  applicable rate of assessment no later than the date 45 days prior
  59-13  to the due date of the tax return for the period for which such
  59-14  taxes are due.  If the commissioner has not advised the comptroller
  59-15  of the applicable rate by such date, the applicable rate shall be
  59-16  the rate applied in the previous tax period.  If the commissioner
  59-17  advises the comptroller of the applicable rate of assessment after
  59-18  taxes have been assessed pursuant to this subsection, the
  59-19  comptroller shall:
  59-20              (1)  advise each taxpayer in writing of the amount of
  59-21  any additional taxes due; or
  59-22              (2)  refund any excess taxes paid.
  59-23        Sec. 9.  Application of This Article and Regulations.  This
  59-24  article and regulations promulgated by the commissioner or the
  59-25  comptroller, as applicable, <board> apply to the exchange, its
  59-26  members, and the insurance and reinsurance written through the
  59-27  exchange, except to the extent exempt by regulations of the
   60-1  commissioner or the comptroller, as applicable <board>.  An
   60-2  exemption may not be unfairly discriminatory or detrimental to the
   60-3  solvency of licensed insurers.
   60-4        SECTION 3.09.  Article 1.35B(a), Insurance Code, is amended
   60-5  to read as follows:
   60-6        (a)  To defray the costs of creating, administering, and
   60-7  operating the office of public insurance counsel, the comptroller
   60-8  <board> shall collect the following assessments annually in
   60-9  connection with the collection of other taxes imposed on insurers:
  60-10              (1)  each property and casualty insurer authorized to
  60-11  do business in this state shall pay an annual assessment of 5.7
  60-12  cents for each policy of property and casualty insurance in force
  60-13  at year end in this state;
  60-14              (2)  each insurer shall pay an annual assessment of 3
  60-15  cents for each individual policy, and for each certificate of
  60-16  insurance evidencing coverage under a group policy, of life,
  60-17  health, or accident insurance written for delivery and placed in
  60-18  force with the initial premium thereon paid in full in this state
  60-19  during each calendar year if the insurer is authorized to do
  60-20  business in this state under:
  60-21                    (A)  Chapter 3, 10, 11, 14, 20, 22, 23, or 25 of
  60-22  this code;
  60-23                    (B)  Chapter 113, Acts of the 53rd Legislature,
  60-24  Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
  60-25  Code);
  60-26                    (C)  Section 1, Chapter 417, Acts of the 56th
  60-27  Legislature, Regular Session, 1959 (Article 3.49-2, Vernon's Texas
   61-1  Insurance Code);
   61-2                    (D)  the Texas Employees Uniform Group Insurance
   61-3  Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);
   61-4                    (E)  the Texas State College and University
   61-5  Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
   61-6  Texas Insurance Code);
   61-7                    (F)  Section 1, Chapter 123, Acts of the 60th
   61-8  Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas
   61-9  Insurance Code);
  61-10                    (G)  Section 1, Chapter 387, Acts of the 55th
  61-11  Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
  61-12  Insurance Code);
  61-13                    (H)  Sections 1 to 3A and 4 to 13, Chapter 397,
  61-14  Acts of the 54th Legislature, Regular Session, 1955 (Articles
  61-15  3.70-1 to 3.70-3A and 3.70-4 to 3.70-11, Vernon's Texas Insurance
  61-16  Code); or
  61-17                    (I)  the Texas Health Maintenance Organization
  61-18  Act (Chapter 20A, Vernon's Texas Insurance Code); and
  61-19              (3)  each title insurance company authorized to do
  61-20  business in this state shall pay an annual assessment of 5.7 cents
  61-21  for each owner policy and mortgage policy of title insurance
  61-22  written for delivery in this state during each calendar year and
  61-23  for which the full basic premium is charged.
  61-24        SECTION 3.10.  Articles 4.05 and 4.07, Insurance Code, are
  61-25  amended to read as follows:
  61-26        Art. 4.05.  TAXES TO BE PAID BEFORE CERTIFICATE IS ISSUED.
  61-27  <Upon the receipt of sworn statements showing the gross premium
   62-1  receipts of any insurance organization, the Board of Insurance
   62-2  Commissioners shall certify to the State Treasurer the amount of
   62-3  taxes due by such insurance organization for the preceding year,
   62-4  which taxes shall be paid to the State Treasurer for the use of the
   62-5  State, by such company.  Upon his receipt of such certificate and
   62-6  the payment of such tax, the Treasurer shall execute a receipt
   62-7  therefor, which receipt shall be evidence of the payment of such
   62-8  taxes.>  No <such> life insurance company shall receive a
   62-9  certificate of authority to do business in this State until all
  62-10  <such> taxes imposed under this code or another insurance law of
  62-11  this state are paid.  If, upon the examination of any company, or
  62-12  in any other manner, the commissioner <Board> shall be informed
  62-13  that the gross premium receipts of any year exceed in amount those
  62-14  shown by the report thereof, theretofore made as above provided,
  62-15  the commissioner shall report this fact to the comptroller.  The
  62-16  comptroller shall institute a collection action, as the comptroller
  62-17  considers appropriate in accordance with Subtitles A and B, Title
  62-18  2, Tax Code, and their subsequent amendments, to collect taxes due
  62-19  on unreported gross premium receipts.  The comptroller shall
  62-20  deposit taxes collected under this article to the credit of the
  62-21  general revenue fund <it shall be the duty of such Board to file
  62-22  with the State Treasurer a supplemental certificate showing the
  62-23  additional amount of taxes due by such company, which shall be paid
  62-24  by such company upon notice thereof.  The State Treasurer if,
  62-25  within fifteen (15) days after the receipt by him of any
  62-26  certificate or supplemental certificate provided for by this
  62-27  article, the taxes due as shown thereby have not been paid, shall
   63-1  report the facts to the Attorney General, who shall immediately
   63-2  institute suit in the proper court in Travis County to recover such
   63-3  taxes>.
   63-4        Art. 4.07.  FEES OF TEXAS DEPARTMENT <STATE BOARD> OF
   63-5  INSURANCE.  A.  With respect to all authorized insurers writing
   63-6  classes of insurance in this State <which are covered by Chapter 3
   63-7  of this code>, the Texas Department <State Board> of Insurance
   63-8  shall charge and receive for the use of the State fees in an amount
   63-9  to be determined by the department <Board> not to exceed the
  63-10  following:
  63-11              (1)  <For filing the annual statement, $500.00.>
  63-12              <(2)>  For filing an amendment to a certificate of
  63-13  authority if the charter is not amended, $100.00.
  63-14              (2) <(3)>  For affixing the official seal and
  63-15  certifying to the seal, $20.00.
  63-16              (3) <(4)>  For reservation of name, $200.00.
  63-17              (4) <(5)>  For renewal of reservation of name, $50.00.
  63-18              (5) <(6)>  For filing an application for admission of a
  63-19  foreign or alien company, $4,000.00.
  63-20              (6) <(7)>  For filing an original charter of a company
  63-21  including issuance of a certificate of authority, $3,000.00.
  63-22              (7) <(8)>  For filing an amendment to a charter if a
  63-23  hearing is held, $500.00.
  63-24              (8) <(9)>  For filing an amendment to a charter if a
  63-25  hearing is not held, $250.00.
  63-26              (9) <(10)>  For filing a designation of an attorney for
  63-27  service of process or amendment of the designation, $50.00.
   64-1              (10) <(11)>  For filing a copy of a total reinsurance
   64-2  agreement, $1,500.00.
   64-3              (11) <(12)>  For filing a copy of a partial reinsurance
   64-4  agreement, $300.00.
   64-5              (12) <(13)>  For accepting a security deposit, $200.00.
   64-6              (13) <(14)>  For substitution or amendment of a
   64-7  security deposit, $100.00.
   64-8              (14) <(15)>  For certification of statutory deposits,
   64-9  $20.00.
  64-10              (15) <(16)>  For filing a notice of intent to relocate
  64-11  books and records pursuant to Article 1.28 of this code, $300.00.
  64-12              (16) <(17)>  For filing a statement pursuant to Section
  64-13  5, Article 21.49-1 of this code, for the first $9,900,000.00 of the
  64-14  purchase price or consideration, $1,000.00.
  64-15              (17) <(18)>  For filing a statement pursuant to Section
  64-16  5, Article 21.49-1 of this code, if the purchase price or
  64-17  consideration exceeds $9,900,000.00, an additional $500.00 for each
  64-18  $10,000,000.00 exceeding $9,900,000.00, but not more than
  64-19  $10,000.00 total fee under this subdivision and the preceding
  64-20  subdivision.
  64-21              (18) <(19)>  For filing a registration statement
  64-22  pursuant to Section 3, Article 21.49-1 of this code, $300.00.
  64-23              (19) <(20)>  For filing for review pursuant to Section
  64-24  4, Article 21.49-1 or Article 22.15 of this code, $500.00.
  64-25              (20) <(21)>  For filing of a direct reinsurance
  64-26  agreement pursuant to Article 22.19 of this code, $300.00.
  64-27              (21) <(22)>  For filing for approval of a merger
   65-1  pursuant to Article 21.25 of this code, $1,500.00.
   65-2              (22) <(23)>  For filing for approval of reinsurance
   65-3  pursuant to Article 21.26 of this code, $1,500.00.
   65-4              (23) <(24)>  For filing of restated articles of
   65-5  incorporation for <both> domestic, <and> foreign or alien
   65-6  companies, $500.00.
   65-7              (24) <(25)>  For filing a joint control agreement,
   65-8  $100.00.
   65-9              (25) <(26)>  For filing a substitution or amendment to
  65-10  a joint control agreement, $40.00.
  65-11              (26) <(27)>  For filing a change of attorney in fact,
  65-12  $500.00.
  65-13              <(28)  For valuing policies of life insurance, and for
  65-14  each one million of insurance or fraction thereof, $10.00.>
  65-15        B.  For an authorized insurer writing a class of insurance in
  65-16  this state that is subject to Chapter 3 of this code, the Texas
  65-17  Department  of Insurance shall charge and the comptroller shall
  65-18  collect for the use of the state fees in an amount to be determined
  65-19  by the commissioner not to exceed the following:
  65-20              (1)  For valuing policies of life insurance, and for
  65-21  each one million dollars of insurance or fraction thereof, $10.00.
  65-22              (2)  For filing the annual statement, $500.00.
  65-23        The provisions of Subtitles A and B, Title 2, Tax Code, and
  65-24  their subsequent amendments, apply to fees collected by the
  65-25  comptroller under this section.
  65-26        C.  The department <Board> shall, within the limits fixed by
  65-27  this Article <section>, prescribe the fees to be charged under this
   66-1  Article <section>.
   66-2        D.  Except as provided by Section B of this Article, the
   66-3  <The> insurers subject to the fees imposed by this Article
   66-4  <section> shall include any and all stock and mutual insurance
   66-5  companies, local mutual aid associations, statewide mutual
   66-6  assessment companies, group hospital service plan corporations, and
   66-7  stipulated premium insurance companies.
   66-8        E. <B.>  The Texas Department <State Board> of Insurance
   66-9  shall set and collect a sales charge for making copies of any paper
  66-10  of record in the Texas Department <State Board> of Insurance, such
  66-11  charge to be in an amount deemed sufficient to reimburse the State
  66-12  for the actual expense; provided, however, that the department
  66-13  <State Board of Insurance> may make and distribute copies of papers
  66-14  containing rating information without charge or for such charge as
  66-15  the commissioner <Board> shall deem appropriate to administer the
  66-16  premium rating laws by properly disseminating such rating
  66-17  information; and provided further that Article 5.29, Texas
  66-18  Insurance Code, shall remain in full force and effect without
  66-19  amendment.
  66-20        F. <C.>  All fees collected by virtue of Section A of this
  66-21  Article shall be deposited in the State Treasury to the credit of
  66-22  the Texas Department <State Board> of Insurance operating fund and
  66-23  appropriated to the use and benefit of the department <State Board
  66-24  of Insurance> to be used in the payment of salaries and other
  66-25  expenses arising out of and in connection with the examination of
  66-26  insurance companies and/or the licensing of insurance companies and
  66-27  investigations of violations of the insurance laws of this State in
   67-1  such manner as provided in the general appropriation bill.
   67-2        G.  All fees collected by the comptroller under Section B of
   67-3  this Article shall be deposited in the general revenue fund.  Those
   67-4  amounts are available for appropriation to the Texas Department of
   67-5  Insurance for its use in paying salaries and other expenses arising
   67-6  out of the examination or licensing of insurance companies and
   67-7  investigations of the violations of this code or other insurance
   67-8  laws of this State as provided by the General Appropriations Act.
   67-9        H. <D.>  Notwithstanding any other provision of this article,
  67-10  any insurer to which this article applies and whose gross premium
  67-11  receipts are less than $450,000.00, according to its annual
  67-12  statement for the preceding year ending December 31, shall be
  67-13  required to pay only one-half the amount of the fees required to be
  67-14  paid under this article and as set by the commissioner <State Board
  67-15  of Insurance>.
  67-16        SECTION 3.11.  Sections 1, 6, 11, and 14, Article 4.10,
  67-17  Insurance Code, are amended to read as follows:
  67-18        Sec. 1.  Payment of tax.  Every insurance carrier, including
  67-19  Lloyd's and reciprocal exchanges and any other organization or
  67-20  concern receiving gross premiums from the business of fire, marine,
  67-21  marine inland, accident, credit, livestock, fidelity, guaranty,
  67-22  surety, casualty, workers' compensation, employers' liability, or
  67-23  any other kind or character of insurance, except title insurance
  67-24  and except as provided in Sections 2, 3, and 4 of this article,
  67-25  shall pay to the comptroller <commissioner of insurance> for
  67-26  transmittal to the state treasurer a <an annual> tax upon such
  67-27  gross premium receipts as provided in this article.  Any such
   68-1  insurance carrier doing other kinds of insurance business shall pay
   68-2  the tax levied upon its gross premiums received from such other
   68-3  kinds of business as provided in Articles 4.03 and 4.11 of this
   68-4  code <Article 4769 and Article 7064a, Revised Civil Statutes of
   68-5  Texas, 1925>.
   68-6        Sec. 6.  Time of Filing and Payment.  (a)  A premium tax
   68-7  return for each taxable year ending the 31st day of December
   68-8  preceding shall be filed and the total amount of the tax due under
   68-9  this article shall be paid on or before the 1st day of March of
  68-10  each year.
  68-11        (b)  A semiannual <quarterly> prepayment of premium tax must
  68-12  be made on March 1st and August 1st<, May 15th, August 15th, and
  68-13  November 15th> by all insurers with net tax liability for the
  68-14  previous calendar year in excess of $1,000.  The tax paid on each
  68-15  date must equal one-half <one-fourth> of the total premium tax paid
  68-16  for the previous calendar year.  Should no premium tax have been
  68-17  paid during the previous calendar year, the semiannual <quarterly>
  68-18  payment shall equal the tax which would be owed on the aggregate of
  68-19  the gross premium receipts for <during> the two previous calendar
  68-20  quarters <quarter ending March 31st, June 30th, September 30th, or
  68-21  December 31st> at the minimum tax rate specified by law.  The
  68-22  comptroller <State Board of Insurance> is authorized to certify for
  68-23  refund to the State Treasurer any overpayment of premium taxes that
  68-24  results from the semiannual <quarterly> prepayment system herein
  68-25  established.
  68-26        (c)  The comptroller by rule may change the dates for
  68-27  reporting and payment of taxes to improve operating efficiencies
   69-1  within the agency, so long as a system of semiannual prepayment of
   69-2  taxes imposed by this article is maintained <The State Board of
   69-3  Insurance may establish such rules, regulations, minimum standards,
   69-4  or limitations which are fair and reasonable as may be appropriate
   69-5  for the augmentation and implementation of this article>.
   69-6        Sec. 11.  ANNUAL TAX RETURN.  Each insurance carrier which is
   69-7  liable under this article for tax on premiums shall file a tax
   69-8  return annually<, under oath by two officers of such carrier,> on
   69-9  forms prescribed by the comptroller <State Board of Insurance>.
  69-10        Sec. 14.  No Other Taxes to be Levied or Collected;
  69-11  Exceptions.  No occupational tax shall be levied on insurance
  69-12  carriers or companies herein subjected to this premium receipts tax
  69-13  by any county, city, or town.  The taxes in this article shall
  69-14  constitute all taxes collectible under the laws of Texas against
  69-15  any such insurance carrier, except maintenance taxes specifically
  69-16  levied under the laws of Texas and assessed by the commissioner and
  69-17  administered by the comptroller <State Board of Insurance to
  69-18  support the various activities of the divisions of the State Board
  69-19  of Insurance>.  Farm mutuals, local mutual aid associations and
  69-20  burial associations are not subject to the franchise tax.
  69-21        No other tax shall be levied or collected from any insurance
  69-22  carrier by the state, county, or city or any town, but this law
  69-23  shall not be construed to prohibit the levy and collection of
  69-24  state, county, and municipal taxes upon the real and personal
  69-25  property of such carrier.
  69-26        SECTION 3.12.  Sections 1, 3, 6, 10, and 13, Article 4.11,
  69-27  Insurance Code, are amended to read as follows:
   70-1        Sec. 1.  Insurance Carriers Required to Pay Premium Tax.
   70-2  Every insurance carrier receiving premiums from the business of
   70-3  life insurance, accident insurance, health insurance, life and
   70-4  accident insurance, life and health insurance, health and accident
   70-5  insurance, or life, health, and accident insurance, including
   70-6  variable life insurance, credit life insurance, and credit accident
   70-7  and health insurance for profit or otherwise or for mutual benefit
   70-8  or protection, in this state, shall pay to the comptroller <State
   70-9  Board of Insurance> for transmittal to the state treasurer a <an
  70-10  annual> tax upon its gross premiums as provided in this article.
  70-11        Sec. 3.  Date for Filing Return and Paying Tax.  A premium
  70-12  tax return for each tax year ending the 31st day of December
  70-13  preceding shall be filed and the total amount of the tax due under
  70-14  this article shall be paid on or before either March 1 of each
  70-15  year, <or> the date the annual statement for such carrier is
  70-16  required to be filed with the commissioner, or another date
  70-17  prescribed by the comptroller <State Board of Insurance>.
  70-18        Sec. 6.  Annual Sworn Returns; Forms; Additional Information.
  70-19  Each insurance carrier which is liable under this article for tax
  70-20  on premiums shall file a tax return annually<, under oath by two
  70-21  officers of such carrier,> on forms prescribed by the comptroller
  70-22  <State Board of Insurance>.  The comptroller <commissioner of
  70-23  insurance> may require such carrier to file any relevant additional
  70-24  information reasonably necessary to verify the amount of tax due.
  70-25        Sec. 10.  Failure to Pay Taxes.  Any insurance carrier
  70-26  failing to pay all taxes imposed by this article shall be subject
  70-27  to the provisions of Article 4.05, Insurance Code, and of Subtitles
   71-1  A and B, Title 2, Tax Code, and their subsequent amendments.
   71-2        Sec. 13.  Prepayment of Tax; Rules, Regulations, Standards,
   71-3  Limitations.  (a)  A semiannual <quarterly> prepayment of premium
   71-4  tax must be made on March 1 and August 1<, May 15, August 15, and
   71-5  November 15> by all insurers with net tax liability for the
   71-6  previous calendar year in excess of $1,000.  The tax paid on each
   71-7  date must equal one-half <one-fourth> of the total premium tax paid
   71-8  for the previous calendar year.  Should no premium tax have been
   71-9  paid during the previous calendar year, the semiannual <quarterly>
  71-10  payment shall equal the tax which would be owed on the aggregate of
  71-11  the gross premium receipts for <during> the two previous calendar
  71-12  quarters <quarter ending March 31, June 30, September 30, or
  71-13  December 31> at the minimum tax rate specified by law.  The
  71-14  comptroller <State Board of Insurance> is authorized to certify for
  71-15  refund to the state treasurer any overpayment of premium taxes that
  71-16  results from the semiannual <quarterly> prepayment system herein
  71-17  established.
  71-18        (b)  The comptroller by rule may change the dates for
  71-19  reporting and payment of taxes to improve operating efficiencies
  71-20  within the agency, so long as a system of semiannual prepayment of
  71-21  taxes imposed by this article is maintained  <The State Board of
  71-22  Insurance may establish such rules, regulations, minimum standards,
  71-23  or limitations which are fair and reasonable as may be appropriate
  71-24  for the augmentation and implementation of this article>.
  71-25        SECTION 3.13.  Sections 2, 3, and 4, Article 4.11C, Insurance
  71-26  Code, are amended to read as follows:
  71-27        Sec. 2.  A reciprocal exchange may elect to be subject to the
   72-1  tax imposed under Article 4.10 of this code, or to be subject to
   72-2  the tax imposed under Article 4.11B of this code.  A reciprocal
   72-3  exchange that elects to be taxed under Article 4.10 of this code
   72-4  must file with the comptroller <commissioner of insurance> not
   72-5  later than the 31st day before the day on which the tax year for
   72-6  which the election is to be effective begins a written statement on
   72-7  a form adopted by the comptroller <State Board of Insurance>
   72-8  stating that an election has been made.  If a reciprocal exchange
   72-9  does not file an election as provided by this article or has
  72-10  withdrawn the election, the reciprocal exchange is subject to the
  72-11  tax imposed under Article 4.11B of this code.
  72-12        Sec. 3.  A reciprocal exchange that elects to be taxed under
  72-13  Article 4.10 of this code will continue to be taxed under that
  72-14  article for each tax year until written notice is given to the
  72-15  comptroller <commissioner> that the election to be taxed under that
  72-16  article is withdrawn.  The notice of withdrawal must be filed with
  72-17  the comptroller <commissioner of insurance> not later than the 31st
  72-18  day before the beginning of the tax year for which the withdrawal
  72-19  is to be effective.
  72-20        Sec. 4.  The comptroller <State Board of Insurance> by rule
  72-21  may adopt necessary forms and procedures to carry out this article.
  72-22  The comptroller by rule may change the dates for reporting and
  72-23  payment of taxes to improve operating efficiencies within the
  72-24  agency, so long as a system of semiannual prepayment of taxes
  72-25  imposed by this article is maintained.
  72-26        SECTION 3.14.  Article 4.17, Insurance Code, is amended by
  72-27  amending Subsections (a), (c), (d), and (e) and adding Subsection
   73-1  (g) to read as follows:
   73-2        (a)  The commissioner <State Board of Insurance> shall
   73-3  annually determine the rate of assessment of a maintenance tax to
   73-4  be paid on an annual, <or> semiannual, or other periodic basis, as
   73-5  determined by the comptroller.  The rate of assessment may <basis
   73-6  and collect a maintenance tax in an amount> not <to> exceed .04
   73-7  percent of the correctly reported gross premiums of life, health,
   73-8  and accident insurance coverages and the gross considerations for
   73-9  annuity and endowment contracts collected by all authorized
  73-10  insurers writing life, health, and accident insurance, annuity, or
  73-11  endowment contracts in this state.  The comptroller shall collect
  73-12  the maintenance tax.
  73-13        (c)  The commissioner <State Board of Insurance>, after
  73-14  taking into account the unexpended funds produced by this tax, if
  73-15  any, shall adjust the rate of assessment each year to produce the
  73-16  amount of funds that it estimates will be necessary to pay all the
  73-17  expenses of regulating life, health, and accident insurers during
  73-18  the succeeding year.  In making an estimate under this subsection,
  73-19  the commissioner shall take into account the requirement that the
  73-20  general revenue fund be reimbursed under Article 4.19 of this code.
  73-21        (d)  The taxes collected shall be deposited in the state
  73-22  treasury to the credit of the general revenue fund to be
  73-23  reallocated to the Texas Department <State Board> of Insurance
  73-24  operating fund and shall be spent as authorized by legislative
  73-25  appropriation <only> on warrants issued by the comptroller <of
  73-26  public accounts> pursuant to duly certified requisitions of the
  73-27  commissioner <State Board of Insurance>.  Amounts reallocated to
   74-1  the Texas Department of Insurance operating fund under this
   74-2  subsection may be transferred to the general revenue fund in
   74-3  accordance with Article 4.19 of this code.
   74-4        (e)  The comptroller <State Board of Insurance> may collect
   74-5  the tax assessed under this article on a semiannual or other
   74-6  periodic basis <semiannually> from those insurers whose tax
   74-7  liability under this article for the previous year was $2,000 or
   74-8  more.  <The State Board of Insurance may prescribe and adopt
   74-9  reasonable rules to implement these payments that are not
  74-10  inconsistent with this article.>
  74-11        (g)  The commissioner shall advise the comptroller of the
  74-12  applicable rate of assessment no later than the date 45 days prior
  74-13  to the due date of the tax return for the period for which such
  74-14  taxes are due.  If the commissioner has not advised the comptroller
  74-15  of the applicable rate by such date, the applicable rate shall be
  74-16  the rate applied in the previous tax period.  If the commissioner
  74-17  advises the comptroller of the applicable rate of assessment after
  74-18  taxes have been assessed pursuant to this subsection, the
  74-19  comptroller shall:
  74-20              (1)  advise each taxpayer in writing of the amount of
  74-21  any additional taxes due; or
  74-22              (2)  refund any excess taxes paid.
  74-23        SECTION 3.15.  Chapter 4, Insurance Code, is amended by
  74-24  adding Articles 4.18 and 4.19 to read as follows:
  74-25        Art. 4.18.  TAX ADMINISTRATION FUNCTIONS; COOPERATION BETWEEN
  74-26  DEPARTMENT AND COMPTROLLER.  (a)  The commissioner and the
  74-27  comptroller shall cooperate fully in performing their respective
   75-1  duties under this code and other insurance laws of this state.
   75-2        (b)  The department shall comply with all reasonable requests
   75-3  of the comptroller relating to the sharing of information gathered
   75-4  or compiled in connection with functions carried out under this
   75-5  code or other insurance laws of this state.
   75-6        (c)  The department shall maintain the federal identification
   75-7  number of all entities subject to regulation under this code or
   75-8  another insurance law of this state and shall include the
   75-9  appropriate number in any communication to or information shared
  75-10  with the comptroller.
  75-11        Art. 4.19.  TAX ADMINISTRATION FUNCTIONS; REIMBURSEMENT OF
  75-12  GENERAL REVENUE FUND.  (a)  The department shall reimburse the
  75-13  general revenue fund for the amount of expenses incurred by the
  75-14  comptroller in administering the taxes imposed under this code or
  75-15  another insurance law of this state in accordance with this
  75-16  article.
  75-17        (b)  The comptroller shall certify to the commissioner the
  75-18  total amount of expenses estimated to be required to perform the
  75-19  comptroller's duties under this code or another insurance law of
  75-20  this state for each fiscal biennium.  The comptroller shall provide
  75-21  copies of the certification to the budget division of the
  75-22  governor's office and to the Legislative Budget Board.
  75-23        (c)  The amount certified by the comptroller under Subsection
  75-24  (b) of this article shall be transferred from the Texas Department
  75-25  of Insurance operating fund to the general revenue fund.  It is the
  75-26  intent of the legislature that the money in the department's
  75-27  operating fund that is to be transferred into the general revenue
   76-1  fund under this subsection should reflect the revenues from the
   76-2  various maintenance taxes paid by insurers under this code or other
   76-3  insurance laws of this state.
   76-4        (d)  In setting the maintenance taxes for each fiscal year,
   76-5  the commissioner shall ensure that the amount of the taxes imposed
   76-6  is sufficient to fully  reimburse the general revenue fund for the
   76-7  expenses incurred by the comptroller in administering the taxes
   76-8  imposed under this code and other insurance laws of this state.  If
   76-9  the amount of maintenance taxes collected is insufficient to
  76-10  reimburse the general revenue fund for the expenses incurred by the
  76-11  comptroller in administering the taxes imposed under this code and
  76-12  other insurance laws of this state, other money in the department's
  76-13  operating fund shall be used to reimburse the general revenue fund
  76-14  in accordance with Subsection (b) of this article.
  76-15        SECTION 3.16.  Articles 5.12, 5.24, 5.49, and 5.68, Insurance
  76-16  Code, are amended to read as follows:
  76-17        Art. 5.12.  Maintenance Tax on Gross Premiums.  (a)  The
  76-18  State of Texas by and through the commissioner <State Board of
  76-19  Insurance> shall annually determine the rate of assessment of a
  76-20  maintenance tax to be paid <and collect> on an annual or semiannual
  76-21  basis, as determined by the comptroller.  The rate of assessment
  76-22  may <Board, a maintenance tax in an amount> not <to> exceed
  76-23  one-fifth of one percent of the correctly reported gross motor
  76-24  vehicle insurance premiums of all authorized insurers writing motor
  76-25  vehicle insurance in this state.  The comptroller shall collect the
  76-26  maintenance tax.
  76-27        (b)  The tax required by this article is in addition to all
   77-1  other taxes now imposed or that may be subsequently imposed and
   77-2  that are not in conflict with this article.
   77-3        (c)  The commissioner <State Board of Insurance>, after
   77-4  taking into account the unexpended funds produced by this tax, if
   77-5  any, shall adjust the rate of assessment each year to produce the
   77-6  amount of funds that it estimates will be necessary to pay all the
   77-7  expenses of regulating motor vehicle insurance during the
   77-8  succeeding year.  In making an estimate under this subsection, the
   77-9  commissioner shall take into account the requirement that the
  77-10  general revenue fund be reimbursed under Article 4.19 of this code.
  77-11        (d)  The taxes collected shall be deposited in the State
  77-12  Treasury to the credit of the general revenue fund to be
  77-13  reallocated to the Texas Department <State Board> of Insurance
  77-14  operating fund and shall be spent as authorized by legislative
  77-15  appropriation only on warrants issued by the comptroller <of public
  77-16  accounts> pursuant to duly certified requisitions of the
  77-17  commissioner <State Board of Insurance>.  Amounts reallocated to
  77-18  the Texas Department of Insurance operating fund under this
  77-19  subsection may be transferred to the general revenue fund in
  77-20  accordance with Article 4.19 of this code.
  77-21        (e)  The comptroller <State Board of Insurance> may elect to
  77-22  collect on a semiannual or other periodic basis the tax assessed
  77-23  under this article only from insurers whose tax liability under
  77-24  this article for the previous tax year was $2,000 or more<.  The
  77-25  State Board of Insurance may prescribe and adopt reasonable rules
  77-26  to implement such payments as it deems advisable, not inconsistent
  77-27  with this article>.
   78-1        (f)  The commissioner shall advise the comptroller of the
   78-2  applicable rate of assessment no later than the date 45 days prior
   78-3  to the due date of the tax return for the period for which such
   78-4  taxes are due.  If the commissioner has not advised the comptroller
   78-5  of the applicable rate by such date, the applicable rate shall be
   78-6  the rate applied in the previous tax period.  If the commissioner
   78-7  advises the comptroller of the applicable rate of assessment after
   78-8  taxes have been assessed pursuant to this subsection, the
   78-9  comptroller shall:
  78-10              (1)  advise each taxpayer in writing of the amount of
  78-11  any additional taxes due; or
  78-12              (2)  refund any excess taxes paid.
  78-13        Art. 5.24.  Maintenance Tax on Gross Premiums.  (a)  The
  78-14  State of Texas by and through the commissioner <State Board of
  78-15  Insurance> shall annually determine the rate of assessment of a
  78-16  maintenance tax to be paid <and collect> on an annual or semiannual
  78-17  basis, as determined by the comptroller.   The rate of assessment
  78-18  may <Board, a maintenance tax in an amount> not <to> exceed
  78-19  two-fifths of one percent of the correctly reported gross premiums
  78-20  of all classes of insurance covered by this subchapter of all
  78-21  authorized insurers writing those classes of insurance in this
  78-22  state.  The comptroller shall collect the maintenance tax.
  78-23        (b)  The tax required by this article is in addition to all
  78-24  other taxes now imposed or that may be subsequently imposed and
  78-25  that are not in conflict with this article.
  78-26        (c)  The commissioner <State Board of Insurance>, after
  78-27  taking into account the unexpended funds produced by this tax, if
   79-1  any, shall adjust the rate of assessment each year to produce the
   79-2  amount of funds that it estimates will be necessary to pay all the
   79-3  expenses of regulating all classes of insurance covered by this
   79-4  subchapter during the succeeding year.  In making an estimate under
   79-5  this subsection, the board shall take into account the requirement
   79-6  that the general revenue fund be reimbursed under Article 4.19 of
   79-7  this code.
   79-8        (d)  The taxes collected shall be deposited in the State
   79-9  Treasury to the credit of the general revenue fund to be
  79-10  reallocated to the Texas Department <State Board> of Insurance
  79-11  operating fund and shall be spent as authorized by legislative
  79-12  appropriation <only> on warrants issued by the comptroller <of
  79-13  public accounts> pursuant to duly certified requisitions of the
  79-14  commissioner <State Board of Insurance>.  Amounts reallocated to
  79-15  the Texas Department of Insurance operating fund under this
  79-16  subsection may be transferred to the general revenue fund in
  79-17  accordance with Article 4.19 of this code.
  79-18        (e)  The comptroller <State Board of Insurance> may elect to
  79-19  collect on a semiannual basis the tax assessed under this article
  79-20  only from insurers whose tax liability under this article for the
  79-21  previous tax year was $2,000 or more<.  The State Board of
  79-22  Insurance may prescribe and adopt reasonable rules to implement
  79-23  such payments as it deems advisable, not inconsistent with this
  79-24  article>.
  79-25        (f)  The commissioner shall advise the comptroller of the
  79-26  applicable rate of assessment no later than the date 45 days prior
  79-27  to the due date of the tax return for the period for which such
   80-1  taxes are due.  If the commissioner has not advised the comptroller
   80-2  of the applicable rate by such date, the applicable rate shall be
   80-3  the rate applied in the previous tax period.  If the commissioner
   80-4  advises the comptroller of the applicable rate of assessment after
   80-5  taxes have been assessed pursuant to this subsection, the
   80-6  comptroller shall:
   80-7              (1)  advise each taxpayer in writing of the amount of
   80-8  any additional taxes due; or
   80-9              (2)  refund any excess taxes paid.
  80-10        Art. 5.49.  Maintenance tax on gross premiums.  (a)  The
  80-11  State of Texas by and through the commissioner <State Board of
  80-12  Insurance> shall annually determine the rate of assessment of a
  80-13  maintenance tax to be paid on an annual or semiannual basis, as
  80-14  determined by the comptroller.  The rate of assessment may <Board,
  80-15  and collect a maintenance tax in an amount> not <to> exceed one and
  80-16  one-fourth percent of the correctly reported gross premiums of
  80-17  fire, lightning, tornado, windstorm, hail, smoke or smudge,
  80-18  cyclone, earthquake, volcanic eruption, rain, frost and freeze,
  80-19  weather or climatic conditions, excess or deficiency of moisture,
  80-20  flood, the rising of the waters of the ocean or its tributaries,
  80-21  bombardment, invasion, insurrection, riot, civil war or commotion,
  80-22  military or usurped power, any order of a civil authority made to
  80-23  prevent the spread of a conflagration, epidemic, or catastrophe,
  80-24  vandalism or malicious mischief, strike or lockout, explosion as
  80-25  defined in Article 5.52 of this code, water or other fluid or
  80-26  substance resulting from the breakage or leakage of sprinklers,
  80-27  pumps, or other apparatus erected for extinguishing fires, water
   81-1  pipes, or other conduits or containers insurance coverage collected
   81-2  by all authorized insurers writing those types of insurance in this
   81-3  state.  The comptroller shall collect the maintenance tax.
   81-4        (b)  The tax required by this article is in addition to all
   81-5  other taxes now imposed or that may be subsequently imposed and
   81-6  that are not in conflict with this article.
   81-7        (c)  The commissioner <State Board of Insurance>, after
   81-8  taking into account the unexpended funds produced by this tax, if
   81-9  any, shall adjust the rate of assessment each year to produce the
  81-10  amount of funds that it estimates will be necessary to pay all the
  81-11  expenses of regulating all classes of insurance specified by this
  81-12  subchapter during the succeeding year.  In making an estimate under
  81-13  this subsection, the commissioner shall take into account the
  81-14  requirement that the general revenue fund be reimbursed under
  81-15  Article 4.19 of this code.
  81-16        (d)  The taxes collected shall be deposited in the State
  81-17  Treasury to the credit of the general revenue fund to be
  81-18  reallocated to the Texas Department <State Board> of Insurance
  81-19  operating fund and shall be spent as authorized by legislative
  81-20  appropriation <only> on warrants issued by the comptroller <of
  81-21  public accounts> pursuant to duly certified requisitions of the
  81-22  commissioner <State Board of Insurance>.  Amounts reallocated to
  81-23  the Texas Department of Insurance operating fund under this
  81-24  subsection may be transferred to the general revenue fund in
  81-25  accordance with Article 4.19 of this code.
  81-26        (e)  The comptroller <State Board of Insurance> may elect to
  81-27  collect on a semiannual or other periodic basis the tax assessed
   82-1  under this article only from insurers whose tax liability under
   82-2  this article for the previous tax year was $2,000 or more<.  The
   82-3  State Board of Insurance may prescribe and adopt reasonable rules
   82-4  to implement such payments as it deems advisable, not inconsistent
   82-5  with this article>.
   82-6        (f)  The commissioner shall advise the comptroller of the
   82-7  applicable rate of assessment no later than the date 45 days prior
   82-8  to the due date of the tax return for the period for which such
   82-9  taxes are due.  If the commissioner has not advised the comptroller
  82-10  of the applicable rate by such date, the applicable rate shall be
  82-11  the rate applied in the previous tax period.  If the commissioner
  82-12  advises the comptroller of the applicable rate of assessment after
  82-13  taxes have been assessed pursuant to this subsection, the
  82-14  comptroller shall:
  82-15              (1)  advise each taxpayer in writing of the amount of
  82-16  any additional taxes due; or
  82-17              (2)  refund any excess taxes paid.
  82-18        Art. 5.68.  Maintenance tax on gross premiums.  (a)  The
  82-19  State of Texas by and through the commissioner <State Board of
  82-20  Insurance> shall<, as determined by the Board,> annually determine
  82-21  the rate of assessment of a maintenance tax <and collect> on an
  82-22  annual or semiannual basis.  The comptroller shall collect the
  82-23  maintenance tax<,> from each stock company, mutual company,
  82-24  reciprocal or interinsurance exchange, and Lloyd's association.
  82-25  The rate of assessment may <a maintenance tax in an amount> not
  82-26  <to> exceed three-fifths of one percent of the correctly reported
  82-27  gross workers' compensation insurance premiums of all authorized
   83-1  insurers writing workers' compensation insurance in this state.
   83-2        (b)  For purposes of this article and Section 2.22, Texas
   83-3  Workers' Compensation Act (Article 8308-2.22, Vernon's Texas Civil
   83-4  Statutes), gross workers' compensation insurance premiums include
   83-5  the modified annual premium of a policyholder that purchases a
   83-6  deductible pursuant to Article 5.55C of this code, and the rate of
   83-7  assessment shall be applied to the modified annual premium prior to
   83-8  application of any deductible premium credit.
   83-9        (c)  The tax required by this article is in addition to all
  83-10  other taxes now imposed or that may be subsequently imposed and
  83-11  that are not in conflict with this article.
  83-12        (d)  The commissioner <State Board of Insurance>, after
  83-13  taking into account the unexpended funds produced by this tax, if
  83-14  any, shall adjust the rate of assessment each year to produce the
  83-15  amount of funds that it estimates will be necessary to pay all the
  83-16  expenses of regulating workers' compensation insurance during the
  83-17  succeeding year.  In making an estimate under this subsection, the
  83-18  commissioner shall take into account the requirement that the
  83-19  general revenue fund be reimbursed under Article 4.19 of this code.
  83-20        (e)  The taxes collected shall be deposited in the State
  83-21  Treasury to the credit of the general revenue fund to be
  83-22  reallocated to the Texas Department <State Board> of Insurance
  83-23  operating fund and shall be spent as authorized by legislative
  83-24  appropriation <only> on warrants issued by the comptroller <of
  83-25  public accounts> pursuant to duly certified requisitions of the
  83-26  commissioner <State Board of Insurance>.  Amounts reallocated to
  83-27  the Texas Department of Insurance operating fund under this
   84-1  subsection may be transferred to the general revenue fund in
   84-2  accordance with Article 4.19 of this code.
   84-3        (f)  The comptroller <State Board of Insurance> may elect to
   84-4  collect on a semiannual basis the tax assessed under this article
   84-5  only from insurers whose tax liability under this article for the
   84-6  previous tax year was $2,000 or more<.  The State Board of
   84-7  Insurance may prescribe and adopt reasonable rules to implement
   84-8  such payments as it deems advisable, not inconsistent with this
   84-9  article>.
  84-10        (g)  The commissioner shall advise the comptroller of the
  84-11  applicable rate of assessment no later than the date 45 days prior
  84-12  to the due date of the tax return for the period for which such
  84-13  taxes are due.  If the commissioner has not advised the comptroller
  84-14  of the applicable rate by such date, the applicable rate shall be
  84-15  the rate applied in the previous tax period.  If the commissioner
  84-16  advises the comptroller of the applicable rate of assessment after
  84-17  taxes have been assessed pursuant to this subsection, the
  84-18  comptroller shall:
  84-19              (1)  advise each taxpayer in writing of the amount of
  84-20  any additional taxes due; or
  84-21              (2)  refund any excess taxes paid.
  84-22        SECTION 3.17.  Section 10(b), Article 5.76-5, Insurance Code,
  84-23  is amended to read as follows:
  84-24        (b)  The maintenance tax surcharge shall be set in an amount
  84-25  sufficient to pay all debt service on the bonds.  The maintenance
  84-26  tax surcharge is set by the commissioner <State Board of Insurance>
  84-27  in the same time and shall be collected by the comptroller on
   85-1  behalf of the fund in the same manner as provided under Article
   85-2  5.68 of this code.
   85-3        SECTION 3.18.  Articles 5.91 and 9.46, Insurance Code, are
   85-4  amended to read as follows:
   85-5        Art. 5.91.  Maintenance Tax on Gross Premiums.  (a)  The
   85-6  State of Texas by and through the commissioner <State Board of
   85-7  Insurance> shall annually determine the rate of assessment of a
   85-8  maintenance tax to be paid on an annual or semiannual basis, as
   85-9  determined by the comptroller.  The rate of assessment may <Board,
  85-10  and collect a maintenance tax in an amount> not <to> exceed
  85-11  two-fifths of one percent of the correctly reported gross premiums
  85-12  on all classes of insurance covered by this subchapter of all
  85-13  authorized insurers writing those classes of insurance in this
  85-14  state.  The comptroller shall collect the maintenance tax.
  85-15        (b)  The tax required by this article is in addition to all
  85-16  other taxes now imposed or that may be subsequently imposed and
  85-17  that are not in conflict with this article.
  85-18        (c)  The commissioner <State Board of Insurance>, after
  85-19  taking into account the unexpended funds produced by this tax, if
  85-20  any, shall adjust the rate of assessment each year to produce the
  85-21  amount of funds that it estimates will be necessary to pay all the
  85-22  expenses of regulating all classes of insurance specified by this
  85-23  subchapter during the succeeding year.  In making an estimate under
  85-24  this subsection, the commissioner shall take into account the
  85-25  requirement that the general revenue fund be reimbursed under
  85-26  Article 4.19 of this code.
  85-27        (d)  The taxes collected shall be deposited in the State
   86-1  Treasury to the credit of the general revenue fund to be
   86-2  reallocated to the Texas Department <State Board> of Insurance
   86-3  operating fund and shall be spent as authorized by legislative
   86-4  appropriation <only> on warrants issued by the comptroller <of
   86-5  public accounts> pursuant to duly certified requisitions of the
   86-6  commissioner <State Board of Insurance>.  Amounts reallocated to
   86-7  the Texas Department of Insurance operating fund under this
   86-8  subsection may be transferred to the general revenue fund in
   86-9  accordance with Article 4.19 of this code.
  86-10        (e)  The comptroller <State Board of Insurance> may elect to
  86-11  collect on a semiannual basis the tax assessed under this article
  86-12  only from insurers whose tax liability under this article for the
  86-13  previous tax year was $2,000 or more<.  The State Board of
  86-14  Insurance may prescribe and adopt reasonable rules to implement
  86-15  such payments as it deems advisable, not inconsistent with this
  86-16  article>.
  86-17        (f)  The commissioner shall advise the comptroller of the
  86-18  applicable rate of assessment no later than the date 45 days prior
  86-19  to the due date of the tax return for the period for which such
  86-20  taxes are due.  If the commissioner has not advised the comptroller
  86-21  of the applicable rate by such date, the applicable rate shall be
  86-22  the rate applied in the previous tax period.  If the commissioner
  86-23  advises the comptroller of the applicable rate of assessment after
  86-24  taxes have been assessed pursuant to this subsection, the
  86-25  comptroller shall:
  86-26              (1)  advise each taxpayer in writing of the amount of
  86-27  any additional taxes due; or
   87-1              (2)  refund any excess taxes paid.
   87-2        Art. 9.46.  Maintenance FEE <Tax on Gross Premiums>.  (a)
   87-3  The State of Texas by and through the commissioner <State Board of
   87-4  Insurance> shall annually determine the rate of assessment of a
   87-5  maintenance fee to be paid on an annual, <or> semiannual, or other
   87-6  periodic basis, as determined by the comptroller.  The rate of
   87-7  assessment may <Board, and collect a maintenance tax in an amount>
   87-8  not <to> exceed one percent of the correctly reported gross title
   87-9  insurance premiums of all authorized insurers writing title
  87-10  insurance in this state.  This fee is not a tax and shall be
  87-11  reported and paid separately from premium and retaliatory taxes.
  87-12  The fee is included in the division of premium and may not be
  87-13  separately charged to the title insurance agent.  The comptroller
  87-14  shall collect the maintenance fee.  <The tax required by this
  87-15  article is in addition to all other taxes now imposed or that may
  87-16  be subsequently imposed and that are not in conflict with this
  87-17  article.>
  87-18        (b)  The commissioner <State Board of Insurance>, after
  87-19  taking into account the unexpended funds produced by this fee
  87-20  <tax>, if any, shall adjust the rate of assessment each year to
  87-21  produce the amount of funds that it estimates will be necessary to
  87-22  pay all the expenses of regulating title insurance during the
  87-23  succeeding year.  In making an estimate under this subsection, the
  87-24  commissioner shall take into account the requirement that the
  87-25  general revenue fund be reimbursed under Article 4.19 of this code.
  87-26        (c)  The fees <taxes> collected shall be deposited in the
  87-27  State Treasury to the credit of the general revenue fund to be
   88-1  reallocated to the Texas Department <State Board> of Insurance
   88-2  operating fund and shall be spent as authorized by legislative
   88-3  appropriation <only> on warrants issued by the comptroller <of
   88-4  public accounts> pursuant to duly certified requisitions of the
   88-5  commissioner <State Board of Insurance>.  Amounts reallocated to
   88-6  the Texas Department of Insurance operating fund under this
   88-7  subsection may be transferred to the general revenue fund in
   88-8  accordance with Article 4.19 of this code.
   88-9        (d)  The comptroller <State Board of Insurance> may elect to
  88-10  collect on a semiannual or other periodic basis the fee <tax>
  88-11  assessed under this article only from insurers whose <tax>
  88-12  liability under this article for the previous <tax> year was $2,000
  88-13  or more.  <The State Board of Insurance may prescribe and adopt
  88-14  reasonable rules to implement such payments as it deems advisable,
  88-15  not inconsistent with this article.>
  88-16        (e)  The commissioner shall advise the comptroller of the
  88-17  applicable rate of assessment no later than the date 45 days prior
  88-18  to the due date of the maintenance fee return for the period for
  88-19  which such fees are due.  If the commissioner has not advised the
  88-20  comptroller of the applicable rate by such date, the applicable
  88-21  rate shall be the rate applied in the previous period.  If the
  88-22  commissioner advises the comptroller of the applicable rate of
  88-23  assessment after maintenance fees have been assessed pursuant to
  88-24  this subsection, the comptroller shall:
  88-25              (1)  advise each insurer in writing of the amount of
  88-26  any additional maintenance fees due; or
  88-27              (2)  refund any excess maintenance fees paid.
   89-1        SECTION 3.19.  Sections 1, 3, and 5, Article 9.59, Insurance
   89-2  Code, are amended to read as follows:
   89-3        Sec. 1.  Payment of tax.  Each title insurance company
   89-4  receiving premiums from the business of title insurance shall pay
   89-5  to the comptroller <commissioner of insurance> for transmittal to
   89-6  the state treasurer a <an annual> tax on those premiums as provided
   89-7  in this article.
   89-8        Sec. 3.  Time of filing and payment.  (a)  A premium tax
   89-9  return for each taxable year ending on December 31 of the preceding
  89-10  year shall be filed and the total amount of the tax due under this
  89-11  article shall be paid on or before March 1 of each year or another
  89-12  date prescribed by the comptroller.
  89-13        (b)  A semiannual <quarterly> prepayment of premium tax must
  89-14  be made on March 1 and August 1<, May 15, August 15, and November
  89-15  15> by all insurers with net tax liability for the previous
  89-16  calendar year of more than $1,000.  The tax paid on each date must
  89-17  equal one-half <one-fourth> of the total premium tax paid for the
  89-18  previous calendar year.  If no premium tax has been paid during the
  89-19  previous calendar year, the semiannual <quarterly> payment shall
  89-20  equal the tax that would be owed on the aggregate of the gross
  89-21  premium receipts for <during> the two previous calendar quarters
  89-22  <quarter ending March 31, June 30, September 30, or December 31> at
  89-23  the minimum tax rate specified by law.  The comptroller
  89-24  <commissioner> may certify for refund to the state treasurer any
  89-25  overpayment of premium taxes that results from the semiannual
  89-26  <quarterly> prepayment system established by this subsection.
  89-27        (c)  Without limiting the general authority of the
   90-1  comptroller to adopt rules to promote the efficient administration,
   90-2  collection, enforcement, and reporting of taxes under this code or
   90-3  another insurance law of this state, the commissioner or
   90-4  comptroller, as appropriate, <The State Board of Insurance> may
   90-5  adopt rules, regulations, minimum standards, and limitations that
   90-6  are fair and reasonable as may be appropriate for the augmentation
   90-7  and implementation of this article.
   90-8        Sec. 5.  ANNUAL TAX RETURN.  Each title insurance company
   90-9  that is liable under this article to remit tax on premium shall
  90-10  file a tax return annually<, under oath by two officers of the
  90-11  title insurance company,> on forms prescribed by the comptroller
  90-12  <State Board of Insurance>.
  90-13        SECTION 3.20.  Section 33, Texas Health Maintenance
  90-14  Organization Act (Article 20A.33, Vernon's Texas Insurance Code),
  90-15  is amended by amending Subsection (d) and adding Subsections (e),
  90-16  (f), (g), (h), and (i) to read as follows:
  90-17        (d)  The commissioner <State Board of Insurance> shall
  90-18  annually determine the rate of assessment of <and collect> a per
  90-19  capita maintenance tax to be paid on an annual or semiannual basis,
  90-20  on the correctly reported gross revenues for the issuance of health
  90-21  maintenance certificates or contracts collected by all authorized
  90-22  health maintenance organizations issuing such coverages in this
  90-23  state.  The rate of assessment may <in an amount> not <to> exceed
  90-24  $2 for each enrollee.  The rate of assessment may differ between
  90-25  basic health care plans and single health care service plans and
  90-26  shall equitably reflect any differences in regulatory resources
  90-27  attributable to each type of plan.  The comptroller shall collect
   91-1  the maintenance tax.
   91-2        (e)  The tax required by this section <article> is in
   91-3  addition to all other taxes now imposed or that may be subsequently
   91-4  imposed and that are not in conflict with this section.
   91-5        (f)  The commissioner <State Board of Insurance>, after
   91-6  taking into account the unexpended funds produced by this tax, if
   91-7  any, shall adjust the rate of assessment each year to produce the
   91-8  amount of funds that it estimates will be necessary to pay all the
   91-9  expenses of regulating health maintenance organizations during the
  91-10  succeeding year.  In making an estimate under this subsection, the
  91-11  commissioner shall take into account the requirement that the
  91-12  general revenue fund be reimbursed under Article 4.19, Insurance
  91-13  Code.
  91-14        (g)  The taxes collected shall be deposited in the State
  91-15  Treasury to the credit of the general revenue fund to be
  91-16  reallocated to the Texas Department <State Board> of Insurance
  91-17  operating fund and shall be spent as authorized by legislative
  91-18  appropriation <only> on warrants issued by the comptroller <of
  91-19  public accounts> pursuant to duly certified requisitions of the
  91-20  commissioner <State Board of Insurance>.  Amounts reallocated to
  91-21  the Texas Department of Insurance operating fund under this
  91-22  subsection may be transferred to the general revenue fund in
  91-23  accordance with Article 4.19, Insurance Code.
  91-24        (h)  The comptroller <State Board of Insurance> may collect
  91-25  the tax assessed under this section on a semiannual or other
  91-26  periodic basis <semiannually> from those health maintenance
  91-27  organizations whose tax liability under this section for the
   92-1  previous year was $2,000 or more<.  The State Board of Insurance
   92-2  may prescribe and adopt reasonable rules to implement such payments
   92-3  as it deems advisable, not inconsistent with this section>.
   92-4        (i)  The commissioner shall advise the comptroller of the
   92-5  applicable rate of assessment no later than the date 45 days prior
   92-6  to the due date of the tax return for the period for which such
   92-7  taxes are due.  If the commissioner has not advised the comptroller
   92-8  of the applicable rate by such date, the applicable rate shall be
   92-9  the rate applied in the previous tax period.  If the commissioner
  92-10  advises the comptroller of the applicable rate of assessment after
  92-11  taxes have been assessed pursuant to this subsection, the
  92-12  comptroller shall:
  92-13              (1)  advise each taxpayer in writing of the amount of
  92-14  any additional taxes due; or
  92-15              (2)  refund any excess taxes paid.
  92-16        SECTION 3.21.  Section 21, Article 21.07-6, Insurance Code,
  92-17  is amended by amending Subsections (a), (c), and (d) and adding
  92-18  Subsection (e) to read as follows:
  92-19        (a)  The commissioner <board> annually shall determine the
  92-20  rate of assessment of a maintenance tax to be paid on an annual,
  92-21  <or> semiannual, or other periodic basis, as determined by the
  92-22  comptroller.  The rate of assessment may <and collect a maintenance
  92-23  tax in an amount> not <to> exceed one percent of the correctly
  92-24  reported administrative or service fees of all administrators that
  92-25  are covered by certificates of authority.  The comptroller shall
  92-26  collect the maintenance tax.
  92-27        (c)  The commissioner <board>, after taking into account the
   93-1  unexpended funds produced by this tax, if any, shall adjust the
   93-2  rate of assessment each year to produce the amount of funds that it
   93-3  estimates will be necessary to pay all the expenses of regulating
   93-4  administrators.  In making an estimate under this subsection, the
   93-5  commissioner shall take into account the requirement that the
   93-6  general revenue fund be reimbursed under Article 4.19 of this code.
   93-7        (d)  The taxes collected under this section shall be
   93-8  deposited in the state treasury to the credit of the general
   93-9  revenue fund to be reallocated to the Texas Department <State
  93-10  Board> of Insurance operating fund and shall be spent as authorized
  93-11  by legislative appropriation <only> on warrants issued by the
  93-12  comptroller <of public accounts> pursuant to duly certified
  93-13  requisitions of the commissioner <board>.  Amounts reallocated to
  93-14  the Texas Department of Insurance operating fund under this
  93-15  subsection may be transferred to the general revenue fund in
  93-16  accordance with Article 4.19 of this code.
  93-17        (e)  The commissioner shall advise the comptroller of the
  93-18  applicable rate of assessment no later than the date 45 days prior
  93-19  to the due date of the tax return for the period for which such
  93-20  taxes are due.  If the commissioner has not advised the comptroller
  93-21  of the applicable rate by such date, the applicable rate shall be
  93-22  the rate applied in the previous tax period.  If the commissioner
  93-23  advises the comptroller of the applicable rate of assessment after
  93-24  taxes have been assessed pursuant to this subsection, the
  93-25  comptroller shall:
  93-26              (1)  advise each taxpayer in writing of the amount of
  93-27  any additional taxes due; or
   94-1              (2)  refund any excess taxes paid.
   94-2        SECTION 3.22.  Sections 4(e) and (f), Article 21.54,
   94-3  Insurance Code, are amended to read as follows:
   94-4        (e)  A filing fee not to exceed $500 as established by
   94-5  commissioner <board> regulation may be imposed for the filing of
   94-6  the financial statement under Subdivision (1) of Subsection (d) of
   94-7  this section.  Fees collected for filing the statement shall be
   94-8  deposited in the State Treasury to the credit of the general
   94-9  revenue fund to be reallocated to the Texas Department <State
  94-10  Board> of Insurance operating fund.
  94-11        (f)  Such risk retention group shall be liable for the
  94-12  payment of premium and maintenance taxes and taxes on premiums of
  94-13  direct business for risks located within this state and shall
  94-14  report to the commissioner of this state the net premiums written
  94-15  for risks located within this state.  Such risk retention group
  94-16  shall be subject to taxation, and any applicable fines and
  94-17  penalties related thereto, on the same basis as a foreign admitted
  94-18  insurer pursuant to Chapters 4 and 5 of this code.  Groups shall
  94-19  provide to the comptroller all information the comptroller may
  94-20  request in connection with  the reporting, collection, enforcement,
  94-21  and administration of taxes due under this article and of the fee
  94-22  imposed under Subsection (e) of this section.
  94-23        SECTION 3.23.  Chapter 23, Insurance Code, is amended by
  94-24  amending Article 23.08 and adding Article 23.08A to read as
  94-25  follows:
  94-26        Art. 23.08.  FEES <AND TAXES>.  <(a)>  The commissioner
  94-27  <State Board of Insurance> shall charge a fee determined by the
   95-1  commissioner <Board> in an amount not to exceed $400 for filing the
   95-2  annual statement of each corporation operating under this chapter;
   95-3  an application fee determined by the commissioner <Board> in an
   95-4  amount not to exceed $3,000 for each corporation applying under
   95-5  this chapter which includes the fee for the issuance of a
   95-6  certificate of authority; and a fee determined by the commissioner
   95-7  <Board> in an amount not to exceed $100 for the issuance of each
   95-8  additional certificate of authority and amendment of a certificate
   95-9  of authority to the corporation.  The commissioner <Board> shall,
  95-10  within the limits fixed by this article <subsection>, prescribe the
  95-11  fees to be charged under this article <subsection>.  The fees
  95-12  collected by the commissioner <Board> under this article
  95-13  <subsection> shall be deposited in the State Treasury to the credit
  95-14  of the Texas Department <State Board> of Insurance operating fund,
  95-15  and Article 1.31A of this code applies to fees collected under this
  95-16  article <subsection>.
  95-17        Art. 23.08A.  MAINTENANCE TAX.  (a) <(b)>  The State of Texas
  95-18  by and through the commissioner <State Board of Insurance> shall
  95-19  annually determine the rate of assessment of a maintenance tax to
  95-20  be paid <and collect as determined by the Board,> on an annual or
  95-21  semiannual basis.  The rate of assessment may<, a maintenance tax
  95-22  in an amount> not <to> exceed one percent of the correctly reported
  95-23  gross revenues received by all corporations issuing prepaid legal
  95-24  services contracts in this state.  The comptroller shall collect
  95-25  the maintenance tax.
  95-26        (b)  The tax required by this article is in addition to all
  95-27  other taxes now imposed or that may be subsequently imposed and
   96-1  that are not in conflict with this article.
   96-2        (c)  The commissioner <State Board of Insurance>, after
   96-3  taking into account the unexpended funds produced by this tax, if
   96-4  any, shall adjust the rate of assessment each year to produce the
   96-5  amount of funds that it estimates will be necessary to pay all the
   96-6  expenses of regulating nonprofit legal services corporations during
   96-7  the succeeding year.  In making an estimate under this subsection,
   96-8  the commissioner shall take into account the requirement that the
   96-9  general revenue fund be reimbursed under Article 4.19 of this code.
  96-10        (d)  The taxes collected shall be deposited in the State
  96-11  Treasury to the credit of the general revenue fund to be
  96-12  reallocated to the Texas Department <State Board> of Insurance
  96-13  operating fund and shall be spent as authorized by legislative
  96-14  appropriation <only> on warrants issued by the comptroller <of
  96-15  public accounts> pursuant to duly certified requisitions of the
  96-16  commissioner <State Board of Insurance>.  Amounts reallocated to
  96-17  the Texas Department of Insurance operating fund under this
  96-18  subsection may be transferred to the general revenue fund in
  96-19  accordance with Article 4.19 of this code.
  96-20        (e)  Article 1.31A of this code applies to taxes collected
  96-21  under this article <section>.
  96-22        (f)  The comptroller <State Board of Insurance> may elect to
  96-23  collect on a semiannual basis the tax assessed under this article
  96-24  only from insurers whose tax liability under this article for the
  96-25  previous tax year was $2,000 or more.  The comptroller <State Board
  96-26  of Insurance> may prescribe and adopt reasonable rules to implement
  96-27  such payments as it deems advisable, not inconsistent with this
   97-1  article.
   97-2        (g)  The commissioner shall advise the comptroller of the
   97-3  applicable rate of assessment no later than the date 45 days prior
   97-4  to the due date of the tax return for the period for which such
   97-5  taxes are due.  If the commissioner has not advised the comptroller
   97-6  of the applicable rate by such date, the applicable rate shall be
   97-7  the rate applied in the previous tax period.  If the commissioner
   97-8  advises the comptroller of the applicable rate of assessment after
   97-9  taxes have been assessed pursuant to this subsection, the
  97-10  comptroller shall:
  97-11              (1)  advise each taxpayer in writing of the amount of
  97-12  any additional taxes due; or
  97-13              (2)  refund any excess taxes paid.
  97-14        SECTION 3.24.  Section 2.21, Texas Workers' Compensation Act
  97-15  (Article 8308-2.21, Vernon's Texas Civil Statutes), is amended to
  97-16  read as follows:
  97-17        Sec. 2.21.  Commission funding.  Unless otherwise provided,
  97-18  all proceeds, including administrative penalties and advance
  97-19  deposits for purchase of services, collected under this Act shall
  97-20  be deposited in the General Revenue Fund of the state treasury to
  97-21  the credit of the commission.  The funds may be spent as authorized
  97-22  by legislative appropriation on warrants issued by the comptroller
  97-23  <of public accounts> under requisitions made by the commission.
  97-24  Proceeds deposited in the General Revenue Fund under this section
  97-25  may be used to satisfy the requirements of Article 4.19, Insurance
  97-26  Code.
  97-27        SECTION 3.25.  Section 2.23(a), Texas Workers' Compensation
   98-1  Act (Article 8308-2.23, Vernon's Texas Civil Statutes), is amended
   98-2  to read as follows:
   98-3        (a)  The commission shall set and certify to the comptroller
   98-4  <State Board of Insurance> the rate of assessment no later than
   98-5  October 31 of each year, taking into account the following factors:
   98-6              (1)  expenditures projected as necessary for the
   98-7  commission to administer this Act during the fiscal year for which
   98-8  the rate of assessment is set and to reimburse the general revenue
   98-9  fund in accordance with Article 4.19, Insurance Code;
  98-10              (2)  projected employee benefits paid from general
  98-11  revenues;
  98-12              (3)  surpluses or deficits produced by this tax in the
  98-13  preceding year; and
  98-14              (4)  revenue recovered from other sources, including
  98-15  reappropriated receipts, grants, payments, fees, gifts, and
  98-16  penalties recovered under this Act.
  98-17        SECTION 3.26.  Section 11.09(c), Texas Workers' Compensation
  98-18  Act (Article 8308-11.09, Vernon's Texas Civil Statutes), is amended
  98-19  to read as follows:
  98-20        (c)  Amounts received under this section shall be deposited
  98-21  in the state treasury to the credit of a special fund to be used
  98-22  for the operation of the research center and to reimburse the
  98-23  general revenue fund in accordance with Article 4.19, Insurance
  98-24  Code.
  98-25        SECTION 3.27.  Section 101.003, Tax Code, is amended by
  98-26  amending Subdivisions (8) and (11) and adding Subdivision (12) to
  98-27  read as follows:
   99-1              (8)  "Taxpayer" means a person liable for a tax, fee,
   99-2  assessment, or other amount imposed by law administered by the
   99-3  comptroller <this title>.
   99-4              (11)  "Report" means a tax return, declaration,
   99-5  statement, or other document required to be filed with the
   99-6  comptroller <by a provision of this title>.
   99-7              (12)  "Obligation" means the duty of a person to pay a
   99-8  tax, fee, assessment, or other amount or to make, file, or keep a
   99-9  report, certificate, affidavit, or other document.
  99-10        SECTION 3.28.  Subchapter A, Chapter 111, Tax Code, is
  99-11  amended by adding Section 111.0022 to read as follows:
  99-12        Sec. 111.0022.  APPLICATION TO OTHER PROGRAMS.  This subtitle
  99-13  and Subtitle A apply to the administration of other programs or
  99-14  functions assigned to the comptroller by law.
  99-15        SECTION 3.29.  The following laws are repealed:
  99-16              (1)  Section 12(f), Article 1.14-1, Insurance Code;
  99-17              (2)  Sections 12 and 16, Article 4.10, Insurance Code;
  99-18              (3)  Sections 7 and 11, Article 4.11, Insurance Code;
  99-19              (4)  Articles 4.13, 4.14, 4.15, and 4.16, Insurance
  99-20  Code;
  99-21              (5)  Sections 6 and 10, Article 9.59, Insurance Code;
  99-22  and
  99-23              (6)  Section 33(b), Texas Health Maintenance
  99-24  Organization Act (Article 20A.33, Vernon's Texas Insurance Code).
  99-25        SECTION 3.30.  (a)  The State Board of Insurance, the
  99-26  Commissioner of Insurance, and the Texas Department of Insurance
  99-27  shall transfer and the comptroller shall assume the duties assigned
  100-1  to the comptroller under Article 1.04D, Insurance Code, as added by
  100-2  this Act, on September 1, 1993.  In assuming these duties, the
  100-3  comptroller shall assume responsibility for the collection,
  100-4  reporting, enforcement, and administration of any tax, assessment,
  100-5  or fee owing on or before September 1, 1993, to the extent such
  100-6  responsibility is transferred to the comptroller under this article
  100-7  and for the payment of any refund owing on or before September 1,
  100-8  1993, without regard to whether the law on which the tax,
  100-9  assessment, fee, or refund was based has been repealed on or before
 100-10  that date.
 100-11        (b)  The comptroller may modify procedures that had been used
 100-12  by the State Board of Insurance or the Texas Department of
 100-13  Insurance in performing the functions that are transferred to the
 100-14  comptroller under this article to increase efficiency and cost
 100-15  effectiveness.
 100-16        (c)  Rules of the Texas Department of Insurance that are in
 100-17  effect on September 1, 1993, and that relate to the functions
 100-18  transferred to the comptroller under this article remain in effect
 100-19  until repealed or amended by the comptroller.
 100-20        SECTION 3.31.  (a)  To assist the comptroller of public
 100-21  accounts in implementing the reporting, collection, enforcement,
 100-22  and administration functions with respect to insurance taxes and
 100-23  selected fees as described in this article, there is hereby
 100-24  appropriated to the comptroller of public accounts from the general
 100-25  revenue fund the sums of $1,570,432 for the fiscal year ending
 100-26  August 31, 1994, and $1,042,138 for the fiscal year ending August
 100-27  31, 1995.  Any unexpended balances remaining as of August 31, 1994
  101-1  are hereby reappropriated for the fiscal year ending August 31,
  101-2  1995.  The comptroller may transfer the sum appropriated into the
  101-3  comptroller's operating fund No. 062 and into the appropriate
  101-4  program appropriations identified in the General Appropriations
  101-5  Act.
  101-6        (b)  The transfer required by this article includes all
  101-7  duties and obligations of any kind, except as otherwise
  101-8  specifically provided, relating to the reporting, collection,
  101-9  enforcement, and administration of all taxes and of selected fees
 101-10  and assessments as set forth in the Insurance Code, and includes
 101-11  all assets, liabilities, real or personal property, personnel,
 101-12  furniture, computers, and other equipment, files, and related
 101-13  materials used by the State Board of Insurance, the commissioner,
 101-14  or the department to perform the aspects and functions transferred
 101-15  by this article.
 101-16        SECTION 3.32.  The change in law made by this article to
 101-17  Section 6(b), Article 4.10, Insurance Code, Section 13, Article
 101-18  4.11, Insurance Code, and Section 3(b), Article 9.59, Insurance
 101-19  Code, relating to the dates for prepayment of tax, apply only to
 101-20  the prepayment of premium taxes beginning with prepayments that
 101-21  become due after March 1, 1994.  The dates for prepayment of
 101-22  premium taxes under those articles before March 1, 1994, are
 101-23  governed by the law as it existed before the effective date of this
 101-24  article and that law is continued in effect for that purpose.
 101-25            ARTICLE 4.  APPEAL OF DECISIONS OF COMMISSIONER
 101-26        SECTION 4.01.  Section 4, Article 1.15, Insurance Code, is
 101-27  amended to read as follows:
  102-1        Sec. 4.  Any rule, regulation, order, decision or finding of
  102-2  the Board under this Act shall be subject to <full> review in
  102-3  accordance with Article 1.04 of this code <any suit filed by any
  102-4  interested party in any District Court of the State of Texas in
  102-5  Travis County, Texas, and not elsewhere>.  The filing of such suit
  102-6  shall operate as a stay of any such rule, regulation, order,
  102-7  decision or finding of the Board until the court directs otherwise.
  102-8  <The court may review all the facts, shall hear, try and determine
  102-9  said suit de novo as other civil cases in said court; and in
 102-10  disposing of the issues before it, may modify, affirm, or reverse
 102-11  the action of the Board in whole or in part.>
 102-12        SECTION 4.02.  Section 8(A)(4), Article 3.53, Insurance Code,
 102-13  is amended to read as follows:
 102-14              (4)  Any person aggrieved by the action of the board in
 102-15  the setting of a presumptive rate or any other action taken with
 102-16  regard to the setting of such presumptive rate may within 30 days
 102-17  from the date the board took the action complained of appeal in
 102-18  accordance with Article 1.04 of this code<, file a suit in a
 102-19  district court of Travis County to review the action.  Such cases
 102-20  shall be tried de novo in the district court and shall be governed
 102-21  by the same rules of procedure and evidence as in other civil cases
 102-22  in such courts.  The court may enter an order setting aside or
 102-23  affirming the action of the board>.
 102-24        SECTION 4.03.  Article 5.26(g), Insurance Code, is amended to
 102-25  read as follows:
 102-26        (g)  The Board may call a public hearing on any application
 102-27  for permission to file a deviation or a hearing on a permitted
  103-1  deviation and shall call a hearing upon the request of any
  103-2  aggrieved policyholder of the company filing the deviation made
  103-3  within thirty (30) days after the granting or denying of any
  103-4  deviation.  The Board shall give reasonable notice of such hearings
  103-5  and shall hear witnesses respecting such matters.  Any applicant
  103-6  dissatisfied with any order of the Board made without a hearing
  103-7  under this Article may within thirty (30) days after entry of such
  103-8  order make written request of the Board for a hearing thereon.  The
  103-9  Board shall hear such applicant within twenty (20) days after
 103-10  receiving such request and shall give not less than ten (10) days
 103-11  written notice of the time and place of the hearing.  Within
 103-12  fifteen (15) days after such hearing the Board shall affirm,
 103-13  reverse or modify by order its previous action, specifying in such
 103-14  order its reasons therefor.  Any applicant who may be dissatisfied
 103-15  with any order of the Board respecting its application may appeal
 103-16  in accordance with Article 1.04 of this code.  <to the District
 103-17  Court of Travis County, Texas, and not elsewhere, by filing a
 103-18  petition within thirty (30) days after the rendition or entry of
 103-19  such order setting forth its grounds of objection thereto, in which
 103-20  said action the appealing applicant shall be plaintiff and the
 103-21  Board shall be defendant.  The action shall not be limited to
 103-22  questions of law and the substantial evidence rule shall not apply,
 103-23  but such action shall be tried and determined upon a trial de novo
 103-24  to the same extent as now provided in the case of an appeal from
 103-25  the Justice Court to the County Court.>  The judgment of the
 103-26  District Court shall be appealable as in any other civil case.
 103-27  Such action shall have precedence over other civil cases on the
  104-1  dockets of the appellate courts.  Should the Board terminate or
  104-2  refuse to renew a permitted deviation or refuse permission for
  104-3  filing of a deviation under subdivision (f) hereof, then such
  104-4  deviation shall remain in effect during the course of any hearing
  104-5  thereon and thirty (30) days thereafter, and during the course of
  104-6  any appeal taken from such order and until final judgment of the
  104-7  courts.  <The Board shall not be required to give any appeal or
  104-8  supersedeas bond in any cause arising hereunder.   All hearings
  104-9  before the Board and appeals to the District Courts under this
 104-10  Article shall be governed exclusively by this Article.>
 104-11        SECTION 4.04.  Article 9.33, Insurance Code, is amended to
 104-12  read as follows:
 104-13        Art. 9.33.  To Cancel License; Appeals by Companies.  (a)
 104-14  The terms and provisions of this Act are conditions upon which
 104-15  corporations doing the business provided for in this Act may
 104-16  continue to exist, and failure to comply with any of them or a
 104-17  violation of any of the terms of this Act shall be proper cause for
 104-18  revocation of the permit and forfeiture of charter of a domestic
 104-19  corporation or the permit of a foreign corporation.
 104-20        (b)  Any company qualified or seeking to qualify under this
 104-21  Act, feeling aggrieved by any action of the Board, especially, but
 104-22  not limited to, any action against such company, shall have the
 104-23  right to file a suit in the District Court of Travis County, within
 104-24  thirty (30) days after the Board has made its order or ruling;
 104-25  provided, however, that if the order or ruling is directed against
 104-26  such company, whether or not directed against other companies, such
 104-27  company shall have thirty (30) days after receipt of official
  105-1  notice of such ruling from the Board to review such action of the
  105-2  Board.  Such cases shall be subject to the same standard of review
  105-3  as other appeals under this code in accordance with Article 1.04 of
  105-4  this code <tried de novo in such District Court in accordance with
  105-5  the provisions of Article 21.44 of the Insurance Code and shall be
  105-6  governed by the same rules of pleading, including rights of
  105-7  amendments thereof, evidence, and procedure as are applicable to
  105-8  other civil cases in the original jurisdiction of a District
  105-9  Court>.
 105-10        SECTION 4.05.  Article 14.06, Insurance Code, is amended to
 105-11  read as follows:
 105-12        Art. 14.06.  Refusal of Certificate or Permit.  (a)  No such
 105-13  corporation shall continue to operate in this State if the Board
 105-14  has notified it in writing of the refusal of the Board to issue it
 105-15  a certificate and permit.  But any such corporation may within
 105-16  sixty (60) days after receiving such notice file a suit <in any
 105-17  district court of Travis County, Texas,> to review the said action
 105-18  of the Board in accordance with Article 1.04 of this code <and may
 105-19  by trial de novo have all necessary relief both in law and equity
 105-20  to enforce its rights under this chapter>.
 105-21        (b)  Nothing in this chapter shall be construed to validate
 105-22  or otherwise sanction any unlawful act of any such corporation,
 105-23  except when such unlawful act may have been construed to be
 105-24  unlawful simply by reason of the fact that the law under which said
 105-25  corporation was created has since been repealed or amended so as to
 105-26  omit therefrom such corporations as are described in this chapter.
 105-27        SECTION 4.06.  Section 6(b), Article 21.21-2, Insurance Code,
  106-1  is amended to read as follows:
  106-2        (b)  Any insurer affected by a ruling or order of the board
  106-3  pursuant to the provisions of this Act may appeal same by filing
  106-4  suit <in any of the district courts of Travis County, Texas,>
  106-5  within 20 days from the date of the order of said board.  Such
  106-6  appeal shall be governed by Article 1.04 of this code <by trial de
  106-7  novo>.  Reasonable attorneys' fees shall be awarded the board if
  106-8  judicial action is necessary for the enforcement of its orders.
  106-9        SECTION 4.07.  Section 7, Article 21.28-A, Insurance Code, is
 106-10  amended to read as follows:
 106-11        Sec. 7.  Review and Stay of Action.  During the period of
 106-12  supervision and during the period of conservatorship, the insurance
 106-13  company may request the Commissioner of Insurance or in his
 106-14  absence, the duly appointed deputy for such purpose, to review an
 106-15  action taken or proposed to be taken by the supervisor or
 106-16  conservator, specifying wherein the action complained of is
 106-17  believed not to be in the best interests of the insurance company,
 106-18  and such request shall stay the action specified pending review of
 106-19  such action by the Commissioner or his duly appointed deputy.  Any
 106-20  order entered by the Commissioner appointing a supervisor and
 106-21  providing that the insurance company shall not do certain acts as
 106-22  provided in Section 4 of this Article, any order entered by the
 106-23  Commissioner appointing a conservator, and any order by the
 106-24  Commissioner following the review of an action of the supervisor or
 106-25  conservator as hereinabove provided may be appealed under Article
 106-26  1.04 of this code <shall be immediately reviewed by the State Board
 106-27  of Insurance upon the filing of an appeal by the insurance company.
  107-1  The Board shall review the action complained of in a public hearing
  107-2  and render its decision at the earliest possible date thereafter,
  107-3  and the requirement of ten (10) days notice set out in Article
  107-4  1.04(d) of this Code may be waived by the parties of record.  The
  107-5  Board may stay the effectiveness of any order of the Commissioner,
  107-6  pending its review of such order.  Such appeal shall have
  107-7  precedence over all other business of a different nature pending
  107-8  before the Board, and in the public hearing any and all evidence
  107-9  and matters pertaining to the appeal may be submitted to the Board,
 107-10  whether included in the appeal or not, and the Board shall make
 107-11  such other rules and regulations with regard to such applications
 107-12  and their consideration as it deems advisable.  If such insurance
 107-13  company be dissatisfied with any decision, regulation, order, rule,
 107-14  act or administrative ruling adopted by the State Board of
 107-15  Insurance, such dissatisfied insurance company after failing to get
 107-16  relief from the State Board of Insurance, may initiate an action by
 107-17  filing a petition setting forth the particular objection to such
 107-18  decision, regulation, order, rule, act or administrative ruling, or
 107-19  to either or all of them, in the District Court of Travis County,
 107-20  Texas, and not elsewhere, against the State Board of Insurance as
 107-21  defendant.  Notwithstanding any other statute or rule of procedure,
 107-22  the filing of a petition for the purpose of initiating such an
 107-23  action with respect to this article does not stay or vacate the
 107-24  decision, regulation, order, rule, act, or administrative ruling or
 107-25  either or all of them unless the court that acquires jurisdiction,
 107-26  after hearing and by order, specifically stays or vacates the
 107-27  decision, regulation, order, rule, act, or administrative ruling
  108-1  that is the subject of the action.  The action shall not be limited
  108-2  to questions of law and the substantial evidence rule shall not
  108-3  apply, except as interpretation of the Constitution may require,
  108-4  but such action shall be tried and determined upon a trial de novo
  108-5  to the same extent as now provided for in the case of an appeal
  108-6  from the Justice Court to the County Court>.  Either party to said
  108-7  action may appeal to the Appellate Court having jurisdiction of
  108-8  said cause and said appeal shall be at once returnable to said
  108-9  Appellate Court having jurisdiction of said cause and said action
 108-10  so appealed shall have precedence in said Appellate Court over all
 108-11  causes of a different character therein pending.  <The Board shall
 108-12  not be required to give any appeal bond in any cause arising
 108-13  hereunder.>
 108-14        SECTION 4.08.  The change in law made by this article and
 108-15  made by this Act to Article 9.07, Insurance Code, Article 9.37,
 108-16  Insurance Code, Section 5, Article 9.44, Insurance Code, and
 108-17  Section 8(e), Article 9.56, Insurance Code, that relate to the
 108-18  standard for judicial review of a ruling, action, order, decision,
 108-19  or other act of the commissioner of insurance or the state board of
 108-20  insurance applies only to judicial review of a ruling, action,
 108-21  order, decision, or other act made or committed on or after the
 108-22  effective date of this Act.  Judicial review of a ruling, action,
 108-23  order, decision, or other act made or committed before the
 108-24  effective date of this Act is governed by the law in effect
 108-25  immediately before the effective date of this Act, and that law is
 108-26  continued in effect for that purpose.
 108-27                 ARTICLE 5.  ADMINISTRATIVE PENALTIES
  109-1        SECTION 5.01.  Chapter 1, Insurance Code, is amended by
  109-2  adding Article 1.10E to read as follows:
  109-3        Art. 1.10E.  ADMINISTRATIVE PENALTIES
  109-4        Sec. 1.  DEFINITIONS.  In this article:
  109-5              (1)  "Person" means an individual, corporation, trust,
  109-6  partnership, association, or any other legal entity.
  109-7              (2)  "Administrative penalty" means any monetary
  109-8  penalty which may be imposed under this article by the
  109-9  commissioner.
 109-10        Sec. 2.  PENALTY AUTHORIZED.  On written notification of a
 109-11  specific violation, the commissioner may impose an administrative
 109-12  penalty against a person licensed or regulated under this code or
 109-13  another insurance law of this state who violates this code, another
 109-14  insurance law of this state, or a rule or order adopted under this
 109-15  code or another insurance law of this state.
 109-16        Sec. 3.  AMOUNT OF PENALTY.  (a)  The penalty for a violation
 109-17  may be in an amount not to exceed $25,000, unless a greater or
 109-18  lesser penalty is specified by a provision of this code or another
 109-19  insurance law of this state.
 109-20        (b)  The amount of the penalty shall be based on:
 109-21              (1)  the seriousness of the violation, including the
 109-22  nature, circumstances, extent, and gravity of any prohibited acts,
 109-23  and the hazard or potential hazard created to the health, safety,
 109-24  or economic welfare of the public;
 109-25              (2)  the economic harm to the public's interests or
 109-26  confidences caused by the violation;
 109-27              (3)  the history of previous violations;
  110-1              (4)  the amount necessary to deter future violations;
  110-2              (5)  efforts to correct the violation;
  110-3              (6)  whether the violation was intentional or
  110-4  unintentional; and
  110-5              (7)  any other matter that justice may require.
  110-6        Sec. 4.  PROCEDURES FOR ASSESSING PENALTY; HEARING.  (a)  If
  110-7  the department determines that a violation has occurred, the
  110-8  department may issue to the commissioner a report that states the
  110-9  facts on which the determination is based and the department's
 110-10  recommendation on the imposition of a penalty, including a
 110-11  recommendation on the amount of the penalty.
 110-12        (b)  Within 14 days after the date the report is issued, the
 110-13  department shall give written notice of the report to the person.
 110-14  The notice may be given by certified mail.  The notice must include
 110-15  a brief summary of the alleged violation and a statement of the
 110-16  amount of the recommended penalty and must inform the person that
 110-17  the person has a right to a hearing on the occurrence of the
 110-18  violation, the amount of the penalty, or both the occurrence of the
 110-19  violation and the amount of the penalty.
 110-20        (c)  Within 20 days after the date the person receives the
 110-21  notice, the person in writing may accept the determination and
 110-22  recommended penalty of the department or may make a written request
 110-23  for a hearing on the occurrence of the violation, the amount of the
 110-24  penalty, or both the occurrence of the violation and the amount of
 110-25  the penalty.
 110-26        (d)  If the person accepts the determination and recommended
 110-27  penalty of the department, the commissioner by order shall approve
  111-1  the determination and impose the recommended penalty.
  111-2        (e)  If the person requests a hearing or fails to respond
  111-3  timely to the notice, the department shall set a hearing and give
  111-4  notice of the hearing to the person.  The hearing shall be held by
  111-5  an administrative law judge of the State Office of Administrative
  111-6  Hearings.  The administrative law judge shall make findings of fact
  111-7  and conclusions of law and promptly issue to the commissioner a
  111-8  proposal for a decision about the occurrence of the violation and
  111-9  the amount of a proposed penalty.  Based on the findings of fact,
 111-10  conclusions of law, and proposal for decision, the commissioner by
 111-11  order may find that a violation has occurred and impose a penalty
 111-12  or may find that no violation occurred.
 111-13        (f)  The notice of the commissioner's order given to the
 111-14  person under the Administrative Procedure and Texas Register Act
 111-15  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
 111-16  subsequent amendments must include a statement of the right of the
 111-17  person to judicial review of the order.
 111-18        (g)  Within 30 days after the date the commissioner's order
 111-19  is final as provided by Section 16(c), Administrative Procedure and
 111-20  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
 111-21  Statutes), and its subsequent amendments, the person shall:
 111-22              (1)  pay the amount of the penalty;
 111-23              (2)  pay the amount of the penalty and file a petition
 111-24  for judicial review contesting the occurrence of the violation, the
 111-25  amount of the penalty, or both; or
 111-26              (3)  without paying the amount of the penalty, file a
 111-27  petition for judicial review contesting the occurrence of the
  112-1  violation, the amount of the penalty, or both the occurrence of the
  112-2  violation and the amount of the penalty.
  112-3        (h)  Within the 30-day period, a person who acts under
  112-4  Subsection (g)(3) of this section may:
  112-5              (1)  stay enforcement of the penalty by:
  112-6                    (A)  paying the amount of the penalty to the
  112-7  court for placement in an escrow account; or
  112-8                    (B)  giving the court a supersedeas bond that is
  112-9  approved by the court for the amount of the penalty and that is
 112-10  effective until all judicial review of the board's order is final;
 112-11  or
 112-12              (2)  request the court to stay enforcement of the
 112-13  penalty by:
 112-14                    (A)  filing with the court a sworn affidavit of
 112-15  the person stating that the person is financially unable to pay the
 112-16  amount of the penalty and is financially unable to give the
 112-17  supersedeas bond; and
 112-18                    (B)  giving a copy of the affidavit to the
 112-19  commissioner by certified mail.
 112-20        (i)  If the commissioner receives a copy of an affidavit
 112-21  under Subsection (h)(2) of this section, the commissioner may file
 112-22  with the court, within five days after the date the copy is
 112-23  received, a contest to the affidavit.  The court shall hold a
 112-24  hearing on the facts alleged in the affidavit as soon as
 112-25  practicable and shall stay the enforcement of the penalty on
 112-26  finding that the alleged facts are true.  The person who files an
 112-27  affidavit has the burden of proving that the person is financially
  113-1  unable to pay the amount of the penalty and to give a supersedeas
  113-2  bond.
  113-3        (j)  If the person does not pay the amount of the penalty and
  113-4  the enforcement of the penalty is not stayed, the commissioner may
  113-5  refer the matter to the attorney general for collection of the
  113-6  amount of the penalty.
  113-7        Sec. 5.  JUDICIAL REVIEW.  (a)  Judicial review of the order
  113-8  of the commissioner:
  113-9              (1)  is instituted by filing a petition as provided by
 113-10  Section 19, Administrative Procedure and Texas Register Act
 113-11  (Article 6252-13a, Vernon's Texas Civil Statutes); and
 113-12              (2)  is under the substantial evidence rule.
 113-13        (b)  If the court sustains the occurrence of the violation,
 113-14  the court may uphold or reduce the amount of the penalty and order
 113-15  the person to pay the full or reduced amount of the penalty.  If
 113-16  the court does not sustain the occurrence of the violation, the
 113-17  court shall order that no penalty is owed.
 113-18        (c)  When the judgment of the court becomes final, the court
 113-19  shall proceed under this subsection.  If the person paid the amount
 113-20  of the penalty and if that amount is reduced or is not upheld by
 113-21  the court, the court shall order that the appropriate amount plus
 113-22  accrued interest be remitted to the person.  The rate of the
 113-23  interest is the rate charged on loans to depository institutions by
 113-24  the New York Federal Reserve Bank, and the interest shall be paid
 113-25  for the period beginning on the date the penalty was paid and
 113-26  ending on the date the penalty is remitted.  If the person gave a
 113-27  supersedeas bond and if the amount of the penalty is not upheld by
  114-1  the court, the court shall order the release of the bond.  If the
  114-2  person gave a supersedeas bond and if the amount of the penalty is
  114-3  reduced, the court shall order the release of the bond after the
  114-4  person pays the amount.
  114-5        Sec. 6.  DEPOSIT TO GENERAL REVENUE FUND.  A penalty
  114-6  collected under this section shall be remitted to the comptroller
  114-7  for deposit in the general revenue fund.
  114-8        Sec. 7.  APPLICATION OF ADMINISTRATIVE PROCEDURE AND TEXAS
  114-9  REGISTER ACT.  All proceedings under this section are subject to
 114-10  the Administrative Procedure and Texas Register Act (Article
 114-11  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
 114-12  amendments.
 114-13        Sec. 8.  APPLICATION TO OTHER LAWS.  This article applies to
 114-14  any monetary penalty imposed by the department or commissioner
 114-15  under this code or another insurance law of this state.
 114-16        SECTION 5.02.  Section 17A, Article 1.14-2, Insurance Code,
 114-17  is amended to read as follows:
 114-18        Sec. 17A.  Administrative penalty.  <(a)>  If a surplus lines
 114-19  agent violates Section 8 of this article or a rule, regulation, or
 114-20  order adopted under that provision, the State Board of Insurance
 114-21  may assess an administrative <a> penalty against that agent as
 114-22  provided by Article 1.10E of this code <Section 7, Article 1.10, of
 114-23  this code.>
 114-24        <(b)  In determining the amount of the penalty, the State
 114-25  Board of Insurance shall consider:>
 114-26              <(1)  the nature, circumstances, extent, and gravity of
 114-27  the violation;>
  115-1              <(2)  any economic benefit gained through the
  115-2  violation;>
  115-3              <(3)  the amount necessary to deter future violations;
  115-4  and>
  115-5              <(4)  any other matters that justice may require>.
  115-6        SECTION 5.03.  Section 19, Managing General Agents' Licensing
  115-7  Act (Article 21.07-3, Vernon's Texas Insurance Code), is amended to
  115-8  read as follows:
  115-9        Sec. 19.  Violations of act.  Any person, firm, or
 115-10  corporation who violates any of the provisions of this Act or any
 115-11  rule, regulation, or order adopted under this Act shall be subject
 115-12  to sanctions under Section 7, Article 1.10, Insurance Code.  <In
 115-13  determining the amount of any penalty, the State Board of Insurance
 115-14  shall consider:>
 115-15              <(1)  the nature, circumstances, extent, and gravity of
 115-16  the violation;>
 115-17              <(2)  any economic benefit gained through the
 115-18  violation;>
 115-19              <(3)  the amount necessary to deter future violations;
 115-20  and>
 115-21              <(4)  any other matters that justice may require.>
 115-22        SECTION 5.04.  Article 21.11-1, Insurance Code, is amended by
 115-23  amending Section 6 and adding Section 7 to read as follows:
 115-24        Sec. 6.  If it is found, after notice and an opportunity to
 115-25  be heard as determined by the board, that an insurance company has
 115-26  violated this article, the insurance company shall be subject to an
 115-27  administrative <a civil> penalty under Article 1.10E of this code
  116-1  of not less than $1,000 nor more than $10,000<, and it shall be
  116-2  subject to a civil suit by the agent for damages suffered because
  116-3  of the premature termination of the contract by the company>.
  116-4        Sec. 7.  Any agent who has sustained actual damages as a
  116-5  result of a company's violation of this article may maintain an
  116-6  action against the company, without regard to whether or not there
  116-7  has been a finding by the board that there has been a violation of
  116-8  this article.
  116-9        SECTION 5.05.  Sections 7(c) and (d), Article 21.21,
 116-10  Insurance Code, are amended to read as follows:
 116-11        (c)  Any person who violates the terms of a cease and desist
 116-12  order under this section is subject to an administrative penalty
 116-13  under Article 1.10E of this code.  An administrative penalty
 116-14  assessed under this subsection may not exceed $1,000 for each
 116-15  violation and a total of $5,000 for all violations <shall be given
 116-16  notice to appear and show cause, at a hearing to be held in
 116-17  conformity with Section 6 of this Article, why he should not
 116-18  forfeit and pay to the state a civil penalty of not more than
 116-19  $1,000 per violation and not to exceed a total of $5,000>.  In
 116-20  determining whether or not a cease and desist order has been
 116-21  violated, the Board shall take into consideration the maintenance
 116-22  of procedures reasonably adapted to insure compliance with the
 116-23  order.
 116-24        (d)  An order of the Board awarding an administrative penalty
 116-25  <civil penalties> under Subsection (c) of this section applies only
 116-26  to violations of this order incurred prior to the awarding of the
 116-27  penalty order.
  117-1        SECTION 5.06.  Section 5(k), Article 21.49-1, Insurance Code,
  117-2  is amended to read as follows:
  117-3        (k)  Additional Violations.  Each director or officer of an
  117-4  insurance company subject to this article, or of an insurance
  117-5  holding company system subject to this article, who knowingly and
  117-6  wilfully violates, participates in, or assents to or who knowingly
  117-7  and wilfully permits any of the officers, agents, or employees of
  117-8  the insurer or holding company system to engage in transactions or
  117-9  make investments that have not been properly reported or submitted
 117-10  under this article or that knowingly and wilfully violate this
 117-11  article is subject to an administrative penalty under Article 1.10E
 117-12  of this code<, shall pay, in the person's individual capacity, a
 117-13  civil penalty> of not more than $10,000 for each violation<, after
 117-14  notice and an opportunity for hearing before the commissioner.  In
 117-15  determining the amount of the civil penalty, the commissioner shall
 117-16  consider the appropriateness of the penalty with respect to the
 117-17  gravity of the violation, the history of previous violations, and
 117-18  any other matters that justice requires>.
 117-19        SECTION 5.07.  Section 17(a), Article 21.49-3b, Insurance
 117-20  Code, is amended to read as follows:
 117-21        (a)  An association that violates this article or any rule or
 117-22  order adopted under this article is subject to sanctions under
 117-23  Section 7, Article 1.10 of this code.  <In determining the amount
 117-24  of any penalty, the board shall consider:>
 117-25              <(1)  the nature, circumstances, extent, and gravity of
 117-26  the violation;>
 117-27              <(2)  any economic benefit gained through the
  118-1  violation;>
  118-2              <(3)  the amount necessary to deter future violations;
  118-3  and>
  118-4              <(4)  any other matters that justice may require.>
  118-5        SECTION 5.08.  This article applies only to the assessment of
  118-6  an administrative penalty on or after September 1, 1993.
  118-7  Assessment of an administrative penalty before September 1, 1993,
  118-8  is governed by the law in effect immediately before the effective
  118-9  date of this Act, and that law is continued in effect for this
 118-10  purpose.
 118-11              ARTICLE 6.  RATE AND POLICY FORM REGULATION
 118-12        SECTION 6.01.  Chapter 5, Insurance Code, is amended by
 118-13  adding Subchapter N to read as follows:
 118-14         SUBCHAPTER N.  STREAMLINED PROCEDURES FOR RATEMAKING
 118-15        Art. 5.121.  STUDY AND IMPLEMENTATION.  The department shall
 118-16  study and the commissioner may adopt and implement procedures for
 118-17  streamlining insurance rate proceedings under this chapter, this
 118-18  code, and other insurance laws of this state.  The procedures must
 118-19  ensure due process to all affected parties.
 118-20        SECTION 6.02.  Chapter 1, Insurance Code, is amended by
 118-21  adding Article 1.50 to read as follows:
 118-22        Art. 1.50.  SELECT COMMITTEE ON RATE AND POLICY FORM
 118-23  REGULATION
 118-24        Sec. 1.  DEFINITION.  In this article, "committee" means the
 118-25  select committee on rate and policy form regulation established
 118-26  under this article.
 118-27        Sec. 2.  COMPOSITION OF COMMITTEE.  (a)  The select committee
  119-1  on rate and policy form regulation is composed of:
  119-2              (1)  three members, appointed by the governor;
  119-3              (2)  three members of the senate, appointed by the
  119-4  lieutenant governor; and
  119-5              (3)  three members of the house of representatives,
  119-6  appointed by the speaker of the house of representatives.
  119-7        (b)  The governor shall designate a member of the committee
  119-8  to serve as presiding officer of the committee.
  119-9        Sec. 3.  PURPOSE; DUTIES; MEETINGS.  (a)  The committee shall
 119-10  study insurance rate and policy form regulation in this state.  The
 119-11  committee shall assess:
 119-12              (1)  the effects of changes made by the 72nd
 119-13  Legislature in insurance regulation to identify whether the purpose
 119-14  of the department should be further changed from insurance rate and
 119-15  policy form regulation and directed to:
 119-16                    (A)  regulation of the financial conditions of
 119-17  companies and market conduct; and
 119-18                    (B)  provision of consumer services;
 119-19              (2)  the degree of competition in the insurance
 119-20  industry in this state; and
 119-21              (3)  the availability of motor vehicle insurance, the
 119-22  number of uninsured drivers, and the number of drivers insured
 119-23  through the Texas Automobile Insurance Plan Association, on a
 119-24  geographic area basis, to assess if certain geographic areas of the
 119-25  state are underserved.
 119-26        (b)  The committee shall meet monthly or as needed to carry
 119-27  out its duties under this section.
  120-1        (c)  The committee may appoint subcommittees, task groups, or
  120-2  advisory groups to assist it in its work.  Members of these groups
  120-3  are not required to be members of the committee.
  120-4        Sec. 4.  REPORT.  (a)  Not later than December 1, 1994, the
  120-5  committee shall issue a report of its findings.  The committee
  120-6  shall file copies of the report with the Legislative Reference
  120-7  Library, the governor's office, the secretary of the senate, the
  120-8  chief clerk of the house of representatives, the department, and
  120-9  the office of public insurance counsel.  The department shall make
 120-10  copies of the report available to the public at cost.
 120-11        (b)  The report shall include recommended rule or statutory
 120-12  changes to implement the committee's recommendations.
 120-13        Sec. 5.  STAFF.  On request of the committee, the Texas
 120-14  Legislative Council, governor's office, senate, and house of
 120-15  representatives shall provide staff as necessary to carry out the
 120-16  duties of the committee.
 120-17        Sec. 6.  WITNESSES; PROCESS.  The committee may issue a
 120-18  subpoena or other process to a witness at any place in this state,
 120-19  compel the attendance of the witness, and compel the production of
 120-20  a book, record, document, or instrument that the committee
 120-21  requires.  If necessary to obtain compliance with a subpoena or
 120-22  other process, the committee may issue a writ of attachment.  A
 120-23  subpoena or other process issued by the committee may be addressed
 120-24  to and served by any peace officer of this state or a political
 120-25  subdivision of this state.  The presiding officer shall issue, in
 120-26  the name of the committee, a subpoena or other process as the
 120-27  committee directs.  If the presiding officer is absent, the
  121-1  assistant presiding officer or a designee of the presiding officer
  121-2  may issue a subpoena or other process in the same manner as the
  121-3  presiding officer.  A witness attending proceedings of the
  121-4  committee under process is entitled to the same mileage and per
  121-5  diem payments as a witness before a grand jury in this state.  The
  121-6  testimony given at any hearing conducted under this article shall
  121-7  be given under oath subject to the penalties of perjury.
  121-8        Sec. 7.  COOPERATION OF OTHER AGENCIES.  If necessary to the
  121-9  discharge of its duties, the committee may request the assistance
 121-10  of a state agency, department, or office.  The agency, department,
 121-11  or office shall provide the requested assistance.
 121-12        Sec. 8.  EXPENSES.  The operating expenses of the committee
 121-13  shall be paid from available funds of the Texas Department of
 121-14  Insurance operating fund.  A member of the committee appointed
 121-15  under Section 2(a)(1) of this article is entitled to reimbursement
 121-16  from those funds for expenses incurred in carrying out official
 121-17  duties as a member of the committee at the rate specified in the
 121-18  General Appropriations Act.  Other members of the committee are not
 121-19  entitled to reimbursement for their expenses.
 121-20        Sec. 9.  PROGRESS REPORT.  Not later than December 1, 1996,
 121-21  the department shall issue a report on the department's progress in
 121-22  implementing recommendations for rule changes made by the committee
 121-23  and in implementing any changes in law made by the 74th Legislature
 121-24  in response to the recommendations of the committee.
 121-25        Sec. 10.  COMMITTEE ABOLISHED; EXPIRATION OF ARTICLE.  (a)
 121-26  The committee is abolished on December 31, 1994.
 121-27        (b)  This article expires January 1, 1997.
  122-1        SECTION 6.03.  Chapter 3, Insurance Code, is amended by
  122-2  adding Subchapter H to read as follows:
  122-3                     SUBCHAPTER H.  RATE REPORTING
  122-4        Art. 3.90.  HEALTH INSURER REPORTING.  (a)  This article
  122-5  applies to any insurance company, group hospital service
  122-6  corporation, or health maintenance organization that issues:
  122-7              (1)  an individual, group, blanket, or franchise
  122-8  insurance policy, or an insurance agreement, a group hospital
  122-9  service contract, or an evidence of coverage, that provides
 122-10  benefits for medical or surgical expenses incurred as a result of
 122-11  an accident or sickness; or
 122-12              (2)  a long-term care insurance policy, as that term is
 122-13  defined by Section 2, Article 3.70-12, of this code and its
 122-14  subsequent amendments.
 122-15        (b)  Each insurer subject to this article shall submit to the
 122-16  department information required by the department relating to the
 122-17  insurer's loss experience, overhead, and operating expenses.  The
 122-18  department may also request information about characteristics of
 122-19  persons insured by the insurer, including information on age,
 122-20  gender, health status, job classifications, and geographic
 122-21  distribution.
 122-22        (c)  The commissioner shall adopt rules governing the
 122-23  submission of information under this article.  The rules may not
 122-24  require an insurer to submit the information more than annually.
 122-25        SECTION 6.04.  Section 3(c), Article 5.101, Insurance Code,
 122-26  is amended to read as follows:
 122-27        (c)  Each initial flexibility band is based on a benchmark
  123-1  rate promulgated by the board.  On or before January 1, 1992, and
  123-2  annually thereafter, the board shall conduct hearings to determine
  123-3  the benchmark rates and flexibility bands by line.  The
  123-4  determination of the rate shall not include disallowed expenses
  123-5  under Subsection (h) of this section.  An insurer, the public
  123-6  insurance counsel, and any other interested person may present
  123-7  testimony at the hearing and may file information for consideration
  123-8  by the board.  An advisory organization which collects ratemaking
  123-9  data shall not be a party to the hearing.  A trade association that
 123-10  does not collect historical data and that does not provide
 123-11  statistical plans, prospective loss costs, or supplementary rating
 123-12  information to its members may, on behalf of its members that are
 123-13  small or medium-sized insurers, as defined by the commissioner,
 123-14  present rate making data and make recommendations to the board at
 123-15  the hearing.  There is no immunity from antitrust liability for a
 123-16  trade association that presents rate making data or makes
 123-17  recommendations to the board at the hearing.  The definition of
 123-18  "small and medium-sized insurers" shall be a limitation upon the
 123-19  scope of the presentation to be made by a trade association, but
 123-20  may not limit the participation of a trade association because its
 123-21  membership includes other sized insurers.  An insurer shall use
 123-22  that benchmark rate and the flexibility band to develop rates used
 123-23  for the line for the year following the setting of the benchmark
 123-24  rate and the flexibility band.
 123-25        SECTION 6.05.  Article 1.09-5(c), Insurance Code, is amended
 123-26  to read as follows:
 123-27        (c)  An employee of the department may appear before the
  124-1  board or its designated hearings officer only as follows:
  124-2              (1)  a member of the department's legal staff may
  124-3  assist the board or its designated hearings officer in the
  124-4  prehearing process and in aligning parties to board proceedings;
  124-5              (2)  one or more employees of the department may appear
  124-6  as a party, present evidence, and question witnesses in a
  124-7  proceeding in which the public counsel under Section 5(b)(1),
  124-8  Article 1.35A<(h)(1)> of this code is not authorized by law to
  124-9  appear;
 124-10              (3)  an employee responsible for collecting and
 124-11  compiling rate data may appear and present evidence relating to the
 124-12  validity of the compiled data and a licensed attorney employed as
 124-13  part of the legal staff of the department may assist such employee
 124-14  in making the presentation;
 124-15              (4)  one or more employees of the department may
 124-16  present evidence in any rate filing case under Article 5.13-2,
 124-17  5.15, 5.55, or 5.81 of this code;
 124-18              (5) <(4)>  the general counsel or an assistant general
 124-19  counsel may assist the board in any proceeding in which insurance
 124-20  rates are set; and
 124-21              (6) <(5)>  the general counsel or an assistant general
 124-22  counsel may be designated by the board and may serve as a hearings
 124-23  officer in any proceeding in which insurance rates are set or any
 124-24  prehearing proceeding provided that any final decision relating to
 124-25  rates to be set must be set by the board.
 124-26        SECTION 6.06.  Article 3.42, Insurance Code, is amended by
 124-27  adding Section (k) to read as follows:
  125-1        (k)  The department shall develop and implement rules to
  125-2  improve procedures for approval of policy forms under this article.
  125-3        SECTION 6.07.  Sections 1 and 2, Article 5.13-2, Insurance
  125-4  Code, are amended to read as follows:
  125-5        Sec. 1.  Purpose<; expiration date>.  (a)  This article
  125-6  governs the regulation of general liability, <lines and> commercial
  125-7  property, all commercial casualty, and medical professional
  125-8  liability insurance rates and forms.  It does not govern
  125-9  automobile, <lines insurance rates and forms, other than> fidelity,
 125-10  surety, or guaranty bonds.  The purposes of this article are to:
 125-11              (1)  promote the public welfare by regulating insurance
 125-12  rates to prohibit excessive, inadequate, or unfairly discriminatory
 125-13  rates;
 125-14              (2)  promote availability of insurance;
 125-15              (3)  promote price competition among insurers to
 125-16  provide rates and premiums that are responsive to competitive
 125-17  market conditions;
 125-18              (4)  prohibit price-fixing agreements and other
 125-19  anticompetitive behavior by insurers;
 125-20              (5)  regulate the insurance forms used for lines of
 125-21  insurance subject to this article to ensure that they are not
 125-22  unjust, unfair, inequitable, misleading, or deceptive; and
 125-23              (6)  provide regulatory procedures for the maintenance
 125-24  of appropriate information reporting systems.
 125-25        (b)  This article expires December 31, 1995.
 125-26        Sec. 2.  SCOPE.  This article applies to all lines of general
 125-27  liability, <or> commercial property, all commercial casualty, and
  126-1  medical professional liability insurance written under policies or
  126-2  contracts of insurance issued by a licensed insurer, other than a
  126-3  fidelity, surety, or guaranty bond or an automobile insurance
  126-4  policy.
  126-5        SECTION 6.08.  Sections 3(5) and (6), Article 5.13-2,
  126-6  Insurance Code, are amended to read as follows:
  126-7              (5)  "Supplementary rating information" means any
  126-8  manual, rating schedule, plan of rules, rating rules,
  126-9  classification systems, territory codes and descriptions, rating
 126-10  plans, and other similar information used by the insurer <required
 126-11  by the board> to determine the applicable premium for an insured.
 126-12  The term includes factors and relativities, such as increased
 126-13  limits factors, classification relativities, deductible
 126-14  relativities, premium discount, and <or> other similar factors and
 126-15  rating plans such as experience, schedule, and retrospective
 126-16  rating.
 126-17              (6)  "Supporting information" means:
 126-18                    (A)  the experience and judgment of the filer and
 126-19  the experience or information of other insurers or advisory
 126-20  organizations relied on by the filer;
 126-21                    (B)  the interpretation of any other information
 126-22  relied on by the filer;
 126-23                    (C)  descriptions of methods used in making the
 126-24  rates; and
 126-25                    (D)  any other information required by the
 126-26  department <board> to be filed.
 126-27        SECTION 6.09.  Sections 5, 7, 8, and 9, Article 5.13-2,
  127-1  Insurance Code, are amended to read as follows:
  127-2        Sec. 5.  Rate filings; legislative report.  (a)  Each insurer
  127-3  shall file with the commissioner <board> all rates, supplementary
  127-4  rating information, and reasonable and pertinent supporting
  127-5  information for risks written in this state.
  127-6        (b)  If the commissioner <board> determines after a hearing
  127-7  that an insurer's rates require supervision because of the
  127-8  insurer's financial condition or the insurer's rating practices,
  127-9  the commissioner <board> may require the insurer to file with the
 127-10  commissioner <board> all rates, supplementary rate information, and
 127-11  any supporting information prescribed by the commissioner <board>.
 127-12        (c)  An insured that is aggrieved with respect to any filing
 127-13  in effect, or the public insurance counsel, may make a written
 127-14  application to the commissioner <board> for a hearing on the
 127-15  filing.  The application must specify the grounds on which the
 127-16  applicant bases the grievance.  If the commissioner <board> finds
 127-17  that the application is made in good faith, that the applicant
 127-18  would be so aggrieved if the grounds in the application are
 127-19  established, and that those grounds otherwise justify holding the
 127-20  hearing, the commissioner <board> shall hold a hearing not later
 127-21  than the 30th day after the date of receipt of the application.
 127-22  The commissioner <board> must give at least 10 days' written notice
 127-23  to the applicant and to each insurer that made the filing in
 127-24  question.
 127-25        (d)  If, after the hearing, the commissioner <board> finds
 127-26  that the filing does not meet the requirements of this article, the
 127-27  commissioner <board> shall issue an order specifying how the filing
  128-1  fails to meet the requirements of this article and stating the date
  128-2  on which, within a reasonable period after the order date, the
  128-3  filing is no longer in effect.  The commissioner <board> shall send
  128-4  copies of the order to the applicant and to each affected insurer.
  128-5        (e)  The commissioner <board> shall require each insurer
  128-6  subject to this article to file information with the commissioner
  128-7  <board> on a quarterly basis.  Each insurer shall provide the
  128-8  commissioner <board> with information relating to changes in
  128-9  losses, premiums, and market share since January 1, 1993.  The
 128-10  commissioner <board> shall report to the governor, lieutenant
 128-11  governor, and speaker of the house of representatives on a
 128-12  quarterly basis, relating to the information provided by the
 128-13  insurers' reports and to market conduct, especially consumer
 128-14  complaints.
 128-15        Sec. 7.  Disapproval.  (a)  The commissioner <board> shall
 128-16  disapprove a rate if the commissioner <board> determines that the
 128-17  rate filing made under this article does not meet the standards
 128-18  established under that section.
 128-19        (b)  If the commissioner <board> disapproves a filing, the
 128-20  commissioner <board> shall issue an order specifying in what
 128-21  respects the filing fails to meet the requirements of this article.
 128-22  The filer is entitled to a hearing on written request made to the
 128-23  commissioner <board> not later than the 30th day after the
 128-24  effective date of the disapproval order.
 128-25        (c)  If the commissioner <board> disapproves a rate that is
 128-26  in effect, the commissioner <board> may issue a disapproval order
 128-27  only after a hearing held after at least 20 days' written notice to
  129-1  the insurer that made the filing.  The disapproval order must be
  129-2  issued not later than the 15th day after the close of the hearing
  129-3  and must specify how the rate fails to meet the requirements of
  129-4  this article.  The disapproval order must state the date on which
  129-5  the further use of that rate is prohibited.  The commissioner
  129-6  <board> shall set the date not earlier than the 45th day after the
  129-7  date on which the hearing closes.
  129-8        Sec. 8.  Forms.  (a)  An insurance policy or printed
  129-9  endorsement form for use in writing the types of insurance subject
 129-10  to this article may not be delivered or issued for delivery in this
 129-11  state unless the form has been filed with and approved by the
 129-12  commissioner <board>.
 129-13        (b)  Each filing shall be made not later than the 60th day
 129-14  before the date of any use or delivery for use.  At the expiration
 129-15  of the 60-day period a filed form is approved unless, before the
 129-16  expiration of the 60 days, the commissioner <board> approves or
 129-17  disapproves the form by order.  Approval of a form by the
 129-18  commissioner <board> constitutes a waiver of any unexpired portion
 129-19  of the 60-day period.  The commissioner <board> may extend by not
 129-20  more than an additional 10 <60> days the period during which it may
 129-21  approve or disapprove a form by giving notice to the filer of the
 129-22  extension before the expiration of the initial period.  At the
 129-23  expiration of any extension and in the absence of any earlier
 129-24  approval or disapproval, the form shall be considered approved.
 129-25  For good cause shown, the commissioner <board> may withdraw the
 129-26  commissioner's <its> approval at any time after notice and a
 129-27  hearing.
  130-1        (c)  A commissioner's  <An> order <of the board> disapproving
  130-2  any form or any notice of the commissioner's <board's> intention to
  130-3  withdraw a previous approval must state the grounds for the
  130-4  disapproval in enough detail to reasonably inform the filer of the
  130-5  grounds.  An order of withdrawal of a previously approved form
  130-6  takes effect on the expiration of the prescribed period, but not
  130-7  sooner than the 30th day after the effective date of the withdrawal
  130-8  order, as prescribed by the commissioner <board>.
  130-9        (d)  An insurer may not use in this state any form after
 130-10  disapproval of the form or withdrawal of approval by the
 130-11  commissioner <board>.
 130-12        (e)  The commissioner <board> may promulgate standard
 130-13  insurance policy forms, endorsements, and other related forms that
 130-14  may be used, at the discretion of the insurer, by an insurer
 130-15  instead of the insurer's own forms in writing insurance subject to
 130-16  this article.  Forms submitted by insurers for approval under this
 130-17  section must provide coverage equivalent to that provided in the
 130-18  policy forms used for these lines of coverage on the effective date
 130-19  of this article.  An endorsement may not reduce coverage provided
 130-20  under the approved policy form.
 130-21        (f)  Policy forms for use with large risks are exempt from
 130-22  the requirements of Subsections (a), (b), and (e) of this section.
 130-23  For purposes of this subsection, "large risk" means:
 130-24              (1)  an insured that has total insured property values
 130-25  of $10 million or more;
 130-26              (2)  an insured that has total annual gross revenues of
 130-27  $20 million or more; or
  131-1              (3)  an insured that has a total premium of $50,000 or
  131-2  more for property insurance, $50,000 or more for general liability
  131-3  insurance, or $100,000 or more for multiperil insurance.
  131-4        Sec. 9.  COMMISSIONER <BOARD> AUTHORITY.  If the commissioner
  131-5  <board> determines at any time that the implementation of this
  131-6  article or any part thereof is contrary to the public interest and
  131-7  has resulted in or may result in imminent peril to the insurance
  131-8  consumers of this state, the commissioner <board> may issue an
  131-9  order stating the harm to the public and shall thereafter rely upon
 131-10  Subchapters A-L of this chapter, or parts thereof, in the
 131-11  regulation of property and casualty insurance.
 131-12        SECTION 6.10.  Article 5.15(h), Insurance Code, is amended to
 131-13  read as follows:
 131-14        (h)  Notwithstanding Subsections (a)-(g) of this article, <on
 131-15  and after October 1, 1991,> rates for general liability, <and>
 131-16  commercial property, and all commercial casualty insurance coverage
 131-17  under this article are determined, and hearings related to those
 131-18  rates are conducted, as provided by Article 5.13-2 of this code.
 131-19  This subsection expires December 31, 1995.
 131-20        SECTION 6.11.  Section 4(a), Article 5.15-1, Insurance Code,
 131-21  is amended to read as follows:
 131-22        (a)  The provisions of Article 5.13-2 of this code <5.15,
 131-23  Insurance Code,> shall apply to the filing of rates and rating
 131-24  information required under this article.
 131-25        SECTION 6.12.  Section 4A, Article 5.15-1, Insurance Code, is
 131-26  repealed.
 131-27        SECTION 6.13.  Section 1, Article 3.50, Insurance Code, is
  132-1  amended to read as follows:
  132-2        Sec. 1.  Definitions.  No policy of group life insurance
  132-3  shall be delivered in this state unless it conforms to one of the
  132-4  following descriptions:
  132-5              (1)  A policy issued to an employer, or to the trustees
  132-6  of a fund established by an employer, which employer or trustees
  132-7  shall be deemed the policyholder, to insure employees of the
  132-8  employer for the benefit of persons other than the employer,
  132-9  subject to the following requirements:
 132-10                    (a)  The employees eligible for insurance under
 132-11  the policy shall be all of the employees of the employer, or all of
 132-12  any class or classes thereof determined by conditions pertaining to
 132-13  their employment.  The policy may provide that the term "employees"
 132-14  shall include the employees of one or more subsidiary corporations,
 132-15  and the employees, individual proprietors, and partners of one or
 132-16  more affiliated corporations, proprietors or partnerships if the
 132-17  business of the employer and of such affiliated corporations,
 132-18  proprietors or partnerships is under common control through stock
 132-19  ownership, contract, or otherwise.  The policy may provide that the
 132-20  term "employees" shall include the individual proprietor or
 132-21  partners if the employer is an individual proprietor or a
 132-22  partnership.  The policy may provide that the term "employees"
 132-23  shall include retired employees.
 132-24                    (b)  The premium for the policy shall be paid by
 132-25  the policyholder, either wholly from the employer's fund or funds
 132-26  contributed by him, or partly from such funds and partly from funds
 132-27  contributed by the insured employees.  No policy may be issued on
  133-1  which the entire premium is to be derived from funds contributed by
  133-2  the insured employees.  A policy on which part of the premium is to
  133-3  be derived from funds contributed by the insured employees may be
  133-4  placed in force only if at least seventy-five percent (75%) of the
  133-5  then eligible employees, excluding any as to whom evidence of
  133-6  individual insurability is not satisfactory to the insurer, elect
  133-7  to make the required contributions.  A policy on which no part of
  133-8  the premium is to be derived from funds contributed by the insured
  133-9  employees must insure all eligible employees, or all except any as
 133-10  to whom evidence of individual insurability is not satisfactory to
 133-11  the insurer.
 133-12                    (c)  The policy must cover at least ten (10)
 133-13  employees at date of issue.
 133-14                    (d)  The amounts of insurance under the policy
 133-15  must be based upon some plan precluding individual selection either
 133-16  by the employees or by the employer or trustees.  No policy may be
 133-17  issued which provides insurance on any employee which together with
 133-18  any other insurance under any group life insurance policies issued
 133-19  to the employer or to the trustees of a fund established by the
 133-20  employer exceeds One Hundred Thousand Dollars ($100,000.00), unless
 133-21  four hundred percent (400%) of the annual compensation of such
 133-22  employee from his employer or employers exceeds One Hundred
 133-23  Thousand Dollars ($100,000.00), in which event all such term
 133-24  insurance shall not exceed four hundred percent (400%) of such
 133-25  annual compensation, except that this limitation shall not apply to
 133-26  group insurance on other than the term plan where such insurance is
 133-27  to be used to fund the benefits under a pension or profit sharing
  134-1  plan and the amount of such insurance does not exceed that required
  134-2  to provide at normal retirement date the pension specified by the
  134-3  plan, and except that a group policy which is issued by the same or
  134-4  another carrier to replace another group policy may provide term
  134-5  insurance not to exceed the amounts provided by the policy which it
  134-6  replaces, or the amounts provided above, whichever are greater.
  134-7              (2)  A policy issued to a labor union, which shall be
  134-8  deemed the employer and policyholder, to insure the members of such
  134-9  union who are actively engaged in the same occupation and who shall
 134-10  be deemed to be the employees of such union within the meaning of
 134-11  this Article.
 134-12              (3)  A policy issued to any association of employees of
 134-13  the United States Government or any subdivision thereof, provided
 134-14  the majority of the members of such association are residents of
 134-15  this state, an association of public employees, an incorporated
 134-16  city, town or village, an independent school district, common
 134-17  school district, state colleges or universities, any association of
 134-18  state employees, any association of state, county and city, town or
 134-19  village employees, and any association of any combination of state,
 134-20  county or city, town or village employees and any department of the
 134-21  state government which employer or association shall be deemed the
 134-22  policyholder to insure the employees of any such incorporated city,
 134-23  town or village, of any such independent school district, of any
 134-24  common school district, of any such state college or university, of
 134-25  any such department of the state government, members of any
 134-26  association of state, county or city, town or village or of the
 134-27  United States Government or any subdivision thereof, provided the
  135-1  majority of such employees reside in this state, employees for the
  135-2  benefit of persons other than the policyholder subject to the
  135-3  following requirements:
  135-4                    (a)  The persons eligible for insurance under the
  135-5  policy shall be all of the employees of the employer or if the
  135-6  policyholder is an association, all of the members of the
  135-7  association.
  135-8                    (b)  The premium for a policy issued to any
  135-9  policyholder authorized to be such policyholder under Subsection
 135-10  (3) of Section 1, Article 3.50, Texas Insurance Code, may be paid
 135-11  in whole or in part from funds contributed by the employer, or in
 135-12  whole or in part from funds contributed by the persons insured
 135-13  under said policy; or in whole or in part from funds contributed by
 135-14  the insured employees who are members of such association of
 135-15  employees; provided, however, that any monies or credits received
 135-16  by or allowed to the policyholder pursuant to any participation
 135-17  agreement contained in or issued in connection with the policy
 135-18  shall be applied to the payment of future premiums and to the pro
 135-19  rata abatement of the insured employees' contribution therefor; and
 135-20  provided further, that the employer may deduct from the employees'
 135-21  salaries the employees' contributions for the premiums when
 135-22  authorized in writing by the respective employees so to do.  Such
 135-23  policy may be placed in force only if at least 75% of the eligible
 135-24  employees or if an association of employees is the policyholder,
 135-25  75% of the eligible members of said association, excluding any as
 135-26  to whom evidence of individual insurability is not satisfactory to
 135-27  the insurer, elect to make the required premium contributions and
  136-1  become insured thereunder.   Any group policies heretofore issued
  136-2  to any of the groups named in Section 1(3) above and in existence
  136-3  on the effective date of this Act shall continue in force even
  136-4  though the number of employees or members insured thereunder is
  136-5  less than 75% of the eligible employees or members on the effective
  136-6  date of this Act.
  136-7                    (c)  The policy must cover at least ten (10)
  136-8  employees at date of issue, or if an association of employees is
  136-9  the policyholder, ten (10) members of said association at date of
 136-10  issue.
 136-11                    (d)  The term employees as used herein in
 136-12  addition to its usual meaning shall include elective and appointive
 136-13  officials of the state.
 136-14              (4)  A policy issued to a creditor, who shall be deemed
 136-15  the policyholder, to insure debtors of the creditor, subject to the
 136-16  following requirements:
 136-17                    (a)  The debtors eligible for insurance under the
 136-18  policy shall all be members of a group of persons numbering not
 136-19  less than fifty (50) at all times, who become borrowers, or
 136-20  purchasers of securities, merchandise or other property, under
 136-21  agreement to repay the sum borrowed or to pay the balance of the
 136-22  price of the securities, merchandise or other property purchased,
 136-23  to the extent of their respective indebtedness, but not to exceed
 136-24  Fifty Thousand Dollars ($50,000.00) on any one life or not to
 136-25  exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00) on
 136-26  any one life if the indebtedness is secured by a first lien on real
 136-27  estate; provided, however, the face amount of any loan or loan
  137-1  commitment, totally or partially executed, made to a debtor for
  137-2  educational purposes or to a debtor with seasonal income by a
  137-3  creditor in good faith for general agricultural or horticultural
  137-4  purposes, secured or unsecured, where the debtor becomes personally
  137-5  liable for the payment of such loan, may be so insured in an
  137-6  initial amount of such insurance not to exceed the total amount
  137-7  repayable under the contract of indebtedness and, when such
  137-8  indebtedness is repayable in substantially equal installments, the
  137-9  amount of insurance shall at no time exceed the scheduled or actual
 137-10  amount of unpaid indebtedness, whichever is greater, and such
 137-11  insurance on such credit commitments not exceeding one year in
 137-12  duration may be written up to the amount of the loan commitment on
 137-13  a nondecreasing or level term plan, but such insurance shall not
 137-14  exceed One Hundred Thousand Dollars ($100,000.00) on any one life.
 137-15                    (b)  The premium for the policy shall be paid by
 137-16  the policyholder, either from the creditor's funds or from charges
 137-17  collected from the insured debtors, or both.
 137-18                    (c)  The insurance issued shall not include
 137-19  annuities or endowment insurance.
 137-20                    (d)  The insurance shall be payable to the
 137-21  policyholder.  Such payment shall reduce or extinguish the unpaid
 137-22  indebtedness of the debtor to the extent of such payment; provided
 137-23  that in the case of a debtor for educational purposes or of a
 137-24  debtor with seasonal income, under a loan or loan commitment for
 137-25  general agricultural or horticultural purposes of the type
 137-26  described in paragraph (a), the insurance in excess of the
 137-27  indebtedness to the creditor, if any, shall be payable to the
  138-1  estate of the debtor or under the provision of a facility of
  138-2  payment clause.
  138-3              (5)  A policy issued to the trustees of a fund
  138-4  established by two or more employers in the same industry or by one
  138-5  or more labor unions, or to the trustees of a fund established by
  138-6  one or more employers in the same industry and one or more labor
  138-7  unions, or by one or more employers and one or more labor unions
  138-8  whose members are in the same or related occupations or trades,
  138-9  which trustees shall be deemed the policyholder, to insure
 138-10  employees of the employers or members of the unions for the benefit
 138-11  of persons other than the employers or the union, subject to the
 138-12  following requirements:
 138-13                    (a)  The persons eligible for insurance shall be
 138-14  all of the employees of the employers and the employees of the
 138-15  trade association of such employers or all of the members of the
 138-16  union, or all of any class or classes thereof determined by
 138-17  conditions pertaining to their employment, or to membership in the
 138-18  unions, or both.  The policy may provide that the term "employees"
 138-19  shall include retired employees, and the individual proprietor or
 138-20  partners if an employer is an individual proprietor or a
 138-21  partnership.  No director of a corporate employer shall be eligible
 138-22  for insurance under the policy unless such person is otherwise
 138-23  eligible as a bona fide employee of the corporation by performing
 138-24  services other than the usual duties of a director.  No individual
 138-25  proprietor or partner shall be eligible for insurance under the
 138-26  policy unless he is actively engaged in and devotes a substantial
 138-27  part of his time to the conduct of the business of the proprietor
  139-1  or partnership. The policy may provide that the term "employees"
  139-2  shall include the trustees or their employees, or both, if their
  139-3  duties are principally connected with such trusteeship.
  139-4                    (b)  The premium for the policy shall be paid by
  139-5  the trustees wholly from funds contributed by the employer or
  139-6  employers of the insured persons, or by the union or unions, or by
  139-7  both, or, partly from such funds and partly from funds contributed
  139-8  by the insured persons, except that in no event shall the
  139-9  contribution by an insured person toward the cost of his insurance
 139-10  exceed forty cents per thousand per month.  A policy on which part
 139-11  of the premium is to be derived from funds contributed by the
 139-12  insured persons specifically for their insurance may be placed in
 139-13  force only if at least seventy-five percent (75%) of the then
 139-14  eligible persons of each participating employer unit, excluding any
 139-15  as to whom evidence of insurability is not satisfactory to the
 139-16  insurer, elect to make the required contributions.  A policy on
 139-17  which no part of the premium is to be derived from funds
 139-18  contributed by the insured persons specifically for their insurance
 139-19  must insure all eligible persons, or all except any as to whom
 139-20  evidence of individual insurability is not satisfactory to the
 139-21  insurer.  The policy may provide that a participating employer or
 139-22  labor union may pay the premium directly to the insurer for the
 139-23  policy issued to the trustee, and in that event, the employer or
 139-24  labor union becomes the premium payor for the insured employees or
 139-25  union members for that employer unit.
 139-26                    (c)  The policy must cover at date of issue at
 139-27  least one hundred (100) persons; unless the policy is issued to the
  140-1  trustees of a fund established by employers which have assumed
  140-2  obligations through a collective bargaining agreement and are
  140-3  participating in the fund either pursuant to those obligations with
  140-4  regard to one or more classes of their employees which are
  140-5  encompassed in the collective bargaining agreement or as a method
  140-6  of providing insurance benefits for other classes of their
  140-7  employees, or unless the policy is issued to the trustees of a fund
  140-8  established by one or more labor unions.
  140-9                    (d)  The amounts of insurance under the policy
 140-10  must be based upon some plan precluding individual selection either
 140-11  by the insured persons or by the policyholder or employer.  No
 140-12  policy may be issued which provides term insurance on any person
 140-13  which together with any other term insurance under any group life
 140-14  insurance policy or policies issued to trustees or employers
 140-15  exceeds One Hundred Thousand Dollars ($100,000.00), unless four
 140-16  hundred percent (400%) of the annual compensation of such employee
 140-17  from his employer or employers exceeds One Hundred Thousand Dollars
 140-18  ($100,000.00), in which event all such term insurance shall not
 140-19  exceed four hundred percent (400%) of such annual compensation.
 140-20                    (e)  The limitation as to amount of group
 140-21  insurance on any person shall not apply to group insurance on other
 140-22  than the term plan where such insurance is to be used to fund the
 140-23  benefits under a pension plan and the amount of such insurance does
 140-24  not exceed that required to provide at normal retirement date the
 140-25  pension specified by the plan, and except that a group policy which
 140-26  is issued by the same or another carrier to replace another group
 140-27  policy may provide term insurance not to exceed the amount provided
  141-1  by the policy which it replaces, or the amounts provided above
  141-2  whichever is greater.
  141-3                    (f)  No policy may be issued (i) to insure
  141-4  employees of any employer whose eligibility to participate in the
  141-5  fund as an employer arises out of considerations directly related
  141-6  to the employer being a commercial correspondent or business client
  141-7  or patron of another employer (regardless of whether such other
  141-8  employer is or is not participating in the fund); or (ii) to insure
  141-9  employees of any employer which is not located in this state,
 141-10  unless the majority of the employers whose employees are to be
 141-11  insured are located in this state, or unless the policy is issued
 141-12  to the trustees of a fund established by one or more labor unions.
 141-13              (5A)  A policy issued to an association or trust for a
 141-14  group of individuals for the payment of future funeral expenses.
 141-15              (6)  A policy issued to cover any other group subject
 141-16  to the following requirements:
 141-17                    (a)  No such group life insurance policy shall be
 141-18  delivered in this state unless the Commissioner of Insurance finds
 141-19  that:
 141-20                          (i)  the issuance of such group policy is
 141-21  not contrary to the best interest of the public;
 141-22                          (ii)  the issuance of the group policy
 141-23  would result in economies of acquisition or administration; and
 141-24                          (iii)  the benefits are reasonable in
 141-25  relation to the premiums charged.
 141-26                    (b)  No such group life insurance coverage may be
 141-27  offered in this state by an insurer under a policy issued in
  142-1  another state unless this state or another state having
  142-2  requirements substantially similar to those contained in Paragraph
  142-3  (a) of Subdivision (6) has made a determination that such
  142-4  requirements have been met.
  142-5                    (c)  The premium for the policy shall be paid
  142-6  either from the policyholder's funds or from funds contributed by
  142-7  the covered person or from both.
  142-8                    (d)  Notwithstanding other provisions of law, an
  142-9  employer may insure the lives of its officers, directors,
 142-10  employees, and retirees under this subdivision for the purpose of
 142-11  and in an amount necessary to provide funds to offset fringe
 142-12  benefit-related liabilities.  Evidence of the purpose of the policy
 142-13  shall be submitted to the Commissioner of Insurance.  A policy
 142-14  issued for such purpose shall not diminish other life insurance
 142-15  benefits if any are offered or provided by such employer.  The
 142-16  provisions of Subdivisions 5 through 10 of Section 2 of this
 142-17  article shall not apply to such policies.
 142-18              (7)  No policy of wholesale, franchise or employee life
 142-19  insurance, as hereinafter defined, shall be issued or delivered in
 142-20  this state unless it conforms to the following requirements:
 142-21                    (a)  Wholesale, franchise or employee life
 142-22  insurance is hereby defined as:  a term life insurance plan under
 142-23  which a number of individual term life insurance policies are
 142-24  issued at special rates to a selected group.  A special rate is any
 142-25  rate lower than the rate shown in the issuing insurance company's
 142-26  manual for individually issued policies of the same type and to
 142-27  insureds of the same class.
  143-1                    (b)  Wholesale, franchise or employee life
  143-2  insurance may be issued to (1) the employees of a common employer
  143-3  or employers, covering at date of issue not less than five
  143-4  employees; or (2) the members of a labor union or unions covering
  143-5  at date of issue not less than five members; or (3) the members of
  143-6  a credit union or credit unions covering at date of issue not less
  143-7  than five (5) members.
  143-8                    (c)  The premium for the policy shall be paid
  143-9  either wholly from funds contributed by the employer or employers
 143-10  of the insured persons, or by the union or unions or by both, or
 143-11  partly from such funds and partly from funds contributed by the
 143-12  insured person, except that in no event shall the contribution by
 143-13  an insured person toward the cost of his insurance exceed forty
 143-14  cents per thousand per month.
 143-15                    (d)  No policy may be issued on a wholesale,
 143-16  franchise or employee life insurance basis which, together with any
 143-17  other term life insurance policy or policies issued on a wholesale,
 143-18  franchise, employee life insurance or group basis, provides term
 143-19  life insurance coverage for an amount in excess of One Hundred
 143-20  Thousand Dollars ($100,000.00), unless four hundred percent (400%)
 143-21  of the annual compensation of such employee from his employer or
 143-22  employers exceeds One Hundred Thousand Dollars ($100,000.00), in
 143-23  which event all such term insurance shall not exceed four hundred
 143-24  percent (400%) of such annual compensation.  An individual
 143-25  application shall be taken for each such policy and the insurer
 143-26  shall be entitled to rely upon the applicant's statements as to
 143-27  applicant's other similar coverage upon his life.
  144-1                    (e)  Each such policy of insurance shall contain
  144-2  a provision substantially as follows:
  144-3        A provision that if the insurance on an insured person ceases
  144-4  because of termination of employment or of membership in the union,
  144-5  such person shall be entitled to have issued to him by the insurer,
  144-6  without evidence of insurability an individual policy of life
  144-7  insurance without disability or other supplementary benefits,
  144-8  provided application for the individual policy shall be made, and
  144-9  the first premium paid to the insurer, within thirty-one (31) days
 144-10  after such termination.
 144-11                    (f)  Each such policy may contain any provision
 144-12  substantially as follows:
 144-13                          (1)  A provision that the policy is
 144-14  renewable at the option of the insurer only;
 144-15                          (2)  A provision for termination of
 144-16  coverage by the insurer upon termination of employment by the
 144-17  insured employee;
 144-18                          (3)  A provision requiring a person
 144-19  eligible for insurance to furnish evidence of individual
 144-20  insurability satisfactory to the insurer as condition to coverage.
 144-21                    (g)  The limitation as to amount of group and
 144-22  wholesale, franchise or employee life insurance on any person shall
 144-23  not apply to group insurance on other than the term plan where such
 144-24  insurance is to be used to fund benefits under a pension plan and
 144-25  the amount of such insurance does not exceed that required to
 144-26  provide at normal retirement date the pension specified by the
 144-27  plan, and except that a group policy which is issued by the same or
  145-1  another carrier to replace another group policy may provide term
  145-2  insurance not to exceed the amounts provided by the policy which it
  145-3  replaces, or the amounts provided above, whichever are greater.
  145-4                    (h)  Nothing contained in this Subsection (7)
  145-5  shall in any manner alter, impair or invalidate (1) any policy
  145-6  heretofore issued prior to the effective date of this Act; nor (2)
  145-7  any such plan heretofore placed in force and effect provided such
  145-8  prior plan was at date of issue legal and valid; nor (3) any policy
  145-9  issued on a salary savings franchise plan, bank deduction plan,
 145-10  pre-authorized check plan or similar plan of premium collection.
 145-11              (7A)  A policy may be issued to a principal, or if such
 145-12  principal is a life or life and accident or life, accident and
 145-13  health insurer, by or to such principal, covering when issued not
 145-14  less than ten (10) agents of the principal, subject to the
 145-15  following requirements:
 145-16                    (a)  As used in this section, the term "agents"
 145-17  shall be deemed to include general agents, subagents and salesmen.
 145-18                    (b)  The agents eligible for insurance under the
 145-19  policy shall be those who are under contract to render personal
 145-20  services for the principal for a commission or other fixed or
 145-21  ascertainable compensation.
 145-22                    (c)  The premium for the policy shall be paid
 145-23  either wholly by the principal or partly from funds contributed by
 145-24  the principal and partly from funds contributed by the insured
 145-25  agents.  A policy on which no part of the premium is to be derived
 145-26  from funds contributed by the insured agents must insure all of the
 145-27  eligible agents or all of any class or classes thereof determined
  146-1  by conditions pertaining to the services to be rendered by the
  146-2  agents to the principal.  A policy on which part of the premium is
  146-3  to be derived from funds contributed by the insured agents must
  146-4  cover at issue at least seventy-five percent (75%) of the eligible
  146-5  agents or at least seventy-five percent (75%) of any class or
  146-6  classes thereof determined by conditions pertaining to the services
  146-7  to be rendered by the agents; provided, however, that the benefits
  146-8  may be extended to other classes of agents as seventy-five percent
  146-9  (75%) thereof express the desire to be covered.
 146-10                    (d)  The amounts of insurance under the policy
 146-11  must be based upon some plan precluding individual selection either
 146-12  by the principal or by the agents.  No policy may be issued which
 146-13  provides term insurance on any agent which together with any other
 146-14  term insurance under any group life insurance policy or policies
 146-15  issued to the principal exceeds One Hundred Thousand Dollars
 146-16  ($100,000.00), unless four hundred percent (400%) of the annual
 146-17  commissions or other fixed or ascertainable compensation of such
 146-18  agent from the principal exceeds One Hundred Thousand Dollars
 146-19  ($100,000.00), in which event all such term insurance shall not
 146-20  exceed four hundred percent (400%) of such annual commissions or
 146-21  other fixed or ascertainable compensation.
 146-22                    (e)  The insurance shall be for the benefit of
 146-23  persons other than the principal.
 146-24              (8)  A policy issued to the Veterans Land Board of the
 146-25  State of Texas, who shall be deemed the policyholder to insure
 146-26  persons purchasing land under the Texas Veterans Land Program as
 146-27  provided in Section 16(B) of Article 5421m, Vernon's Texas Civil
  147-1  Statutes (Chapter 318, Acts of the 51st Legislature, Regular
  147-2  Session, 1949, as amended).
  147-3              (9)  Any policy of group term life insurance may be
  147-4  extended, in the form of group term life insurance only, to insure
  147-5  the spouse and minor children, natural or adopted, of an insured
  147-6  employee, provided the policy constitutes a part of the employee
  147-7  benefit program established for the benefit of employees of the
  147-8  United States government or any subdivision thereof, and provided
  147-9  further, that the spouse or children of other employees covered by
 147-10  the same employee benefit program in other states of the United
 147-11  States are or may be covered by group term life insurance, subject
 147-12  to the following requirements:
 147-13                    (a)  The premiums for the group term life
 147-14  insurance shall be paid by the policyholder from funds solely
 147-15  contributed by the insured employee.
 147-16                    (b)  The amounts of insurance under the policy
 147-17  must be based upon some plan precluding individual selection either
 147-18  by the insured employee or by the policyholder, provided that group
 147-19  term life insurance upon the life of a spouse shall not exceed the
 147-20  lesser of (1) Ten Thousand Dollars ($10,000.00) or (2) one-half of
 147-21  the amount of insurance on the life of the insured employee under
 147-22  the group policy; and provided that group term life insurance on
 147-23  the life of any minor child shall not exceed Two Thousand Dollars
 147-24  ($2,000.00).
 147-25                    (c)  Upon termination of the group term life
 147-26  insurance with respect to the spouse of any insured employee by
 147-27  reason of such person's termination of employment or death, or
  148-1  termination of the group contract, the spouse insured pursuant to
  148-2  this section shall have the same conversion rights as to the group
  148-3  term life insurance on his or her life as is provided for the
  148-4  insured employee.
  148-5                    (d)  Only one certificate need be issued for
  148-6  delivery to an insured employee if a statement concerning any
  148-7  dependent's coverage is included in such certificate.
  148-8              (10)  A policy of group life insurance may be issued to
  148-9  a nonprofit service, civic, fraternal, or community organization or
 148-10  association which has had an active existence for at least two
 148-11  years, has a constitution or bylaws, was formed for purposes other
 148-12  than obtaining insurance, and which association shall be deemed the
 148-13  policyholder to insure members and employees of such association
 148-14  for the benefit of persons other than the association or any of its
 148-15  officers, subject to the following requirements:
 148-16                    (a)  The persons eligible for insurance shall be
 148-17  all the members of the association, or all of any class thereof
 148-18  determined by conditions pertaining to membership in the
 148-19  association.
 148-20                    (b)  The amounts of insurance under the policy
 148-21  shall be based upon some plan precluding individual selection
 148-22  either by the insured members or by the association.
 148-23                    (c)  The premium for the policy shall be paid by
 148-24  the policyholder from the policyholder's own funds or from funds
 148-25  contributed by the employees or members specifically for their
 148-26  insurance, or from both.  The policy may provide that the premium
 148-27  may be paid directly to the insurer by individual employees or
  149-1  members from their own funds, and in that event, the respective
  149-2  employees or members become the premium payor for that particular
  149-3  certificate.
  149-4                    (d)  The policy shall cover at least twenty-five
  149-5  (25) persons at date of issue.
  149-6        ARTICLE 7.  FINANCIAL SUPERVISION OF ENTITIES REGULATED
  149-7                   BY TEXAS DEPARTMENT OF INSURANCE
  149-8        SECTION 7.01.  Section 2A(a)(1), Article 3.28, Insurance
  149-9  Code, is amended to read as follows:
 149-10              (1)  In conjunction with the annual statement and in
 149-11  addition to other information required by this article, every life
 149-12  insurance company doing business in this state shall annually
 149-13  submit to the State Board of Insurance the opinion of a qualified
 149-14  <an> actuary <or other financial specialist as defined by Board
 149-15  rule> as to whether the reserves and related actuarial items held
 149-16  in support of the policies and contracts specified by rule of the
 149-17  Board are computed appropriately, are based on assumptions which
 149-18  satisfy contractual provisions, are consistent with prior reported
 149-19  amounts, and comply with applicable laws of this state.  The Board
 149-20  by rule shall define the specific requirements of this opinion<,
 149-21  the qualifications of the persons who may certify to such an
 149-22  opinion,> and shall include any matters deemed to be necessary to
 149-23  the opinion's scope.  For purposes of this subdivision, "qualified
 149-24  actuary" has the meaning assigned by Article 1.11(d) of this code.
 149-25  A person who, before September 1, 1993, satisfied the requirements
 149-26  of the Board to submit an opinion under this subdivision may also
 149-27  submit the opinion required by this subdivision.
  150-1        SECTION 7.02.  Section 2A(b), Article 3.28, Insurance Code,
  150-2  is amended to read as follows:
  150-3        (b)  Actuarial Analysis of Reserves and Assets Supporting
  150-4  Such Reserves.  Every life insurance company, except as exempted by
  150-5  or pursuant to rule adopted by the Board, shall also annually
  150-6  include in the opinion required by Subsection (a)(1) of this
  150-7  section, an opinion of the same person who certifies to the opinion
  150-8  under Subsection (a)(1) of this section as to whether the reserves
  150-9  and related actuarial items held in support of the policies and
 150-10  contracts specified by Board rule, when considered in light of the
 150-11  assets held by the company with respect to the reserves and related
 150-12  actuarial items, including but not limited to the investment
 150-13  earnings on the assets and the considerations anticipated to be
 150-14  received and retained under the policies and contracts, make
 150-15  adequate provision for the company's obligations under the policies
 150-16  and contracts, including but not limited to the benefits under and
 150-17  expenses associated with the policies and contracts.  The rules
 150-18  adopted by the Board under this section may <shall> exempt those
 150-19  companies that would be exempted from the requirements stated in
 150-20  this subsection (b) according to the most recently adopted
 150-21  regulation by the National Association of Insurance Commissioners
 150-22  entitled "Model Actuarial Opinion and Memorandum Regulation"  or
 150-23  its successor regulation if the Board considers the exemption
 150-24  appropriate.
 150-25        SECTION 7.03.    Article 1.11, Insurance Code, is amended by
 150-26  amending Subsection (c) and adding Subsection (d) to read as
 150-27  follows:
  151-1        (c)  Included on or attached to page 1 of the annual
  151-2  statement shall be the statement of a qualified actuary<, who is a
  151-3  member in good standing of the American Academy of Actuaries>,
  151-4  entitled "Statement of Actuarial Opinion," setting forth his or her
  151-5  opinion relating to policy reserves and other actuarial items for
  151-6  life, accident and health, and annuities, or loss and loss
  151-7  adjustment expense reserves for property and casualty risks, as
  151-8  described in the NAIC annual statement instructions as appropriate
  151-9  for the type of risks insured.
 151-10        (d)  In this article, "qualified actuary" means a member in
 151-11  good standing of the American Academy of Actuaries or a person who
 151-12  has otherwise demonstrated actuarial competence to the satisfaction
 151-13  of the commissioner of insurance or other insurance regulatory
 151-14  official of the insurer's domiciliary state.
 151-15        SECTION 7.04.  Chapter 1, Insurance Code, is amended by
 151-16  adding Article 1.11A to read as follows:
 151-17        Art. 1.11A.  ACCEPTANCE OF ACTUARIAL OPINION.  (a)  In any
 151-18  case in which the commissioner requests or requires the opinion of
 151-19  an actuary under this code, another insurance law of this state, or
 151-20  a rule adopted by the commissioner, including an opinion of a
 151-21  qualified actuary submitted in accordance with Section 2A, Article
 151-22  3.28, of this code, the opinion is presumed to be accurate and
 151-23  valid and the department shall accept the opinion unless
 151-24  controverted.
 151-25        (b)  The department may employ, at the department's expense,
 151-26  an actuary other than the actuary who provides an opinion under
 151-27  Subsection (a) of this section to provide an alternative opinion.
  152-1        SECTION 7.05.  Article 1.15, Insurance Code, is amended by
  152-2  adding Sections 8, 9, and 10 to read as follows:
  152-3        Sec. 8.  (a)  In conducting an examination under this
  152-4  article, the department shall use audits and work papers prepared
  152-5  by an accountant or accounting firm that meets the requirements of
  152-6  Section 12, Article 1.15A, of this code  that are made available to
  152-7  the department by the carrier.  If necessary, the department may
  152-8  conduct a separate audit of the carrier.
  152-9        (b)  The carrier shall provide the department with the work
 152-10  papers of an accountant or accounting firm or the carrier and a
 152-11  record of any communications between the accountant or accounting
 152-12  firm and the carrier that relate to the audit.  The accountant or
 152-13  accounting firm shall deliver that information to the department's
 152-14  examiners, who shall retain the information during the course of
 152-15  the department's examination of the carrier.  Information obtained
 152-16  under this section is confidential and may not be disclosed to the
 152-17  public except when introduced as evidence in a hearing.
 152-18        (c)  For purposes of this section, "work papers" has the
 152-19  meaning assigned by Section 17(a), Article 1.15A, of this code.
 152-20  Work papers developed in an audit conducted under this section
 152-21  shall be maintained in the manner provided by Sections 17(b) and
 152-22  (c), Article 1.15A, of this code.
 152-23        Sec. 9.  A final or preliminary examination report, and any
 152-24  information obtained during the course of an examination, is
 152-25  confidential and is not subject to disclosure under the open
 152-26  records law, Chapter 424, Acts of the 63rd Legislature, Regular
 152-27  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
  153-1  and its subsequent amendments.  This section applies if the carrier
  153-2  examined is under supervision or conservation but does not apply to
  153-3  an examination conducted in connection with a liquidation or a
  153-4  receivership under this code or another insurance law of this
  153-5  state.
  153-6        Sec. 10.  If the Commissioner determines that the financial
  153-7  strength of a carrier justifies less-frequent examinations than are
  153-8  required by Section 1 of this article, the Commissioner may conduct
  153-9  the examination of a carrier at intervals not to exceed five years.
 153-10  The Commissioner shall adopt rules governing the determination of
 153-11  whether the financial strength of a carrier justifies examination
 153-12  under this section.  This section applies only to examination of a
 153-13  carrier that has been incorporated or organized for more than three
 153-14  years.
 153-15        SECTION 7.06.  Section 10, Article 1.15A, Insurance Code, is
 153-16  amended by adding Subsection (f) to read as follows:
 153-17        (f)  The audited financial report must also include
 153-18  information required by the department to conduct the examination
 153-19  of the  insurer under Article 1.15 of this code.  The commissioner
 153-20  shall adopt rules governing the information to be included in the
 153-21  report under this subsection.
 153-22        SECTION 7.07.  Chapter 1, Insurance Code, is amended by
 153-23  adding Article 1.15B to read as follows:
 153-24        Art. 1.15B.  CONFIDENTIALITY OF EARLY WARNING SYSTEM
 153-25  INFORMATION.  Any information relating to the financial solvency of
 153-26  any organization regulated by the department under this code or
 153-27  another insurance law of this state obtained by the department's
  154-1  early warning system is confidential and is not subject to
  154-2  disclosure under the open records law, Chapter 424, Acts of the
  154-3  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
  154-4  Texas Civil Statutes), and its subsequent amendments.
  154-5        SECTION 7.08.  Section 8, Article 1.14-2, Insurance Code, is
  154-6  amended by amending Subsections (b) and (c) and adding Subsection
  154-7  (d) to read as follows:
  154-8        (b)  No surplus lines agent shall place any coverage with an
  154-9  <unauthorized> insurer unless the insurer has met the eligibility
 154-10  requirements of this section and the stamping office provides
 154-11  evidence that the insurer has met the requirements to the State
 154-12  Board of Insurance.  An <unauthorized> insurer shall not be
 154-13  eligible unless the insurer has a minimum capital and surplus of
 154-14  $15 million <that are not less than the following amounts for the
 154-15  following dates:>
 154-16              <(1)  $4.5 million capital and surplus as of December
 154-17  31, 1991; or>
 154-18              <(2)  $6 million capital and surplus as of December 31,
 154-19  1992>.
 154-20        (c)  An <unauthorized> insurer may be exempt from the minimum
 154-21  capital and surplus requirements provided by Subsection (b) of this
 154-22  section if the Commissioner of Insurance finds, after public
 154-23  hearing, that the exemption is warranted based on factors such as
 154-24  quality of management, capital and surplus of any parent company,
 154-25  company underwriting profit and investment income trends,
 154-26  reinsurance contracts, company record and reputation within the
 154-27  industry, and other information the commissioner requires to make a
  155-1  determination.  The commissioner, by rule, shall exempt an insurer
  155-2  from the minimum capital and surplus requirements of Subsection (b)
  155-3  of this section if the insurer writes less than a minimum level of
  155-4  insurance premium in this state.  The rules must specify the
  155-5  minimum level of insurance premium.
  155-6        (d)  A surplus lines insurer may be exempt from the minimum
  155-7  capital and surplus requirements of this article if the
  155-8  commissioner finds, after a public hearing, that the applicant for
  155-9  exemption complies with each of the following conditions:
 155-10              1.  the insurer has at least $6 million in capital and
 155-11  surplus;
 155-12              2.  the amount of net risk retained after ceding to a
 155-13  reinsurer is reasonable and does not exceed 10 percent of the
 155-14  capital and surplus of the insurer;
 155-15              3.  the annual ratio of net written premiums to surplus
 155-16  of the insurer does not exceed 2.5 to 1;
 155-17              4.  the reinsurance company of the insurer is rated at
 155-18  least "B+" by the A.M. Best Company;
 155-19              5.  the ownership interest in the insurer of an agent
 155-20  who places insurance with it does not exceed 10 percent;
 155-21              6.  the officers, directors, or managing head have
 155-22  sufficient insurance ability, standing, and good record to render
 155-23  continued success of the company probable;
 155-24              7.  the composition, quality, duration, and liquidity
 155-25  of the insurer's investment portfolio are prudent;
 155-26              8.  the insurer is audited annually by an independent
 155-27  certified public accountant who is in good standing with the
  156-1  American Institute of Certified Public Accountants and is licensed
  156-2  to practice by the Texas State Board of Public Accountancy, and a
  156-3  copy of such audit is filed with the commissioner;
  156-4              9.  the number and type of complaints are not excessive
  156-5  relative to the number of insurance policies written; and
  156-6              10.  the insurer is acting in good faith in applying
  156-7  for an exemption.
  156-8        The commissioner may continue the exemption in force on an
  156-9  annual basis upon the filing of a certificate by the insurer that
 156-10  the above conditions remain true and correct.  The commissioner may
 156-11  hold a public hearing, however, at any time to determine that the
 156-12  continued exemption is warranted.  The commissioner may waive any
 156-13  of the above 10 conditions if in her or his judgment the
 156-14  policyholders of the insurer would not be adversely affected
 156-15  thereby.
 156-16        SECTION 7.09.  Article 1.16(b), Insurance Code, is amended to
 156-17  read as follows:
 156-18        (b)  Assessments for the expenses of such domestic
 156-19  examination which shall be sufficient to meet all the expenses and
 156-20  disbursements necessary to comply with the provisions of the laws
 156-21  of Texas relating to the examination of insurance companies and to
 156-22  comply with the provisions of this Article and Articles 1.17 and
 156-23  1.18 of this Code, shall be made by the State Board of Insurance
 156-24  upon the corporations or associations to be examined taking into
 156-25  consideration annual premium receipts, and/or admitted assets that
 156-26  are not attributable to 90 percent of pension plan contracts as
 156-27  defined in Section 818(a) of the Internal Revenue Code of 1986 (26
  157-1  U.S.C. Section 818(a)), and/or insurance in force; provided such
  157-2  assessments shall be made and collected as follows:  (1) expenses
  157-3  attributable directly to a specific examination including
  157-4  employees' salaries and expenses and expenses provided by Article
  157-5  1.28 of this Code shall be collected at the time of examination;
  157-6  (2) assessments calculated annually for each corporation or
  157-7  association which take into consideration annual premium receipts,
  157-8  and/or admitted assets that are not attributable to 90 percent of
  157-9  pension plan contracts as defined in Section 818(a) of the Internal
 157-10  Revenue Code of 1986 (26 U.S.C. Section 818(a)), and/or insurance
 157-11  in force shall be assessed annually for each such corporation or
 157-12  association.  In computing the assessments, the board may not
 157-13  consider insurance premiums for insurance contracted for by a state
 157-14  or federal governmental entity to provide welfare benefits to
 157-15  designated welfare recipients or contracted for in accordance with
 157-16  or in furtherance of Title 2, Human Resources Code, or the federal
 157-17  Social Security Act (42 U.S.C. Section 301 et seq.).  The <Provided
 157-18  further that the> amount of the <all such> assessments paid in each
 157-19  taxable year to or for the use of the State of Texas by any
 157-20  insurance corporation or association hereby affected shall be
 157-21  allowed as a credit on the amount of premium taxes to be paid by
 157-22  any such insurance corporation or association for such taxable year
 157-23  except as provided by Article 1.28 of this Code.
 157-24        SECTION 7.10.  Article 1.39, Insurance Code, is amended to
 157-25  read as follows:
 157-26        Art. 1.39.  Subordinated Indebtedness.  (a)  This article
 157-27  applies to an insurer as that term is defined by Article 1.15A of
  158-1  this code.
  158-2        (b)  An insurer may obtain a loan or an advance of cash or
  158-3  property, repayable with interest and may assume a subordinated
  158-4  liability for repayment of the advance and payment of interest on
  158-5  the advance if the insurer and creditor execute a written agreement
  158-6  stating that the creditor may be paid only out of that <the>
  158-7  portion of the insurer's surplus that exceeds the greater of a
  158-8  minimum surplus stated and fixed in the agreement or a minimum
  158-9  surplus of $500,000 for that insurer.  The department or the
 158-10  commissioner may not require the agreement to provide another
 158-11  minimum surplus amount.
 158-12        (c)  <Before an insurer may assume a subordinated liability
 158-13  under Subsection (a) of this article, the agreement must be
 158-14  approved by the commissioner.>
 158-15        <(d)  An insurer may not repay principal or pay interest on a
 158-16  subordinate liability assumed under this article unless the
 158-17  repayment or payment is approved by the commissioner.  The
 158-18  commissioner may approve the repayment or payment only if satisfied
 158-19  that the repayment or payment is appropriate, considering the
 158-20  financial condition of the insurer.  The commissioner may not deny
 158-21  approval of the repayment or payment if the insurer submits
 158-22  evidence, satisfactory to the commissioner, that the insurer has at
 158-23  least the minimum surplus stated in the agreement.>
 158-24        <(e)>  A loan or advance made under this article, and any
 158-25  interest accruing on the loan or advance, is <not> a legal
 158-26  liability and <or> financial statement liability of the insurer
 158-27  only to the extent provided by the terms and conditions of the loan
  159-1  or advance agreement, and the loan or advance may not otherwise be
  159-2  a legal liability or financial statement liability of the insurer.
  159-3  <until the commissioner authorizes repayment or payment under
  159-4  Subsection (d) of this article.  Until the commissioner authorizes
  159-5  the repayment or payment, all financial statements published by the
  159-6  insurer or filed with the commissioner must show as a liability
  159-7  that portion of the insurer's surplus that exceeds the minimum
  159-8  surplus as defined in the subordinated agreement to the extent of
  159-9  the unpaid balance thereon, and must show the amount of that
 159-10  minimum surplus as a special surplus account.>
 159-11        (d)  If the loan or advance agreement provides for a sinking
 159-12  fund out of which the loan or advance is to be repaid, then the
 159-13  loan or advance shall be a legal liability and financial statement
 159-14  liability of the  insurer only to the extent of those funds
 159-15  accumulated and held in the sinking fund, and the loan or advance
 159-16  may not otherwise be a legal liability or financial statement
 159-17  liability of the insurer.  By mutual agreement of the parties to
 159-18  the agreement, any portion of the accumulated funds in the sinking
 159-19  fund may be returned to the surplus of the insurer at any time and
 159-20  from time to time and thereafter may not be considered as a legal
 159-21  liability or financial statement liability of the insurer.
 159-22        SECTION 7.11.  Section 4, Article 3.33, Insurance Code, is
 159-23  amended to read as follows:
 159-24        Sec. 4.  AUTHORIZED INVESTMENTS AND LOANS.  Subject to the
 159-25  limitations and restrictions herein contained, the investments and
 159-26  loans described in the following subsections, and none other, are
 159-27  authorized for the insurers subject hereto:
  160-1              (a)  United States Government Bonds.  Bonds, evidences
  160-2  of indebtedness or obligations of the United States of America, or
  160-3  bonds, evidences of indebtedness or obligations guaranteed as to
  160-4  principal and interest by the full faith and credit of the United
  160-5  States of America, and bonds, evidences of indebtedness, or
  160-6  obligations of agencies and instrumentalities of the government of
  160-7  the United States of America;
  160-8              (b)  Other Governmental Bonds.  Bonds, evidences of
  160-9  indebtedness or obligations of governmental units in the United
 160-10  States, Canada, or any province or city of Canada, and of the
 160-11  instrumentalities of such governmental units; provided:
 160-12                    (1)  such governmental unit or instrumentality is
 160-13  not in default in the payment of principal or interest in any of
 160-14  its obligations; and
 160-15                    (2)  investments in the obligations of any one
 160-16  governmental unit or instrumentality may not exceed 20 percent of
 160-17  the insurer's capital and surplus;
 160-18              (c)  Obligations of Business Entities.  Obligations,
 160-19  including bonds or evidences of indebtedness, or participations in
 160-20  those bonds or evidences of indebtedness, that are issued, assumed,
 160-21  guaranteed, or insured by any business entity, including a sole
 160-22  proprietorship, a corporation, an association, a general or limited
 160-23  partnership, a joint-stock company, a joint venture, a trust, or
 160-24  any other form of business organization, whether for-profit or
 160-25  not-for-profit, that is organized under the laws of the United
 160-26  States, another state, Canada, or any state, district, province, or
 160-27  territory  of Canada, subject to all conditions set forth below:
  161-1                    (1)  an insurer may acquire obligations in any
  161-2  one business entity rated one or two by the Securities Valuation
  161-3  Office of the National Association of Insurance Commissioners, but
  161-4  not to exceed 20 percent of the insurer's statutory capital and
  161-5  surplus as reported in the most recent annual statement filed with
  161-6  the department;
  161-7                    (2)  an insurer may acquire obligations rated
  161-8  three or lower by the Securities Valuation Office if, after giving
  161-9  effect to such an acquisition, the aggregate amount of all
 161-10  obligations rated three or lower then held by the domestic insurer
 161-11  does not exceed 20 percent of its admitted assets.  Not more than
 161-12  10 percent of the admitted assets of that insurer may consist of
 161-13  obligations rated four, five, or six by the Securities Valuation
 161-14  Office.  Not more than three percent of the admitted assets of that
 161-15  insurer may consist of obligations rated five or six by the
 161-16  Securities Valuation Office.  Not more than one percent of the
 161-17  admitted assets of that insurer may consist of obligations rated
 161-18  six by the Securities Valuation Office.  Attaining or exceeding the
 161-19  limit in any one category does not preclude an insurer from
 161-20  acquiring obligations in other categories, subject to the specific
 161-21  and multi-category limits;
 161-22                    (3)  an insurer may not invest more than an
 161-23  aggregate of one percent of its admitted assets in obligations
 161-24  rated three by the Securities Valuation Office that are issued,
 161-25  assumed, guaranteed, or insured by any one business entity, or more
 161-26  than one-half percent of its admitted assets in obligations rated
 161-27  four, five, or six by the Securities Valuation Office that are
  162-1  issued, assumed, guaranteed, or insured by any one business entity.
  162-2  An insurer may not invest more than one percent of its admitted
  162-3  assets in any obligations rated three, four, five, or six by the
  162-4  Securities Valuation Office that are issued, assumed, guaranteed,
  162-5  or insured by any one business entity;
  162-6                    (4)  notwithstanding the foregoing, an insurer
  162-7  may acquire an obligation of a business entity in which the insurer
  162-8  already has one or more obligations if the obligation is acquired
  162-9  in order to protect an investment previously made in that business
 162-10  entity.  Such acquired obligations may not exceed one-half percent
 162-11  of the insurer's admitted assets; and
 162-12                    (5)  this subsection does not prohibit an insurer
 162-13  from acquiring an obligation as a result of a restructuring of an
 162-14  already held obligation that is rated three or lower by the
 162-15  Securities Valuation Office;
 162-16              <Corporate Bonds.  Bonds, evidences of indebtedness or
 162-17  obligations of corporations organized under the laws of the United
 162-18  States of America or its states or Canada or any state, district,
 162-19  province, or territory of Canada; provided:>
 162-20                    <(1)  any such corporation must be solvent with
 162-21  at least $1,000,000 of net worth as of the date of its latest
 162-22  annual or more recent certified audited financial statement or will
 162-23  have at least $1,000,000 of net worth after completion of a
 162-24  securities offering which is being subscribed to by the insurer, or
 162-25  the obligation is guaranteed as to principal and interest by a
 162-26  solvent corporation meeting such net worth requirements which is
 162-27  organized under the laws of the United States of America or one of
  163-1  its states or Canada or any state, district, province, or territory
  163-2  of Canada;>
  163-3                    <(2)  investments in the obligations of any one
  163-4  corporation may not exceed 20 percent of the insurer's capital and
  163-5  surplus; and>
  163-6                    <(3)  the aggregate of all investments under this
  163-7  subsection may not exceed:>
  163-8                          <(A)  one hundred percent of the insurer's
  163-9  assets (excluding, however, those assets representing the minimum
 163-10  capital required for the insurer), but only if more than 75 percent
 163-11  of the total amount invested by the insurer in such bonds,
 163-12  evidences of indebtedness, or obligations of any such corporations
 163-13  qualifying under Subdivision (1) of this subsection are rated
 163-14  either:  (i) AA or better by Standard and Poor's Bond Ratings
 163-15  service; or (ii) Aa or better by Moody's Bond Ratings service; or>
 163-16                          <(B)  eighty percent of the insurer's
 163-17  assets (excluding, however, those assets representing the minimum
 163-18  capital required for the insurer), but only if more than 50 percent
 163-19  of the total amount invested by the insurer in such bonds,
 163-20  evidences of indebtedness or obligations of any such corporations
 163-21  qualifying under Subdivision (1) of this subsection are rated
 163-22  either:  (i) BBB or better by Standard and Poor's Bond Ratings
 163-23  service; or (ii) Baa or better by Moody's Bond Ratings service; or>
 163-24                          <(C)  fifty percent of the insurer's
 163-25  assets;>
 163-26              (d)  International Market.  Bonds issued, assumed, or
 163-27  guaranteed by the Interamerican Development Bank, the International
  164-1  Bank for Reconstruction and Development (the World Bank), the Asian
  164-2  Development Bank, the State of Israel, the African Development
  164-3  Bank, and the International Finance Corporation; provided:
  164-4                    (1)  investments in the bonds of any one of the
  164-5  entities specified above may not exceed 20 percent of the insurer's
  164-6  capital and surplus; and
  164-7                    (2)  the aggregate of all investments made under
  164-8  this subsection may not exceed 20 percent of the insurer's assets;
  164-9              (e)  Policy Loans.  Loans upon the security of the
 164-10  insurer's own policies not in excess of the amount of the reserve
 164-11  values thereof;
 164-12              (f)  Time and Savings Deposits.  Any type or form of
 164-13  savings deposits, time deposits, certificates of deposit, NOW
 164-14  accounts, and money market accounts in solvent banks, savings and
 164-15  loan associations, and credit unions and branches thereof,
 164-16  organized under the laws of the United States of America or its
 164-17  states, when made in accordance with the laws or regulations
 164-18  applicable to such entities; provided the amount of the deposits in
 164-19  any one bank, savings and loan association, or credit union will
 164-20  not exceed the greater of:
 164-21                    (1)  twenty percent of the insurer's capital and
 164-22  surplus;
 164-23                    (2)  the amount of federal or state deposit
 164-24  insurance coverage pertaining to such deposit; or
 164-25                    (3)  ten percent of the amount of capital,
 164-26  surplus, and undivided profits of the entity receiving such
 164-27  deposits;
  165-1              (g)  Equipment Trusts.  Equipment trust obligations or
  165-2  certificates; provided:
  165-3                    (1)  any such obligation or certificate is
  165-4  secured by an interest in transportation equipment that is in whole
  165-5  or in part within the United States of America <and the amount of
  165-6  the obligation or certificate may not exceed 90 percent of the
  165-7  value of the equipment>;
  165-8                    (2)  the obligation or certificate provides a
  165-9  right to receive determined portions of rental, purchase, or other
 165-10  fixed obligatory payments for the use or purchase of the
 165-11  transportation equipment;
 165-12                    (3)  the obligation is classified as an
 165-13  obligation of a business entity and is subject to the limitations
 165-14  on obligations of business entities set forth in Subsection (c) of
 165-15  this section <investment in any one equipment trust obligation or
 165-16  certificate may not exceed 10 percent of the insurer's capital and
 165-17  surplus>; and
 165-18                    (4)  the aggregate of all investments made under
 165-19  this subsection may not exceed 10 percent of the insurer's assets;
 165-20              (h)  Common Stock.  Common stock of any corporation
 165-21  organized under the laws of the United States of America or any of
 165-22  its states, shares of mutual funds doing business under the
 165-23  Investment Company Act of 1940 (15 U.S.C.  Section 80a-1 et seq.),
 165-24  other than money market funds as defined in Subsection (s) of this
 165-25  section, and shares in real estate investment trusts as defined in
 165-26  the Internal Revenue Code of 1954 (26 U.S.C. Section 856);
 165-27  provided:
  166-1                    (1)  any such corporation, other than a mutual
  166-2  fund, must be solvent with at least $1,000,000 net worth as of the
  166-3  date of its latest annual or more recent certified audited
  166-4  financial statement or will have at least $1,000,000 of net worth
  166-5  after completion of a securities offering which is being subscribed
  166-6  to by the insurer;
  166-7                    (2)  mutual funds, other than money market funds
  166-8  as defined in Subsection (s) of this section, and real estate
  166-9  investment trusts must be solvent with at least $1,000,000 of net
 166-10  assets as of the date of its latest annual or more recent certified
 166-11  audited financial statement;
 166-12                    (3)  investments in any one corporation, mutual
 166-13  fund, other than a money market fund as defined in Subsection (s)
 166-14  of this section, or real estate investment trust may not exceed 15
 166-15  <10> percent of the insurer's capital and surplus; and
 166-16                    (4)  the aggregate of all investments made under
 166-17  this subsection may not exceed 25 <20> percent of the insurer's
 166-18  assets;
 166-19              (i)  Preferred Stock.  Preferred stock of corporations
 166-20  organized under the laws of the United States of America or any of
 166-21  its states; provided:
 166-22                    (1)  such corporation must be solvent with at
 166-23  least $1,000,000 of net worth as of the date of its latest annual
 166-24  or more recent certified audited financial statement or will have
 166-25  at least $1,000,000 of net worth after completion of a security
 166-26  offering which is being subscribed to by the insurer;
 166-27                    (2)  investments in the preferred stock of any
  167-1  one corporation will not exceed 20 percent of the insurer's capital
  167-2  and surplus;
  167-3                    (3)  in the aggregate not more than 10 percent of
  167-4  the insurer's assets may be invested in preferred stock, the
  167-5  redemption and retirement of which is not provided for by a sinking
  167-6  fund meeting the standards established by the National Association
  167-7  of Insurance Commissioners to value the preferred stock at cost;
  167-8  and
  167-9                    (4)  the aggregate of all investments made under
 167-10  this subsection may not exceed 40 percent of the insurer's assets;
 167-11              (j)  Collateral Loans.  Collateral loans secured by a
 167-12  first lien upon or a valid and perfected first security interest in
 167-13  an asset; provided:
 167-14                    (1)  the amount of any such collateral loan will
 167-15  not exceed 80 percent of the value of the collateral asset at any
 167-16  time during the duration of the loan; and
 167-17                    (2)  the asset used as collateral would be
 167-18  authorized for direct investment by the insurer under other
 167-19  provisions of this Section 4, except real property in Subsection
 167-20  (l);
 167-21              (k)  Real Estate Loans.  Notes, evidences of
 167-22  indebtedness, or participations therein secured by a valid first
 167-23  lien upon real property or leasehold estate therein located in the
 167-24  United States of America; provided:
 167-25                    (1)  the amount of any such obligation secured by
 167-26  a first lien upon real property or leasehold estate therein shall
 167-27  not exceed 90 percent of the value of such real property or
  168-1  leasehold estate therein, but the amount of such obligation:
  168-2                          (A)  may exceed 90 percent but shall not
  168-3  exceed 100 percent of the value of such real property or leasehold
  168-4  estate therein if the insurer or one or more wholly owned
  168-5  subsidiaries of the insurer owns in the aggregate a 10 percent or
  168-6  greater equity interest in such real property or leasehold estate
  168-7  therein;
  168-8                          (B)  may be 95 percent of the value of such
  168-9  real property or leasehold estate therein if it contains only a
 168-10  dwelling designed exclusively for occupancy by not more than four
 168-11  families for residential purposes, and the portion of the unpaid
 168-12  balance of such obligation which is in excess of an amount equal to
 168-13  90 percent of such value is guaranteed or insured by a mortgage
 168-14  insurance company qualified to do business in the State of Texas;
 168-15  or
 168-16                          (C)  may be greater than 90 percent of the
 168-17  value of such real property or leasehold estate therein to the
 168-18  extent the obligation is insured or guaranteed by the United States
 168-19  of America, the Federal Housing Administration pursuant to the
 168-20  National Housing Act of 1934, as amended (12 U.S.C. Section 1701 et
 168-21  seq.), or the State of Texas; and
 168-22                    (2)  the term of an obligation secured by a first
 168-23  lien upon a leasehold estate in real property shall not exceed a
 168-24  period equal to four-fifths of the then unexpired term of such
 168-25  leasehold estate; provided the unexpired term of the leasehold
 168-26  estate must extend at least 10 years beyond the term of the
 168-27  obligation, and each obligation shall be payable in an installment
  169-1  or installments of sufficient amount or amounts so that at any time
  169-2  after the expiration of two-thirds of the original loan term, the
  169-3  principal balance will be no greater than the principal balance
  169-4  would have been if the loan had been amortized over the original
  169-5  loan term in equal monthly, quarterly, semiannual, or annual
  169-6  payments of principal and interest, it being required that under
  169-7  any method of repayment such obligation will fully amortize during
  169-8  a period of time not exceeding four-fifths of the then unexpired
  169-9  term of the security leasehold estate; and
 169-10                    (3)  if any part of the value of buildings is to
 169-11  be included in the value of such real property or leasehold estate
 169-12  therein to secure the obligations provided for in this subsection,
 169-13  such buildings shall be covered by adequate property insurance,
 169-14  including but not limited to fire and extended coverage insurance
 169-15  issued by a company authorized to transact business in the State of
 169-16  Texas or by a company recognized as acceptable for such purpose by
 169-17  the insurance regulatory official of the state in which such real
 169-18  estate is located, and the amount of insurance granted in the
 169-19  policy or policies shall be not less than the unpaid balance of the
 169-20  obligation or the insurable value of such buildings, whichever is
 169-21  the lesser; the loss clause shall be payable to the insurer as its
 169-22  interest may appear; and
 169-23                    (4)  to the extent any note, evidence of
 169-24  indebtedness, or participation therein under this subsection
 169-25  represents an equity interest in the underlying real property, the
 169-26  value of such equity interest shall be determined at the time of
 169-27  execution of such note, evidence of indebtedness, or participation
  170-1  therein and that portion shall be designated as an investment
  170-2  subject to the provisions of Subsection (l)(2) of this section; and
  170-3                    (5)  the amount of any one such obligation may
  170-4  not exceed 25 percent of the insurer's capital and surplus; and
  170-5                    (6)  a first lien on real property may be
  170-6  purchased after its origination if the first lien is insured by a
  170-7  mortgagee's title policy issued to the original mortgagee that
  170-8  contains a provision that inures the policy to the use and benefit
  170-9  of the owners of the evidence of debt indicated in the policy and
 170-10  to any subsequent owners of that evidence of debt, and if the
 170-11  insurer maintains evidence of assignments or other transfers of the
 170-12  first lien on real property to the insurer.  An assignment or other
 170-13  transfer to the insurer, duly recorded in the county in which the
 170-14  real property is located, shall be presumed to create legal
 170-15  ownership of the first lien by the insurer;
 170-16              (l)  Real Estate.  Real property fee simple or
 170-17  leasehold estates located within the United States of America, as
 170-18  follows:
 170-19                    (1)  home and branch office real property or
 170-20  participations therein, which must be materially enhanced in value
 170-21  by the construction of durable, permanent-type buildings and other
 170-22  improvements costing an amount at least equal to the cost of such
 170-23  real property, exclusive of buildings and improvements at the time
 170-24  of acquisition, or by the construction of such buildings and
 170-25  improvements which must be commenced within two years of the date
 170-26  of the acquisition of such real property; provided:
 170-27                          (A)  at least 30 percent of the available
  171-1  space in such building shall be occupied for the business purposes
  171-2  of the insurer and its affiliates; and
  171-3                          (B)  the aggregate investment in such home
  171-4  and branch offices shall not exceed 20 percent of the insurer's
  171-5  assets; and
  171-6                    (2)  other investment property or participations
  171-7  therein, which must be materially enhanced in value by the
  171-8  construction of durable, permanent-type buildings and other
  171-9  improvements costing an amount at least equal to the cost of such
 171-10  real property, exclusive of buildings and improvements at the time
 171-11  of acquisition, or by the construction of such buildings and
 171-12  improvements which must be commenced within two years of the date
 171-13  of acquisition of such real property; provided that such investment
 171-14  in any one piece of property or interest therein, including the
 171-15  improvements, fixtures, and equipment pertaining thereto may not
 171-16  exceed five percent of the insurer's assets; provided, however,
 171-17  nothing in this article shall allow ownership of, development of,
 171-18  or equity interest in any residential property or subdivision,
 171-19  single or multiunit family dwelling property, or undeveloped real
 171-20  estate for the purpose of subdivision for or development of
 171-21  residential, single, or multiunit family dwellings, except
 171-22  acquisitions as provided in Subdivision (4) below, and such
 171-23  ownership, development, or equity interests shall be specifically
 171-24  prohibited;
 171-25                    (3)  the admissible asset value of each such
 171-26  investment in the properties acquired under Subdivisions (1) and
 171-27  (2) of this subsection shall be subject to review and approval by
  172-1  the Commissioner of Insurance.  The commissioner shall have
  172-2  discretion at the time such investment is made or any time when an
  172-3  examination of the company is being made to cause any such
  172-4  investment to be appraised by an appraiser, appointed by the
  172-5  commissioner, and the reasonable expense of such appraisal shall be
  172-6  paid by such insurance company and shall be deemed to be a part of
  172-7  the expense of examination of such company; if the appraisal is
  172-8  made upon application of the company, the expense of such appraisal
  172-9  shall not be considered a part of the expense of examination of
 172-10  such company; no insurance company may hereafter make any write-up
 172-11  in the valuation of any of the properties described in Subdivision
 172-12  (1) or (2) of this subsection unless and until it makes application
 172-13  therefor and such increase in valuation shall be approved by the
 172-14  commissioner; and
 172-15                    (4)  other real property acquired:
 172-16                          (A)  in good faith by way of security for
 172-17  loans previously contracted or money due; or
 172-18                          (B)  in satisfaction of debts previously
 172-19  contracted for in the course of its dealings; or
 172-20                          (C)  by purchase at sales under judgment or
 172-21  decrees of court, or mortgage or other lien held by such insurer;
 172-22  and
 172-23                    (5)  regardless of the mode of acquisition
 172-24  specified herein, upon sale of any such real property, the fee
 172-25  title to the mineral estate or any portion thereof may be retained
 172-26  by the insurance company indefinitely;
 172-27              (m)  Oil, Gas, and Minerals.  In addition to and
  173-1  without limitation on the purposes for which real property may be
  173-2  acquired, secured, held, or retained pursuant to other provisions
  173-3  of this section, every such insurance company may secure, hold,
  173-4  retain, and convey production payments, producing royalties and
  173-5  producing overriding royalties, or participations therein as an
  173-6  investment for the production of income; provided:
  173-7                    (1)  in no event may such company carry such
  173-8  assets in an amount in excess of 90 percent of the appraised value
  173-9  thereof; and
 173-10                    (2)  no one investment under this subsection may
 173-11  exceed 10 percent of the insurer's capital and surplus in excess of
 173-12  statutory minimum capital and surplus applicable to that insurer,
 173-13  and the aggregate of all such investments may not exceed 10 percent
 173-14  of the insurer's assets as of December 31st next preceding the date
 173-15  of such investment; and
 173-16                    (3)  for the purposes of this subsection, the
 173-17  following definitions apply:
 173-18                          (A)  a production payment is defined to
 173-19  mean a right to oil, gas, or other minerals in place or as produced
 173-20  that entitles its owner to a specified fraction of production until
 173-21  a specified sum of money, or a specified number of units of oil,
 173-22  gas, or other minerals, has been received;
 173-23                          (B)  a royalty and an overriding royalty
 173-24  are each defined to mean a right to oil, gas, and other minerals in
 173-25  place or as produced that entitles the owner to a specified
 173-26  fraction of production without limitation to a specified sum of
 173-27  money or a specified number of units of oil, gas, or other
  174-1  minerals;
  174-2                          (C)  "producing" is defined to mean
  174-3  producing oil, gas, or other minerals in paying quantities,
  174-4  provided that it shall be deemed that oil, gas, or other minerals
  174-5  are being produced in paying quantities if a well has been "shut
  174-6  in" and "shut-in royalties" are being paid;
  174-7              (n)  Foreign Countries and United States Territories.
  174-8  In addition to the investments in Canada authorized in other
  174-9  subsections of this section, investments <Investments> in other
 174-10  foreign countries or in commonwealths, territories, or possessions
 174-11  of the United States <where the insurer conducts an insurance
 174-12  business>; provided:
 174-13                    (1)  such investments are similar to those
 174-14  authorized for investment within the United States of America or
 174-15  Canada by other provisions of this section and are rated one or two
 174-16  by the Securities Valuation Office of the National Association of
 174-17  Insurance Commissioners; and
 174-18                    (2)  such investments when added to the amount of
 174-19  similar investments made within the United States and Canada do not
 174-20  result in the combined total of such investments exceeding the
 174-21  limitations specified in Subsections (a) through (p) of this
 174-22  section; and
 174-23                    (3)  such investments may not exceed the sum of:
 174-24                          (A)  the amount of reserves attributable to
 174-25  the business in force in said countries, if any, and any additional
 174-26  investments<; provided, however, such investments may exceed such
 174-27  reserves to the extent> required by any country as a condition to
  175-1  doing business therein, <but to the extent such investments exceed
  175-2  such reserves said investments shall not be considered as admitted
  175-3  assets of the insurer>; and
  175-4                          (B)  five percent of the insurer's assets;
  175-5              (o)  Investments Not Otherwise Specified.  Investments
  175-6  which are not otherwise authorized by this article and which are
  175-7  not specifically prohibited by statute, including that portion of
  175-8  any investments which may exceed the limits specified in
  175-9  Subsections (a) through (n) of this section; provided:
 175-10                    (1)  if any aggregate or individual specified
 175-11  investment limitation in Subsections (a) through (n) of this
 175-12  section is exceeded, then the excess portion of such investment
 175-13  shall be an investment under this subsection; and
 175-14                    (2)  the burden of establishing the value of such
 175-15  investments shall be upon the insurer; and
 175-16                    (3)  the amount of any one such investment may
 175-17  not exceed 10 percent of the insurer's capital and surplus in
 175-18  excess of the statutory minimum capital and surplus applicable to
 175-19  that insurer; and
 175-20                    (4)  the aggregate of all investments made under
 175-21  this subsection may not exceed the lesser of either five percent of
 175-22  the insurer's assets or the insurer's capital and surplus in excess
 175-23  of the statutory minimum capital and surplus applicable to that
 175-24  insurer;
 175-25              (p)  Other Authorized Investments.  Those other
 175-26  investments as follows:
 175-27                    (1)  any investment held by an insurer on the
  176-1  effective date of this Act, which was legally authorized at the
  176-2  time it was made or acquired or which the insurer was authorized to
  176-3  hold or possess immediately prior to such effective date, but which
  176-4  does not conform to the requirements of the investments authorized
  176-5  in Subsections (a) through (o) of this section, may continue to be
  176-6  held by and considered as an admitted asset of the insurer;
  176-7  provided the investment is disposed of at its maturity date, if
  176-8  any, or within the time prescribed by the law under which it was
  176-9  acquired, if any; and provided further, in no event shall the
 176-10  provisions of this subdivision alter the legal or accounting status
 176-11  of such asset; and
 176-12                    (2)  any other investment which may be authorized
 176-13  by other provisions of this code or by other laws of this state for
 176-14  the insurers which are subject to this article.
 176-15              (q)  Special Limitations for Certain Fixed Annuity
 176-16  Insurers.  The quantitative limitations imposed above in
 176-17  Subsections (b)(2), (c)(2), (f)(1), (g)(3), (h)(3), (i)(2), and
 176-18  (k)(5) of this section shall not apply to any insurer with assets
 176-19  in excess of $2,500,000,000 and that receives more than 90 percent
 176-20  of its premium income from fixed rate annuity contracts and that
 176-21  has more than 90 percent of its assets allocated to its reserves
 176-22  held for fixed rate annuity contracts, excluding, however, any
 176-23  premium income, assets, and reserves received from, held for, or
 176-24  allocated to separate accounts from the computation of the above
 176-25  percentages, and in lieu thereof, the following quantitative
 176-26  limitations shall apply to such insurers:
 176-27                    (1)  the limitation in Subsection (b)(2) of this
  177-1  section shall be two percent of the insurer's assets;
  177-2                    (2)  the limitation in Subsection (c)(2) of this
  177-3  section shall be two percent of the insurer's assets;
  177-4                    (3)  the limitation in Subsection (f)(1) of this
  177-5  section shall be two percent of the insurer's assets;
  177-6                    (4)  the limitation in Subsection (g)(3) of this
  177-7  section shall be one percent of the insurer's assets;
  177-8                    (5)  the limitation in Subsection (h)(3) of this
  177-9  section shall be one percent of the insurer's assets;
 177-10                    (6)  the limitation in Subsection (i)(2) of this
 177-11  section shall be two percent of the insurer's assets; and
 177-12                    (7)  the limitation in Subsection (k)(5) of this
 177-13  section shall be two percent of the insurer's assets.
 177-14              (r)  Premium Loans.  Loans to finance the payment of
 177-15  premiums for the insurer's own insurance policies or annuity
 177-16  contracts; provided that the amount of any such loan does not
 177-17  exceed the sum of:  (i) the available cash value of such insurance
 177-18  policy or annuity contract; and (ii) the amount of any escrowed
 177-19  commissions payable relating to such insurance policy or annuity
 177-20  contract for which the premium loan is made; and
 177-21              (s)  Money Market Funds.  (1)  Money market funds as
 177-22  defined by 17 CFR 270.2a-7 under the Investment Company Act of 1940
 177-23  (15 U.S.C. 80a-1 et seq.)  that meet the following additional
 177-24  conditions:
 177-25                          (A)  the funds invest 100 percent of total
 177-26  assets in United States treasury bills, notes, and bonds, and
 177-27  collateralized repurchase agreements composed of those obligations
  178-1  at all times;
  178-2                          (B)  the funds invest 100 percent of total
  178-3  assets in other full faith and credit instruments of the United
  178-4  States; or
  178-5                          (C)  the funds invest at least 95 percent
  178-6  of total assets in exempt securities, short-term debt instruments
  178-7  with a maturity of 397 days or less, class one bonds, and
  178-8  collateralized repurchase agreements composed of those securities
  178-9  at all times;
 178-10                    (2)  For purposes of complying with Subsection
 178-11  (h) of this section, money market funds qualifying for listing
 178-12  within these categories must conform to the purpose and procedures
 178-13  manual of the valuation of securities manual of the National
 178-14  Association of Insurance Commissioners.
 178-15              (t)  The percentage authorizations and limitations set
 178-16  forth in any and all of the provisions of this section shall apply
 178-17  at the time of originally making such investments and shall not be
 178-18  applicable to the company or such investment thereafter.
 178-19        SECTION 7.12.  Section 3(d), Article 21.49-1, Insurance Code,
 178-20  is amended to read as follows:
 178-21        (d)  Amendments to Registration Statements.  Each registered
 178-22  insurer shall keep current the information required to be disclosed
 178-23  in its registration statement by reporting all material changes or
 178-24  additions within 15 days after the end of the month in which it
 178-25  learns of each such change or addition, except that the insurer is
 178-26  not required to report a transaction under this subsection that is
 178-27  authorized under Subsection 4(d) of this section.  In addition,<;
  179-1  provided, however, that> subject to Subsection (c) of Section 4,
  179-2  each registered insurer shall <so> report all dividends and other
  179-3  distributions to shareholders within two business days following
  179-4  the declaration thereof<;> and at least 10 days before the date of
  179-5  payment.  For purposes of determining compliance with those
  179-6  deadlines, reports are considered to be made when received by the
  179-7  Texas Department of Insurance.  Reports under this subsection are
  179-8  for informational purposes only.  The commissioner shall adopt
  179-9  rules that establish procedures to:
 179-10              (1)  consider the prepayment notices promptly, that
 179-11  shall include the standards set forth under Section 4(b), Article
 179-12  21.49-1 of this code;
 179-13              (2)  review annually all reported ordinary dividends
 179-14  paid within the preceding twelve months; and
 179-15              (3)  take such appropriate actions as may be authorized
 179-16  by other provisions of this code <provided further that any
 179-17  transaction authorized by Section 4(d) hereof need not be reported
 179-18  under this subsection>.
 179-19        SECTION 7.13.  Section 4(b), Article 21.49-1, Insurance Code,
 179-20  is amended to read as follows:
 179-21              (b)  Adequacy of Surplus.  For the purposes of this
 179-22  article, in determining whether an insurer's surplus as regards
 179-23  policyholders is reasonable in relation to the insurer's
 179-24  outstanding liabilities and adequate to its financial needs, the
 179-25  following factors, among others, shall be considered:
 179-26              (1)  the size of the insurer as measured by its assets,
 179-27  capital and surplus, reserves, premium writings, insurance in
  180-1  force, and other appropriate criteria;
  180-2              (2)  the extent to which the insurer's business is
  180-3  diversified among the several lines of insurance;
  180-4              (3)  the number and size of risks insured in each line
  180-5  of business;
  180-6              (4)  the extent of the geographical dispersion of the
  180-7  insurer's insured risks;
  180-8              (5)  the nature and extent of the insurer's reinsurance
  180-9  program;
 180-10              (6)  the quality, diversification, and liquidity of the
 180-11  insurer's investment portfolio;
 180-12              (7)  the recent past and projected future trend in the
 180-13  size of the insurer's surplus as regards policyholders and the
 180-14  insurer's investment portfolio;
 180-15              (8)  the surplus as regards policyholders maintained by
 180-16  other comparable insurers;
 180-17              (9)  the adequacy of the insurer's reserves; <and>
 180-18              (10)  the quality and liquidity of investments in
 180-19  subsidiaries made pursuant to Section 6.  The commissioner may
 180-20  treat any such investment as a nonadmitted or disallowed asset for
 180-21  purposes of determining the adequacy of surplus as regards
 180-22  policyholders whenever in his judgment such investment so warrants;
 180-23  and
 180-24              (11)  the quality of the insurer's earnings and the
 180-25  extent to which the insurer's reported earnings include
 180-26  extraordinary items.
 180-27        SECTION 7.14.  Section 3A, Article 21.39-A, Insurance Code,
  181-1  is amended by adding Subsection (c) to read as follows:
  181-2        (c)  This Act does not apply to a reinsurance agreement or
  181-3  any trust account related to the reinsurance agreement if the
  181-4  agreement and trust account meet the requirements of Article 3.10
  181-5  or 5.75-1 of this code.
  181-6        SECTION 7.15.  Section 1, Article 21.39-B, Insurance Code, is
  181-7  amended to read as follows:
  181-8        Sec. 1.  Any director, member of a committee, or officer, or
  181-9  any clerk of a domestic company, who is charged with the duty of
 181-10  handling or investing its funds, shall not:
 181-11              (1)  deposit or invest such funds, except in the
 181-12  corporate name of such company, provided, however, that securities
 181-13  kept under a custodial agreement or trust agreement with a bank,
 181-14  federal home loan bank, or trust company may be issued in the name
 181-15  of a nominee of such bank, federal home loan bank, or trust company
 181-16  if such bank, federal home loan bank, or trust company has
 181-17  corporate trust powers and is duly authorized to act as a custodian
 181-18  or trustee and is organized under the laws of the United States of
 181-19  America or any state thereof and either (i) is a member of the
 181-20  Federal Reserve System, (ii) is a member of or is eligible to
 181-21  receive deposits which are insured by the Federal Deposit Insurance
 181-22  Corporation, <or> (iii) maintains an account with a Federal Reserve
 181-23  Bank and is subject to supervision and examination by the Board of
 181-24  Governors of the Federal Reserve System, or (iv) is subject to
 181-25  supervision and examination by the Federal Housing Finance Board;
 181-26              (2)  borrow the funds of such company;
 181-27              (3)  be interested in any way in any loan, pledge,
  182-1  security, or property of such company, except as stockholder; or
  182-2              (4)  take or receive to his own use any fee, brokerage,
  182-3  commission, gift, or other consideration for, or on account of, a
  182-4  loan made by or on behalf of such company.
  182-5        SECTION 7.16.  Section 4(a), Article 21.39-B, Insurance Code,
  182-6  is amended to read as follows:
  182-7        (a)  A domestic insurance company may evidence its ownership
  182-8  of securities either through definitive certificates or through
  182-9  uncertificated securities as defined by the Business & Commerce
 182-10  Code and as provided by Section 6 of this article.  The insurance
 182-11  company<, or it> may deposit or arrange through its agents,
 182-12  brokers, or dealers for the deposit of securities held in or
 182-13  purchased for its general account or its separate accounts in
 182-14  either a clearing corporation or the Federal Reserve Book Entry
 182-15  System.  When securities are deposited with a clearing corporation
 182-16  directly or deposited indirectly through a participating custodian
 182-17  bank, certificates representing securities of the same class of the
 182-18  same issuer may be merged and held in bulk in the name of nominee
 182-19  of such clearing corporation with any other securities deposited
 182-20  with such clearing corporation by any person, regardless of the
 182-21  ownership of such securities, and certificates representing
 182-22  securities of small denominations may be merged into one or more
 182-23  certificates of larger denominations.  The records of any agent,
 182-24  broker, dealer, or member banks through which an insurance company
 182-25  holds securities in the Federal Reserve Book Entry System and the
 182-26  record of any custodian banks through which an insurance company
 182-27  holds securities in a clearing corporation shall at all times show
  183-1  that such securities are held for such insurance company and for
  183-2  which accounts thereof.  To be eligible to act as a participating
  183-3  custodian bank under this subsection, a bank must enter a custodial
  183-4  agreement with the insurance company for which it is to act as a
  183-5  participating custodian bank.
  183-6        SECTION 7.17.  Article 21.39-B, Insurance Code, is amended by
  183-7  adding Section 6 to read as follows:
  183-8        Sec. 6.  The State Board of Insurance shall adopt rules
  183-9  authorizing a domestic insurance company to demonstrate ownership
 183-10  of an uncertificated security consistent with common practices of
 183-11  securities exchanges and markets.  The rules shall establish:
 183-12              (1)  standards for the types of uncertificated
 183-13  securities that may be held;
 183-14              (2)  the manner in which ownership of the security may
 183-15  be demonstrated; and
 183-16              (3)  adequate financial safeguards relating to the
 183-17  ownership of uncertificated securities.
 183-18        SECTION 7.18.  Notwithstanding Section 8(b), Article 1.14-2,
 183-19  Insurance Code, as amended by this Act, each insurer subject to the
 183-20  minimum capital and surplus requirements of that section shall have
 183-21  a minimum capital and surplus of not less than:
 183-22              (1)  $9 million not later than December 31, 1993;
 183-23              (2)  $12 million not later than December 31, 1994; and
 183-24              (3)  $15 million not later than December 31, 1995.
 183-25        SECTION 7.19.  Article 1.16(b), Insurance Code, as amended by
 183-26  this Act, applies only to an assessment made by the State Board of
 183-27  Insurance on or after September 1, 1993.   An assessment made
  184-1  before that date is governed by the law in effect on the date that
  184-2  the assessment is made, and the former law is continued in effect
  184-3  for that purpose.
  184-4        SECTION 7.20.  Article 1.39, Insurance Code, as amended by
  184-5  this Act, applies only to a subordinated indebtedness created on or
  184-6  after the effective date of this Act.
  184-7        SECTION 7.21.  (a)  Section 4(c), Article 3.33, Insurance
  184-8  Code, as amended by this Act, does not prohibit an insurer from
  184-9  acquiring an obligation that it has committed to acquire within the
 184-10  nine months preceding the effective date of this Act if the insurer
 184-11  would have been permitted to acquire that obligation under Section
 184-12  4, Article 3.33, Insurance Code, as it existed before amendment by
 184-13  this Act on the date on which the insurer committed to purchase
 184-14  that obligation.
 184-15        (b)  Section 4(c), Article 3.33, Insurance Code, as amended
 184-16  by this Act, does not require an insurer to sell or otherwise
 184-17  dispose of any obligation:
 184-18              (1)  legally acquired before the effective date of this
 184-19  Act; or
 184-20              (2)  if acquired on or after the effective date of this
 184-21  Act, that satisfied the conditions of that subsection on the date
 184-22  of the acquisition, but that subsequently fails to satisfy those
 184-23  conditions.
 184-24        SECTION 7.22.  Section 8(e), Article 1.14-2, Insurance Code,
 184-25  is amended to read as follows:
 184-26        (e)  Instead of the minimum capital and surplus requirements
 184-27  provided by this section, a <an unincorporated> group of <alien
  185-1  individual> insurers, which group includes unincorporated
  185-2  individual insurers, may maintain a trust fund in an amount not
  185-3  less than $50 million as security to the full amount of the trust
  185-4  fund for all policyholders and creditors in the United States of
  185-5  each member of the group.  Except as specifically otherwise
  185-6  provided by this subsection, the trust fund must comply with the
  185-7  terms and conditions provided by Subsection (d) of this section for
  185-8  the trust fund required by that subsection.
  185-9        ARTICLE 8.  CONSOLIDATION, LIQUIDATION, REHABILITATION,
 185-10              REORGANIZATION, OR CONSERVATION OF INSURERS
 185-11        SECTION 8.01.  Subsection (a), Section 2, Article 21.28,
 185-12  Insurance Code, is amended to read as follows:
 185-13        (a)  Receiver Taking Charge; Commissioner and Powers and
 185-14  Duties.  Whenever under the law of this State a court of competent
 185-15  jurisdiction finds that a receiver should take charge of the assets
 185-16  of an insurer domiciled in this State, the commissioner of
 185-17  insurance or a person designated by the commissioner under contract
 185-18  shall act as receiver.  The receiver shall forthwith take
 185-19  possession of the assets of such insurer and deal with the same in
 185-20  the person's own name as receiver or in the name of the insurer as
 185-21  the court may direct.  The receiver has the powers specified in
 185-22  this code.  A person designated by the commissioner to act as
 185-23  special deputy receiver under contract is subject to the
 185-24  performance standards imposed by this subsection.  It is the intent
 185-25  of the legislature that <continuous> oversight of the special
 185-26  deputy receivers and guaranty associations shall be conducted by
 185-27  the commissioner.  The commissioner shall use a competitive bidding
  186-1  process in the selection of special deputy receivers and shall
  186-2  establish specifications for the position of special deputy
  186-3  receiver.  The special deputy receiver shall submit monthly written
  186-4  reports to the court and commissioner that state the special deputy
  186-5  receiver's business plan for the receivership, including expenses
  186-6  incurred in administering the receivership during the preceding
  186-7  month and an estimate of those expenses for the succeeding month.
  186-8  The report must include a cost-benefit analysis on the expenditure
  186-9  of funds other than funds spent for the payment of claims.  The
 186-10  business plan report must include a budget of monthly expenses that
 186-11  explains any variation from the original projection.  The business
 186-12  plan report must include a list of any lawyers or law firms that
 186-13  offered to or did represent the special deputy receiver in relation
 186-14  to its duties under this article, and any hours billed or fees paid
 186-15  to a lawyer or law firm that represented the special deputy
 186-16  receiver.  The special deputy receiver shall submit the business
 186-17  plan report to the attorney general on a quarterly basis, and the
 186-18  attorney general may make recommendations to the commissioner based
 186-19  on the report.  In addition to the business plan report, the
 186-20  special deputy receiver shall submit a monthly report to the
 186-21  commissioner relating to the special deputy receiver's activities
 186-22  in administering the receivership.  Upon written application by the
 186-23  special deputy receiver and with approval of the commissioner, the
 186-24  court may suspend the requirement for monthly reports or require
 186-25  reports less frequently based upon a showing that the costs of such
 186-26  reports exceed the benefit derived from their filing.
 186-27        SECTION 8.02.  Sections 3(f) and (g), Article 21.28,
  187-1  Insurance Code, are amended to read as follows:
  187-2        (f)  Offsets.  In all cases of mutual debts or mutual
  187-3  credits, whether arising out of one or more contracts between the
  187-4  insurer and another person in connection with any claim or
  187-5  proceeding under this Article, such credits and debts shall be set
  187-6  off and the balance only shall be allowed or paid, except as
  187-7  provided in subsection (g).
  187-8        (g)  No Offsets.  No offsets shall be allowed in favor of any
  187-9  person where (1) the obligation of the insurer to such person would
 187-10  not at the date of the commencement of the delinquency proceedings
 187-11  or as otherwise provided in Section 2(c), entitle him to share as a
 187-12  claimant in the assets of such insurer, or (2) the obligation of
 187-13  the insurer to such person was purchased by or transferred to such
 187-14  person subsequent to the commencement of the delinquency
 187-15  proceedings or for the purpose of increasing offset rights <with a
 187-16  view of its being used as an offset>, or (3) the obligation of such
 187-17  person is to pay an assessment levied against the members of a
 187-18  mutual insurer, or reciprocal exchange, or underwriters at Lloyds,
 187-19  or to pay a balance upon a subscription to the capital stock of a
 187-20  stock insurance corporation, or (4) the obligation of such person
 187-21  is as a trustee or fiduciary, or (5) the obligations between the
 187-22  person and the insurer arise from reinsurance transactions in which
 187-23  either the person or the insurer has assumed risks and obligations
 187-24  from the other party and then has ceded back to that party
 187-25  substantially the same risks and obligations.  The receiver shall
 187-26  provide persons with accounting statements identifying all debts
 187-27  that are due and payable.  If a person owes the insurer amounts
  188-1  that are due and payable, against which the person asserts offset
  188-2  of mutual credits that may become due and payable from the insurer
  188-3  in the future, the person shall promptly pay to the receiver the
  188-4  amounts due and payable.  Notwithstanding Section 8, or any other
  188-5  provision of this Article, the receiver shall promptly and fully
  188-6  refund, to the extent of the person's prior payments, any mutual
  188-7  credits that become due and payable to the person by the insurer.
  188-8        SECTION 8.03.  Article 21.28, Insurance Code, is amended by
  188-9  adding Section 7A to read as follows:
 188-10        Sec. 7A.  EARLY ACCESS DISTRIBUTION.  (a)  Within 120 days of
 188-11  the commencement of the insolvency proceeding against an impaired
 188-12  insurer, the liquidator or a special deputy receiver appointed
 188-13  under this Article may make application to the court for approval
 188-14  of a proposal to disburse assets out of marshaled assets, from time
 188-15  to time as such assets become available, to a guaranty association
 188-16  or foreign guaranty association having Class 1 or Class 2 claims
 188-17  against the estate of the impaired insurer because of such
 188-18  insolvency.  If the receiver or special deputy receiver fails to
 188-19  make such application within 120 days, the guaranty association may
 188-20  submit an application to the court requesting that the receiver or
 188-21  special deputy receiver submit a proposal to disburse assets.  If
 188-22  the liquidator or special deputy receiver determines that there are
 188-23  insufficient assets to disburse, the application required by this
 188-24  section shall be considered satisfied by a filing by the liquidator
 188-25  or special deputy receiver stating the reasons for this
 188-26  determination.
 188-27        (b)  Such proposal shall, at a minimum, include provisions
  189-1  for:
  189-2              (1)  reserving amounts sufficient to allow the payment
  189-3  of Class 1 claims, and to the extent the assets of the insolvent
  189-4  insurer will allow any payment to be made on Class 2 claims,
  189-5  reserving amounts sufficient to provide equal pro-rata
  189-6  distributions to the Class 2 claimants other than the guaranty
  189-7  associations;
  189-8              (2)  disbursement of the assets marshaled to date and
  189-9  the subsequent distribution of assets as they become available;
 189-10              (3)  equitable allocation of disbursements to each of
 189-11  the guaranty associations and foreign guaranty associations
 189-12  entitled thereto;
 189-13              (4)  the securing of the liquidator or special deputy
 189-14  receiver from each of the associations entitled to disbursements
 189-15  pursuant to this section of an agreement to return to the
 189-16  liquidator upon request and approval by the court such assets,
 189-17  together with income on assets previously disbursed, as may be
 189-18  required to pay Class 1 claimants and any federal claimants
 189-19  asserting priority claims.  No bond shall be required of any such
 189-20  association; and
 189-21              (5)  a full report to be made by each association to
 189-22  the liquidator or special deputy receiver, as requested by the
 189-23  liquidator or special deputy receiver, but no more frequently than
 189-24  quarterly, accounting for the assets so disbursed to the
 189-25  association, all disbursements made therefrom, any interest earned
 189-26  by the association on such assets and any other matter as the court
 189-27  may direct.
  190-1        (c)  The proposal submitted by the liquidator or special
  190-2  deputy receiver shall provide for disbursements to the associations
  190-3  in amounts estimated at least equal to the claim payments made or
  190-4  to be made thereby for which such associations could assert a claim
  190-5  against the liquidator, and shall further provide that if the
  190-6  assets available for disbursement from time to time do not equal or
  190-7  exceed the amount of such claim payments made or to be made by the
  190-8  association, then disbursements shall be made for the pro-rata
  190-9  amount of the association's Class 2 claim.
 190-10        (d)  The proposal submitted by the liquidator or special
 190-11  deputy receiver shall, with respect to an insolvent insurer writing
 190-12  life or health insurance or annuities, provide for disbursement of
 190-13  assets to any guaranty association or foreign guaranty association
 190-14  covering life or health insurance or annuities or to any other
 190-15  entity or organization reinsuring, assuming, or guaranteeing
 190-16  policies or contracts of insurance under the acts creating such
 190-17  associations.
 190-18        (e)  Notice of the application shall be given to the
 190-19  association in and to the commissioners of insurance of each of the
 190-20  states.  Notice shall be considered to have been given when
 190-21  deposited in the United States certified mail, first class postage
 190-22  prepaid, at least 30 days prior to the submission of the
 190-23  application to the court.  Action of the application may be taken
 190-24  by the court if notice has been given and if the liquidator's or
 190-25  special deputy receiver's proposal complies with the requirements
 190-26  of this section.  Notice of the application shall be given to those
 190-27  Class 1 and Class 2 claimants that are reasonably ascertainable in
  191-1  a manner deemed appropriate by the court, including notice by
  191-2  publication.
  191-3        SECTION 8.04.  Subsection (a), Section 8, Article 21.28,
  191-4  Insurance Code, is amended to read as follows:
  191-5        (a)  Priority of Distribution of Assets.  The
  191-6  <Notwithstanding any other provision of law, the> priority of
  191-7  distribution of assets from the insurer's estate shall be in
  191-8  accordance with the disbursement plan approved by the court
  191-9  pursuant to Section 7A of this Article, and in accordance with the
 191-10  order of each class as provided by this subsection.  Every claim in
 191-11  each class shall be paid in full or adequate funds retained for
 191-12  such payment before the members of the next class receive any
 191-13  payment.  No subclasses shall be established within any class.
 191-14  <Additional subclasses may not be established within any class.>
 191-15        Class 1.
 191-16              (1)  All of the receiver's, conservator's, and
 191-17  supervisor's costs and expenses of administration, including
 191-18  repayment of funds advanced to the receiver from the abandoned
 191-19  property fund of the State Board of Insurance.
 191-20              (2)  All of the expenses of an insurance guaranty
 191-21  association or foreign insurance guaranty association in handling
 191-22  claims.
 191-23              (3)  Wages owed to employees of the insurer as provided
 191-24  for in Section 6 of this Article.
 191-25              (4)  Secured creditors to the extent of the value of
 191-26  the security as provided by Section 8(c) of this Article.
 191-27        Class 2.
  192-1              (1)  All claims by policyholders, beneficiaries,
  192-2  insureds, and liability claims against insureds covered under
  192-3  insurance policies and insurance contracts issued by the insurer.
  192-4              (2)  All claims by an insurance guaranty association or
  192-5  a foreign insurance guaranty association that are payments of
  192-6  proper policyholder claims.
  192-7        Class 3.
  192-8        All other claims of general creditors not falling within any
  192-9  other priority under this section including claims for taxes and
 192-10  debts due the federal government or any state or local government
 192-11  which are not secured claims.
 192-12        Class 4.
 192-13        Claims of surplus or contribution note holders, holders of
 192-14  debentures or holders of similar obligations and proprietary claims
 192-15  of shareholders, members, or other owners according to the terms of
 192-16  the instruments.
 192-17        SECTION 8.05.  Section 8, Article 21.28, Insurance Code, is
 192-18  amended by adding Subsection (k) to read as follows:
 192-19        (k)  Every claim under a separate account established under
 192-20  Article 3.75 of this code, providing that the income, gains, and
 192-21  losses, realized and unrealized, from assets allocated to the
 192-22  separate account shall be credited to or charged against the
 192-23  account, without regard to other income, gains, or losses of the
 192-24  life insurance company, shall be satisfied out of the assets in the
 192-25  separate account equal to the reserves maintained in such account
 192-26  for the contracts.  To the extent provided under contracts
 192-27  established under Article 3.75 of this code, that portion of the
  193-1  assets of any separate account equal to the reserves and other
  193-2  contract liabilities for the separate account is not chargeable
  193-3  with liabilities arising out of any other business of the company.
  193-4  To the extent, if any, reserves maintained in the separate account
  193-5  are in excess of the amounts needed to satisfy claims under the
  193-6  separate account contracts, the excess shall be treated as general
  193-7  assets of the life insurance company.
  193-8        SECTION 8.06.  Section 9, Article 21.28, Insurance Code, is
  193-9  amended to read as follows:
 193-10        Sec. 9.  CLOSING.  (a)  Excess Assets--Stock Companies.  When
 193-11  the receiver shall have made provision for unclaimed dividends and
 193-12  all of the liabilities of a stock insurance company, he shall call
 193-13  a meeting of the stockholders of the insurer by giving notice
 193-14  thereof in one (1) or more newspapers in the county where the
 193-15  principal office of the insurer was located, and by written notice
 193-16  to the stockholders of record at their last known address.  At such
 193-17  meeting, the stockholders shall appoint an agent or agents to take
 193-18  over the affairs to continue the liquidation for benefit of the
 193-19  stockholders.  Voting privileges shall be governed by the insurer's
 193-20  bylaws.  A majority of the stock shall be represented at the
 193-21  agent's appointment.  Such agent or agents shall execute and file
 193-22  with the court such bond or bonds as shall be approved by it,
 193-23  conditioned on the faithful performance of all the duties of the
 193-24  trust.  Under order of the court the receiver shall then transfer
 193-25  and deliver to such agent or agents for continued liquidation under
 193-26  the court's supervision all assets of insurer remaining in his
 193-27  hands, whereupon the receiver and the Board, and each member and
  194-1  employee thereof, shall be discharged from any further liability to
  194-2  such insurer and its creditors and stockholders; provided, however,
  194-3  that nothing herein contained shall be so construed as to permit
  194-4  the insurer to continue in business as such, but the charter of
  194-5  such insurer and all permits and licenses issued thereunder or in
  194-6  connection therewith shall be ipso facto revoked and annulled by
  194-7  such order of the court directing the receiver to transfer and
  194-8  deliver the remaining assets of such insurer to such agent or
  194-9  agents.
 194-10        (b)  Excess Assets--Other Companies.  After the receiver
 194-11  shall have made provision for unclaimed dividends and all of the
 194-12  liabilities of any insurer other than a stock insurance company, he
 194-13  shall dispose of any remaining assets as directed by the
 194-14  receivership court.
 194-15        (c)  Excess Assets--Guaranty Associations.  Notwithstanding
 194-16  any other provisions of this article in closing an estate, a
 194-17  special deputy receiver, on approval of the court, may transfer any
 194-18  remaining assets, causes of action asserted on behalf of the
 194-19  impaired insurer, judgment, claims, or liens to the appropriate
 194-20  guaranty association and this transfer shall not be a preference or
 194-21  voidable transfer but shall be considered a distribution under
 194-22  Section 8(a)(1) of this article.  In the event the sum realized by
 194-23  the guaranty association is materially larger than the amount
 194-24  loaned to the estate by the guaranty association, the court may
 194-25  order reopening of the estate to disburse the excess funds.
 194-26  Nothing in this section shall be construed as a transfer of any
 194-27  liability of an impaired insurer to the guaranty association that
  195-1  would not constitute a claim payable under Articles 9.48, 21.28-C,
  195-2  or 21.28-D of this code.
  195-3        (d)  Limitation.  Except as otherwise provided by this
  195-4  subsection, each receivership or other delinquency proceeding
  195-5  prescribed by this Article shall be administered in accordance with
  195-6  Section 64.072, Civil Practice and Remedies Code.  To the extent a
  195-7  receivership or delinquency proceeding initiated against an insurer
  195-8  applies to claims against a workers' compensation insurance policy
  195-9  or a title insurance policy, the receivership or delinquency
 195-10  proceeding shall be administered continuously for whatever length
 195-11  of time is necessary to effectuate its purposes, and no arbitrary
 195-12  period prescribed elsewhere by the laws of Texas limiting the time
 195-13  for the administration of receiverships or of corporate affairs
 195-14  generally shall be applicable thereto.  Instead of the winding up
 195-15  and distribution of a receivership estate of an insurer without
 195-16  capital stock, the court shall order revival and reinstatement of
 195-17  the charter, permits, licenses, franchises, and management
 195-18  contracts or other control instruments of the insurer if the
 195-19  insurer's remaining cash on hand and on deposit, less any
 195-20  outstanding valid and enforceable liabilities, exceeds the minimum
 195-21  amount of capital and surplus prescribed for that insurer under
 195-22  Article 2.02 or Section 1 of Article 3.02 of this code.
 195-23        (e) <(d)>  Reopening.  If after the receivership shall have
 195-24  been closed by final order of the court, the liquidator shall
 195-25  discover assets not known to him during receivership, he shall
 195-26  report his findings to the court.  It shall be within the
 195-27  discretion of the court as to whether the value of the
  196-1  after-discovered assets shall justify the reopening of the
  196-2  receivership for continued liquidation.
  196-3        SECTION 8.07.  Subsection (d), Section 11, Article 21.28,
  196-4  Insurance Code, is amended to read as follows:
  196-5        (d)  Maintenance of Records.  The receiver may devise a
  196-6  method for the effective, efficient, and economical maintenance of
  196-7  the records of the delinquent insurer and of the liquidator's
  196-8  office including maintaining those records on any medium approved
  196-9  by the Records Management Division of the Texas State Library.  A
 196-10  copy of an original record or any other record that is maintained
 196-11  on any medium approved by the Records Management Division of the
 196-12  Texas State Library within the scope of this section that is
 196-13  produced by the receiver or his authorized representative under
 196-14  this Article shall have the same force and effect as the original
 196-15  record and may be used the same as the original record in any
 196-16  judicial or administrative proceeding in this state.  In order to
 196-17  maintain the records of delinquent insurers after the closing of
 196-18  the receivership proceedings, the receiver may reserve assets of an
 196-19  estate to be deposited in an account to be used for the specific
 196-20  purpose of maintenance, storage, and disposal of records in closed
 196-21  receivership estates.  <If the need exists for the continued
 196-22  maintenance of any records of a delinquent insurer after the
 196-23  closing of the receivership proceedings, the receiver may reserve
 196-24  sufficient assets, including cash, to be transferred to the
 196-25  liquidator on closing of the receivership for the specific purpose
 196-26  of meeting the reasonable cost of maintaining those records.>
 196-27        SECTION 8.08.  Section 3, Article 21.28-A, Insurance Code, is
  197-1  amended to read as follows:
  197-2        Sec. 3.  Notice to comply with written requirements of
  197-3  commissioner; noncompliance; taking charge as conservator.  If upon
  197-4  examination or at any other time it appears to or is the opinion of
  197-5  the Commissioner of Insurance that any insurance company is
  197-6  insolvent, or its condition is such as to render the continuance of
  197-7  its business hazardous to the public or to holders of its policies
  197-8  or certificates of insurance, or if such company appears to have
  197-9  exceeded its powers (as defined herein) or has failed to comply
 197-10  with the law, or if such insurance company gives its consent (as
 197-11  defined herein), then the Commissioner of Insurance shall upon his
 197-12  determination (a) notify the insurance company of his
 197-13  determination, and (b) furnish to the insurance company a written
 197-14  list of the Commissioner's requirements to abate his determination,
 197-15  and (c) if the Commissioner makes a further determination to
 197-16  supervise he shall notify the insurance company that it is under
 197-17  the supervision of the Commissioner of Insurance and that the
 197-18  Commissioner is applying and effecting the provisions of this
 197-19  Article.  Such insurance company shall comply with the lawful
 197-20  requirements of the Commissioner of Insurance.  If placed under
 197-21  supervision, the insurance company shall have not more than one
 197-22  hundred-eighty (180) <sixty (60)> days from the date of the
 197-23  Commissioner's notice of supervision to comply with the
 197-24  requirements of the Commissioner.  <The Commissioner may extend the
 197-25  supervision for an additional period not to exceed thirty (30) days
 197-26  on written determination by the Commissioner that there is a
 197-27  substantial likelihood of rehabilitation.  No hearing is required
  198-1  before the Commissioner makes the determination.>  During the
  198-2  period of supervision, the insurance company shall continue to pay
  198-3  claims according to terms of the insurance policy, and the
  198-4  Commissioner may schedule a hearing relating to the insurance
  198-5  company in supervision with not less than ten (10) days' written
  198-6  notice to all parties of record on his own motion or that of any
  198-7  party of record.  However, notice may be waived by the parties of
  198-8  record.  If after hearing it is determined that the insurance
  198-9  company has failed to comply with the lawful requirements of the
 198-10  Commissioner, it has not been rehabilitated, it is insolvent, or it
 198-11  is otherwise in such a condition as to render the continuance of
 198-12  its business hazardous to the public or to holders of its policies
 198-13  or certificates of insurance, or if the company appears to have
 198-14  exceeded its powers as defined in this Article, the Commissioner of
 198-15  Insurance, acting for himself, or through a conservator appointed
 198-16  by the Commissioner of Insurance for that purpose, shall take
 198-17  charge as conservator of the insurance company and all of the
 198-18  property and effects thereof.  If after hearing it is determined
 198-19  that the insurance company has been rehabilitated or its condition
 198-20  has otherwise been remedied such that the continuance of its
 198-21  business is no longer hazardous to the public or to holders of its
 198-22  policies or certificates of insurance, the Commissioner may release
 198-23  that insurance company from supervision.  Section 15,
 198-24  Administrative Procedure and Texas Register Act (Article 6252-13a,
 198-25  Vernon's Texas Civil Statutes), does not apply to hearings held by
 198-26  the Commissioner or his representative under this Article.
 198-27        SECTION 8.09.  Sections 3A(a) and (e), Article 21.28-A,
  199-1  Insurance Code, are amended to read as follows:
  199-2        (a)  All <Notwithstanding any other provision of law,>
  199-3  hearings, orders, notices, correspondence, reports, records, and
  199-4  other information in the possession of the Texas Department <State
  199-5  Board> of Insurance relating to the supervision or conservatorship
  199-6  of any insurance company are <not> confidential <unless the
  199-7  Commissioner of Insurance determines that confidentiality> during
  199-8  the <initial> period of supervision and conservatorship.  On
  199-9  termination of the supervision and conservatorship, the information
 199-10  in the custody of the department that relates to the supervision
 199-11  and conservatorship becomes public information <is necessary to
 199-12  accomplish the purposes of this article.  The Commissioner of
 199-13  Insurance shall make this determination of confidentiality on the
 199-14  date the first notice of supervision is given.  The period of
 199-15  confidentiality determined by the Commissioner of Insurance may not
 199-16  be for a period that exceeds 60 days after the date of the
 199-17  Commissioner's determination>.
 199-18        (e)  An officer or employee of the Texas Department <State
 199-19  Board> of Insurance is not liable for release of information
 199-20  without a showing that the release of information was accomplished
 199-21  with actual malice.
 199-22        This section does not apply to information (1) if the
 199-23  insureds of the insurance company are not protected by Article
 199-24  9.48, 21.28-C, or 21.28-D of this code or by statutes substantially
 199-25  similar to those Articles, or (2) on the appointment of a receiver
 199-26  for the insurance company by a court of competent jurisdiction.
 199-27        SECTION 8.10.  Article 21.28-A, Insurance Code, is amended by
  200-1  adding Section 13 to read as follows:
  200-2        Sec. 13.  INSURER'S ATTORNEY, ACTUARY, AND ACCOUNTANT.  (a)
  200-3  Notwithstanding any other provision of this article, during a
  200-4  supervision proceeding, the insurer may employ an attorney,
  200-5  actuary, and accountant of the insurer's choice to assist the
  200-6  insurer during the supervision.
  200-7        (b)  The supervisor shall authorize the payment of reasonable
  200-8  fees and expenses from the insurer for the attorney, actuary, or
  200-9  accountant.
 200-10        SECTION 8.11.  Section 17(a), Article 21.28-A, Insurance
 200-11  Code, is amended to read as follows:
 200-12        (a)  The State Board of Insurance may collect fees from any
 200-13  entity that is regulated by the board as provided by Subsection (h)
 200-14  of Section 7 of Article 1.10 of this code and that is successfully
 200-15  rehabilitated by the board.  The fees shall be in amounts
 200-16  sufficient to cover but not exceed the costs of rehabilitation of
 200-17  that entity.  The board shall use the fees for the sole purpose of
 200-18  the rehabilitation of the entity from which they are collected.
 200-19  Fees collected under this subsection shall be deposited in and
 200-20  expended through the State Board of Insurance Operating Fund.  The
 200-21  supervisor, conservator, or commissioner shall use the employees of
 200-22  the entity being rehabilitated, to the maximum extent possible,
 200-23  instead of outside consultants, actuaries, attorneys, accountants,
 200-24  other personnel or departmental employees, in order to minimize the
 200-25  expense of rehabilitation or the necessity of fees for
 200-26  rehabilitation.
 200-27        SECTION 8.12.  Article 1.24A, Insurance Code, is repealed.
  201-1        SECTION 8.13.  Article 5.58A, Insurance Code, is repealed.
  201-2        SECTION 8.14.  Section 5, Article 1.24B, Insurance Code, is
  201-3  amended to read as follows:
  201-4        Sec. 5.  RULES AND FORMS.  (a)  The State Board of Insurance
  201-5  may promulgate necessary rules to carry out this article, to define
  201-6  terminology, criteria, content, and other matters relating to the
  201-7  reports, and to designate other types or lines of liability
  201-8  insurance required to provide information under this article and
  201-9  may prescribe the form and content of the closed claim reports and
 201-10  summary claims reports to be filed.
 201-11        (b)  In lieu of requiring insurers to file the reports
 201-12  required by Section 2, the State Board of Insurance may, following
 201-13  notice and public hearing, provide for alternative reporting in the
 201-14  form of sampling of the required closed claim data.
 201-15        SECTION 8.15. Section 6, Article 1.24B, Insurance Code, is
 201-16  amended by adding Subsection (d) to read as follows:
 201-17        (d)  The board may establish an electronic data base composed
 201-18  of reports filed with the board, provide the public with access to
 201-19  that data, establish a system to provide access by electronic data
 201-20  transmittal processes to that data, and set and charge a fee for
 201-21  electronic access to the data base in an amount reasonable and
 201-22  necessary to cover the costs of access.
 201-23      ARTICLE 9.  TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY
 201-24                              ASSOCIATION
 201-25        SECTION 9.01.  Section 3, Article 21.28-C, Insurance Code, is
 201-26  amended to read as follows:
 201-27        Sec. 3.  Scope.  This Act applies to all kinds of direct
  202-1  insurance, and except as provided in Section 12 of this Act, <but>
  202-2  is not applicable to the following:
  202-3              (1)  life, annuity, health, or disability insurance;
  202-4              (2)  mortgage guaranty, financial guaranty, or other
  202-5  forms of insurance offering protection against investment risks;
  202-6              (3)  fidelity or surety bonds, or any other bonding
  202-7  obligations;
  202-8              (4)  credit insurance, vendors' single-interest
  202-9  insurance, collateral protection insurance, or any similar
 202-10  insurance protecting the interests of a creditor arising out of a
 202-11  creditor-debtor transaction;
 202-12              (5)  insurance of warranties or service contracts;
 202-13              (6)  title insurance;
 202-14              (7)  ocean marine insurance;
 202-15              (8)  any transaction or combination of transactions
 202-16  between a person, including an affiliate of such a person, and an
 202-17  insurer, including an affiliate of such an insurer, that involves
 202-18  the transfer of investment or credit risk unaccompanied by the
 202-19  transfer of insurance risk; or
 202-20              (9)  any insurance provided by or guaranteed by
 202-21  government.
 202-22        SECTION 9.02.  Subdivision (8), Section 5, Article 21.28-C,
 202-23  Insurance Code, is amended to read as follows:
 202-24              (8)  "Covered claim" means an unpaid claim of an
 202-25  insured or third-party liability claimant that arises out of and is
 202-26  within the coverage and not in excess of the applicable limits of
 202-27  an insurance policy to which this Act applies, issued or assumed
  203-1  (whereby an assumption certificate is issued to the insured) by an
  203-2  insurer licensed to do business in this state, if that insurer
  203-3  becomes an impaired insurer and the third-party claimant or
  203-4  liability claimant or insured is a resident of this state at the
  203-5  time of the insured event, or the property from which the claim
  203-6  arises is permanently located in this state.  "Covered claim" shall
  203-7  also include 75 percent of unearned premiums,  but in no event
  203-8  shall a covered claim for unearned premiums exceed $1,000.
  203-9  Individual covered claims (including any and all derivative claims
 203-10  by more than one person which arise from the same occurrence, which
 203-11  shall be considered collectively as a single claim under this Act)
 203-12  shall be limited to $100,000, except that the association shall pay
 203-13  the full amount of any covered claim arising out of a workers'
 203-14  compensation claim made under a workers' compensation policy.
 203-15  "Covered claim" shall not include any amount sought as a return of
 203-16  premium under a retrospective rating plan or any amount due any
 203-17  reinsurer, insurer, insurance pool, or underwriting association, as
 203-18  subrogation recoveries or otherwise.  "Covered claim" shall not
 203-19  include supplementary payment obligations, including adjustment
 203-20  fees and expenses, attorney's fees and expenses, court costs,
 203-21  interest and penalties, and interest and bond premiums incurred
 203-22  prior to the determination that an insurer is an impaired insurer
 203-23  under this Act.  "Covered claim" shall not include any prejudgment
 203-24  or postjudgment interest that accrues subsequent to the
 203-25  determination that an insurer is an impaired insurer under this
 203-26  Act.  "Covered claim" shall not include any claim for recovery of
 203-27  punitive, exemplary, extracontractual, or bad-faith damages,
  204-1  whether sought as a recovery against the insured, insurer, guaranty
  204-2  association, receiver, special deputy receiver, or commissioner,
  204-3  awarded in a court judgment against an insured or insurer.
  204-4  "Covered claim" shall not include, and the association shall not
  204-5  have any liability to an insured or third-party liability claimant,
  204-6  for its failure to settle a liability claim within the limits of a
  204-7  covered claim under this Act.  With respect to a covered claim for
  204-8  unearned premiums, both persons who were residents of this state at
  204-9  the time the policy was issued and persons who are residents of
 204-10  this state at the time the company is found to be an impaired
 204-11  insurer shall be considered to have covered claims under this Act.
 204-12  If the impaired insurer has insufficient assets to pay the expenses
 204-13  of administering the receivership or conservatorship estate, that
 204-14  portion of the expenses of administration incurred in the
 204-15  processing and payment of claims against the estate shall also be a
 204-16  covered claim under this Act.
 204-17        SECTION 9.03.  Subdivision (9), Section 5, Article 21.28-C,
 204-18  Insurance Code, is amended to read as follows:
 204-19              (9)  "Impaired insurer" means:
 204-20                    (A)  a member insurer that is placed in temporary
 204-21  or permanent receivership under an order of a court of competent
 204-22  jurisdiction, including the courts of any other state, based on a
 204-23  finding of insolvency and that has been designated an impaired
 204-24  insurer by the commissioner; or
 204-25                    (B)  a member insurer placed in conservatorship
 204-26  after it has been determined by the commissioner to be insolvent
 204-27  and that has been designated an impaired insurer by the
  205-1  commissioner.
  205-2        SECTION 9.04.  Subdivision (11), Section 5, Article 21.28-C,
  205-3  Insurance Code, is amended to read as follows:
  205-4              (11)  "Net direct written premiums", when assessing
  205-5  other than the workers' compensation line of business, means direct
  205-6  premiums written in this state on insurance policies to which this
  205-7  Act applies, less return premiums on those policies and dividends
  205-8  paid or credited to policyholders on that direct business.  The
  205-9  term does not include premiums on contracts between insurers or
 205-10  reinsurers.  When assessing the workers' compensation line of
 205-11  business, the term "net direct written premiums" includes the
 205-12  modified annual premium prior to the application of any deductible
 205-13  premium credit, less return premiums on those policies and
 205-14  dividends paid or credited to policyholders on that direct
 205-15  business.  The term does not include premiums on contracts between
 205-16  insurers or reinsurers.
 205-17        SECTION 9.05.  Subsection (d), Section 7, Article 21.28-C,
 205-18  Insurance Code, is amended to read as follows:
 205-19        (d)  A public representative may not be:
 205-20              (1)  an officer, director, or employee of an insurance
 205-21  company, insurance agency, agent, broker, solicitor, adjuster, or
 205-22  any other business entity regulated by the Texas Department of
 205-23  Insurance;
 205-24              (2)  a person required to register with the Texas
 205-25  Ethics Commission <secretary of state> under Chapter 305,
 205-26  Government Code, in connection with the person's representation of
 205-27  clients in the field of insurance; or
  206-1              (3)  related to a person described by Subdivision (1)
  206-2  or (2) of this subsection within the second degree of affinity or
  206-3  consanguinity.
  206-4        SECTION 9.06.  Section 7, Article 21.28-C, Insurance Code, is
  206-5  amended by adding Subsection (f) to read as follows:
  206-6        (f)  A director of the association or any member company or
  206-7  other entity represented by the director may not receive any money
  206-8  or valuable thing directly, indirectly, or through any substantial
  206-9  interest in any other corporation, firm, or business unit for
 206-10  negotiating, procuring, participating, recommending, or aiding in a
 206-11  transaction, reinsurance agreement, merger, purchase, sale, or
 206-12  exchange of assets, policies of insurance, or property made by the
 206-13  association or the supervisor, conservator, or receiver on behalf
 206-14  of an impaired insurer.  The director, company, or entity may not
 206-15  be pecuniarily or contractually interested, as principal,
 206-16  co-principal, agent, or beneficiary, directly, indirectly, or
 206-17  through any substantial interest in any other corporation, firm, or
 206-18  business unit, in the transaction, reinsurance agreement, merger,
 206-19  purchase, sale, or exchange.
 206-20        SECTION 9.07.  Subsection (b), Section 8, Article 21.28-C,
 206-21  Insurance Code, is amended  to read as follows:
 206-22        (b)  The association shall undertake to discharge the policy
 206-23  obligations of the impaired insurer, including the duty to defend
 206-24  insureds under a liability policy, to the extent that the policy
 206-25  obligations are covered claims under this Act.  In performing its
 206-26  statutory obligations, the association may also enforce any duty
 206-27  imposed on the insured party or beneficiary under the terms of any
  207-1  policy of insurance within the scope of this Act.  In performing
  207-2  its statutory obligations under this Act, the association shall not
  207-3  be considered to be in the business of insurance, shall not be
  207-4  considered to have assumed or succeeded to any liabilities of the
  207-5  impaired insurer, and shall not be considered to otherwise stand in
  207-6  the shoes of the impaired insurer for any purpose, including the
  207-7  issue of whether the association is amenable to the personal
  207-8  jurisdiction of the courts of any other state.  The association is
  207-9  considered the insurer to the extent of its obligation on the
 207-10  covered claims and to that extent has all rights, duties, and
 207-11  obligations of the impaired insurer as if the insurer had not
 207-12  become impaired.
 207-13        SECTION 9.08.  Subsection (d), Section 8, Article 21.28-C,
 207-14  Insurance Code, is amended to read as follows:
 207-15        (d)  The association shall investigate <claims brought
 207-16  against the association> and <shall> adjust, compromise, settle,
 207-17  and pay covered claims to the extent of the association's
 207-18  obligation and deny all other claims.  The association may review
 207-19  settlements, releases, and judgments to which the impaired insurer
 207-20  or its insureds were parties to determine the extent to which those
 207-21  settlements, releases, and judgments may be properly contested.
 207-22  Any judgment taken by default or consent against an insured or the
 207-23  impaired insurer, and any settlement, release, or judgment entered
 207-24  into by the insured or the impaired insurer, is not  binding on the
 207-25  association, and may not be considered as evidence of liability or
 207-26  of damages in connection with any claim brought against the
 207-27  association or any other party under this Act.  Notwithstanding any
  208-1  other provision of this Act, a covered claim shall not include any
  208-2  claim filed with the guaranty association after the later of the
  208-3  final date for filing claims against the liquidator or receiver of
  208-4  an insolvent insurer or eighteen months after the order of
  208-5  liquidation.
  208-6        SECTION 9.09.  Subsection (h), Section 8, Article 21.28-C,
  208-7  Insurance Code, is amended to read as follows:
  208-8        (h)  The association may:
  208-9              (1)  employ or retain persons as necessary to handle
 208-10  claims and perform other duties of the association;
 208-11              (2)  borrow funds necessary to implement this Act in
 208-12  accordance with the plan of operation;
 208-13              (3)  sue or be sued;
 208-14              (4)  negotiate and become a party to contracts as
 208-15  necessary to implement this Act, including lump-sum or structured
 208-16  compromise and settlement agreements with claimants who have claims
 208-17  for medical or indemnity benefits for a period of three years or
 208-18  more other than a  settlement or lump-sum payment in violation of
 208-19  the Texas Workers' Compensation Act (Article 8308-1.01 et seq.,
 208-20  Vernon's Texas Civil Statutes);
 208-21              (5)  perform other acts as necessary or proper to
 208-22  implement this Act; or
 208-23              (6)  refund to the member insurers in proportion to the
 208-24  contribution of each member insurer to the association that amount
 208-25  by which the assets of the association exceed the liabilities, if
 208-26  at the end of any calendar year the board of directors finds that
 208-27  the assets of the association exceed the liabilities of the
  209-1  association as estimated by the board of directors for the coming
  209-2  year.
  209-3        SECTION 9.10.  Subsection (i), Section 8, Article 21.28-C,
  209-4  Insurance Code, is repealed.
  209-5        SECTION 9.11.  Section 8, Article 21.28-C, Insurance Code, is
  209-6  amended by adding Subsection (k) to read as follows:
  209-7        (k)(1)  Notwithstanding Chapter 271, Acts of the 60th
  209-8  Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
  209-9  Civil Statutes), the board may hold an open meeting by telephone
 209-10  conference call if immediate action is required and the convening
 209-11  at one location of a quorum of the board is not reasonable or
 209-12  practical.
 209-13              (2)  The meeting is subject to the notice requirements
 209-14  applicable to other meetings.
 209-15              (3)  The notice of the meeting must specify as the
 209-16  location of the meeting the location where meetings of the board
 209-17  are usually held.
 209-18              (4)  Each part of the meeting that is required to be
 209-19  open to the public shall be audible to the public at the location
 209-20  specified in the notice of the meeting as the location of the
 209-21  meeting and shall be tape recorded.  The tape recording shall be
 209-22  made available to the public.
 209-23        SECTION 9.12.  Subsection (d), Section 9, Article 21.28-C,
 209-24  Insurance Code, is amended to read as follows:
 209-25        (d)  The plan of operation must:
 209-26              (1)  establish the procedures under which the powers
 209-27  and duties of the association are performed;
  210-1              (2)  establish procedures for handling assets of the
  210-2  association;
  210-3              (3)  establish the amount and method of reimbursing
  210-4  members of the board of directors;
  210-5              (4)  provide for the establishment of a claims filing
  210-6  procedure that includes, but is not limited to, notice by the
  210-7  association to claimants, procedures for filing claims seeking
  210-8  recovery from the association, and a procedure for appealing the
  210-9  denial of claims by the association <establish procedures by which
 210-10  claims may be filed with the association>; and
 210-11              (5)  establish acceptable forms of proof of covered
 210-12  claims.
 210-13        SECTION 9.13.  Subsection (e), Section 9, Article 21.28-C,
 210-14  Insurance Code, is amended to read as follows:
 210-15        (e)  <Notice of claims to the receiver of the impaired
 210-16  insurer constitutes notice to the association or its agent.>  A
 210-17  list of claims shall be submitted periodically to the association
 210-18  or similar organization in another state by the receiver.
 210-19        SECTION 9.14.  Subsection (a), Section 11, Article 21.28-C,
 210-20  Insurance Code, is amended to read as follows:
 210-21        (a)  A person recovering under this Act is considered to have
 210-22  assigned to the association the person's right under the policy,
 210-23  and the person's rights to recover for the occurrence made the
 210-24  basis of the claim under this Act under any policy of insurance
 210-25  issued by an unimpaired insurer  <the person's rights under the
 210-26  policy to the association> to the extent of the person's recovery
 210-27  from the association.   The association may pursue any such claims
  211-1  to which it is subrogated under this provision in its own name or
  211-2  in the name of the person recovering under this Act.  Each insured
  211-3  or claimant seeking the protection of this Act shall cooperate with
  211-4  the association to the same extent as that person would have been
  211-5  required to cooperate with the impaired insurer.  The association
  211-6  does not have a cause of action against the insured of the impaired
  211-7  insurer for any sums it has paid out except those causes of action
  211-8  the impaired insurer would have had if the sums had been paid by
  211-9  the impaired insurer and except as provided in Subsection (b) of
 211-10  this section.  In the case of an impaired insurer operating on a
 211-11  plan with assessment liability, payments of claims of the
 211-12  association do not reduce the liability of the insureds to the
 211-13  receiver or statutory successor for unpaid assessments.
 211-14        SECTION 9.15.  Subsection (a), Section 12, Article 21.28-C,
 211-15  Insurance Code, is amended to read as follows:
 211-16        (a)  A person who has a claim against an insurer under any
 211-17  provision in an insurance policy other than a policy of an impaired
 211-18  insurer that is also a covered claim shall exhaust first the
 211-19  person's rights under the policy, including any claim for indemnity
 211-20  or medical benefits under any workers' compensation, health,
 211-21  disability, uninsured motorist, personal injury protection, medical
 211-22  payment, liability, or other policy.  The association shall have a
 211-23  credit or setoff against any amount of benefits which would
 211-24  otherwise be payable by the association to the claimant under this
 211-25  Act, in the amount of the claimant's recovery under any policy
 211-26  issued by an unimpaired insurer.  Subject to the provisions of
 211-27  Subsection (a-1) below,  the association's credit or setoff under
  212-1  this section shall be deducted from damages incurred by the
  212-2  claimant, and the remaining sum shall be the maximum amount payable
  212-3  by the association, except that the association's liability shall
  212-4  not exceed $100,000 or the limits of the policy under which the
  212-5  claim is made, whichever is less.
  212-6        (a-1)  Notwithstanding Subsection (a) of this section, if a
  212-7  claimant is seeking recovery of policy benefits that, but for the
  212-8  insolvency of the impaired insurer, would be subject to lien or
  212-9  subrogation by a workers' compensation insurer, health insurer or
 212-10  any other insurer, whether impaired or not, then the association's
 212-11  credit or offset shall be deducted from the damages incurred by the
 212-12  claimant or the limits of the policy under which the claim is made,
 212-13  whichever is less.  In no event shall a claimant's recovery under
 212-14  this Act result in a total recovery to the claimant that is greater
 212-15  than that which would have resulted but for the insolvency of the
 212-16  impaired insurer.  Subject to Section 5(8) of this Act, a
 212-17  claimant's recovery under this Act may not result in a recovery to
 212-18  the claimant that is less than that which would have resulted but
 212-19  for the insolvency of the impaired insurer<.  Any amount payable on
 212-20  a covered claim under this Act shall be reduced by the amount of
 212-21  any recovery under the insurance policy>.
 212-22        SECTION 9.16.  Subsection (b), Section 12, Article 21.28-C,
 212-23  Insurance Code, is amended to read as follows:
 212-24        (b)  A person who has a claim that may be recovered under
 212-25  more than one insurance guaranty association or its equivalent
 212-26  shall seek recovery first from the association of the place of
 212-27  residence of the insured, except that if it is a first-party claim
  213-1  for damage to property with a permanent location, the person shall
  213-2  seek recovery first from the association of the location of the
  213-3  property, and if it is a workers' compensation claim the person
  213-4  shall seek recovery first from the association of the residence of
  213-5  the claimant.  The association shall have a credit or setoff
  213-6  against any amount of benefits under this Act, in the amount of the
  213-7  claimant's recovery from the guaranty association or equivalent.
  213-8  Subject to the provisions of Subsection (b-1) below, the
  213-9  association's credit or setoff under this Section shall be deducted
 213-10  from the damages incurred by the claimant, and the remaining sum
 213-11  shall be the maximum amount payable by the association, except that
 213-12  the association's liability shall not exceed $100,000.
 213-13        (b-1)  Notwithstanding Subsection (b) of this section, if a
 213-14  claimant is seeking recovery of policy benefits that, but for the
 213-15  insolvency of the impaired insurer, would be subject to lien or
 213-16  subrogation by a workers' compensation insurer, health insurer or
 213-17  any other insurer, whether impaired or not, then the association's
 213-18  credit or offset shall be deducted from the damages incurred by the
 213-19  claimant or the limits of the policy under which the claim is made,
 213-20  whichever is less.  In no event shall a claimant's recovery under
 213-21  this Act result in a total recovery to the claimant that is greater
 213-22  than that which would have resulted but for the insolvency of the
 213-23  impaired insurer.  Subject to Section 5(8) of this Act, a
 213-24  claimant's recovery under this Act shall not result in a recovery
 213-25  to the claimant that is less than that which would have resulted
 213-26  but for the insolvency of the impaired insurer <Any recovery under
 213-27  this Act shall be reduced by the amount of recovery from any other
  214-1  insurance guaranty association or its equivalent>.
  214-2        SECTION 9.17.  Section 13, Article 21.28-C, Insurance Code,
  214-3  is amended to read as follows:
  214-4        Sec. 13.  FINANCIAL CONDITION OF MEMBER INSURERS; PREVENTION
  214-5  OF INSOLVENCIES.  (a)  The association shall have access to the
  214-6  books and records of a member insurer in receivership, in order to
  214-7  make a determination of the extent of the impact on the association
  214-8  in the event such member becomes impaired.  The association shall
  214-9  have the authority to perform or cause to be performed an actuarial
 214-10  and operational analysis of the member insurer and prepare a report
 214-11  on matters relating to the impact or potential impact on the
 214-12  association in the event of impairment.  Such reports shall not be
 214-13  public documents.  <To aid in the detection and prevention of
 214-14  insurer insolvencies, the board of directors, on majority vote, may
 214-15  make recommendations to the commissioner for the detection and
 214-16  prevention of insurer insolvencies and respond to requests by the
 214-17  commissioner to discuss and make recommendations regarding the
 214-18  status of any member insurer whose financial condition may be
 214-19  hazardous to policyholders or the public.  Those recommendations
 214-20  are not public documents and are not subject to the open records
 214-21  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
 214-22  1973 (Article 6252-17a, Vernon's Texas Civil Statutes), until such
 214-23  time as an insurer is declared to be impaired.>
 214-24        (b)  At the conclusion of any domestic insurer insolvency in
 214-25  which the association was obligated to pay covered claims, the
 214-26  board of directors may prepare a report on the history and causes
 214-27  of the insolvency, based on the information available to the
  215-1  association, and may submit the report to the commissioner.
  215-2        (c)  There shall be no liability on the part of, and no cause
  215-3  of action of any nature shall arise against the association or its
  215-4  agents or employees, the board of directors, member insurers, or
  215-5  the commissioner or the commissioner's authorized representative
  215-6  for any statement made in good faith by them in any report or
  215-7  recommendation made under this section.
  215-8        SECTION 9.18.  Section 14, Article 21.28-C, Insurance Code,
  215-9  is amended to read as follows:
 215-10        Sec. 14.  Examination of the association.  <The association
 215-11  shall be subject to examination and regulation by the commissioner
 215-12  in the same manner as other insurers under this code.>  Not later
 215-13  than March 30 of each year, the association <board of directors>
 215-14  shall submit an audited financial statement to the state auditor <a
 215-15  financial report> for the preceding calendar year in a form
 215-16  approved by the state auditor's office <commissioner>.
 215-17        SECTION 9.19.  Subsection (a), Section 16, Article 21.28-C,
 215-18  Insurance Code, is amended to read as follows:
 215-19        (a)  There is no liability on the part of, and no cause of
 215-20  action of any nature arises against, any member insurer, the
 215-21  association or its agents or employees, the board of directors,
 215-22  receiver, special deputy receiver or its agents or employees, or
 215-23  the commissioner or the commissioner's representatives for any good
 215-24  faith action or failure to act in the performance of powers and
 215-25  duties under this Act.
 215-26        SECTION 9.20.  Section 17, Article 21.28-C, Insurance Code,
 215-27  is amended to read as follows:
  216-1        Sec. 17.  Stay of proceedings.  All proceedings in which an
  216-2  impaired insurer is a party or is obligated to defend a party in
  216-3  any court in this state, except proceedings directly related to the
  216-4  receivership or instituted by the receiver, shall be stayed for six
  216-5  months and any additional time thereafter as may be determined by
  216-6  the court from the date of the designation of impairment or an
  216-7  ancillary proceeding is instituted in the state, whichever is
  216-8  later, to permit proper defense by the receiver or the association
  216-9  of all pending causes of action.  As to any covered claims arising
 216-10  from a judgment under any decision, verdict, or finding based on
 216-11  the default of the impaired insurer or its failure to defend an
 216-12  insured, the association either on its own behalf or on behalf of
 216-13  the insured shall be entitled, upon application, <may apply> to
 216-14  have the judgment, order, decision, verdict, or finding set aside
 216-15  by the same court or administrator that made the judgment, order,
 216-16  decision, verdict, or finding and shall be permitted to defend the
 216-17  claim on the merits.  The receiver or statutory successor of an
 216-18  impaired insurer covered by this Act shall permit access by the
 216-19  board or its authorized representative to records of the impaired
 216-20  insurer as are necessary for the board in carrying out its
 216-21  functions under this Act with regard to covered claims.  In
 216-22  addition, the receiver or statutory successor shall provide the
 216-23  board or its representative with copies of the records on request
 216-24  of the board and at the expense of the board.
 216-25        SECTION 9.21.  Section 18, Article 21.28-C, Insurance Code,
 216-26  is amended by adding Subsection (h) to read as follows:
 216-27        (h)  Notwithstanding Subsection (b) of this section, the
  217-1  association may assess the workers' compensation line of business
  217-2  during a calendar year not more than three percent of each
  217-3  insurer's net direct written premium for the preceding calendar
  217-4  year for assessments made on or before December 31, 1995.  An
  217-5  assessment under this subsection may be made only if the
  217-6  association finds that the assessment is necessary to meet the
  217-7  obligations of the association.  This subsection expires January 1,
  217-8  1996.
  217-9        SECTION 9.22.  Article 21.28-C, Insurance Code, is amended by
 217-10  adding Section 25 to read as follows:
 217-11        Sec. 25.  CONTROLLING LAW.  (a)  Except as provided in
 217-12  Subsection (b) of this section, if a conflict exists between this
 217-13  Act and any other statutory provision relating to the association,
 217-14  this Act shall control.
 217-15        (b)  This section does not apply to a conflict between this
 217-16  Act and:
 217-17              (1)  the Texas Workers' Compensation Act (Article
 217-18  8308-1.01, et seq., Vernon's Texas Civil Statutes);
 217-19              (2)  Subchapter D, Chapter 5, of this code; or
 217-20              (3)  Article 5.76-2, 5.76-3, 5.76-4, or 5.76-5 of this
 217-21  code.
 217-22        SECTION 9.23.  Notwithstanding Subsection (b), Section 1.27,
 217-23  Chapter 12, Acts of 72nd Legislature, 2nd Called Session, 1991, the
 217-24  Texas Property and Casualty Insurance Guaranty Association may
 217-25  assume its responsibilities under this Act in proceedings initiated
 217-26  before January 1, 1992, prior to September 1, 1994, on an
 217-27  estate-by-estate basis.  Assumption of its responsibilities in
  218-1  proceedings initiated before January 1, 1992, shall not impose upon
  218-2  the Texas Property and Casualty Insurance Guaranty Association a
  218-3  duty to defend insureds who have been sued under a liability policy
  218-4  issued by an impaired insurer.
  218-5       ARTICLE 10.  LIFE, ACCIDENT, HEALTH, AND HOSPITAL SERVICE
  218-6                    INSURANCE GUARANTY ASSOCIATION
  218-7        SECTION 10.01.  Section 7, Article 21.28-D, Insurance Code,
  218-8  is amended by adding Subsection (d) to read as follows:
  218-9        (d)  A director of the association or any member company or
 218-10  other entity represented by the director may not receive any money
 218-11  or valuable thing directly, indirectly, or through any substantial
 218-12  interest in any other corporation, firm, or business unit for
 218-13  negotiating, procuring, participating, recommending, or aiding in a
 218-14  transaction, reinsurance agreement, merger, purchase, sale, or
 218-15  exchange of assets, policies of insurance, or property made by the
 218-16  association or the supervisor, conservator, or receiver on behalf
 218-17  of an impaired insurer.  The director, company, or entity may not
 218-18  be pecuniarily or contractually interested, as principal,
 218-19  co-principal, agent, or beneficiary, directly, indirectly, or
 218-20  through any substantial interest in any other corporation, firm, or
 218-21  business unit, in the transaction, reinsurance agreement, merger,
 218-22  purchase, sale, or exchange.
 218-23        SECTION 10.02.  Section 17(a), Article 21.28-D, Insurance
 218-24  Code, is amended to read as follows:
 218-25        (a)  There is no liability on the part of and no cause of
 218-26  action of any nature arises against any member insurer or its
 218-27  agents or employees, the association or its agents or employees,
  219-1  members of the board of directors, the receiver, the special deputy
  219-2  or its agents or employees, or the commissioner or the
  219-3  commissioner's representatives, for any good faith action or
  219-4  omission in the performance of powers and duties under this Act.
  219-5  This immunity extends to the participation in any organization of
  219-6  one or more other state associations of similar purposes and to any
  219-7  similar organization and its agents or employees.
  219-8           ARTICLE 11.  TITLE INSURANCE GUARANTY ASSOCIATION
  219-9        SECTION 11.01.  Section 5(2), Article 9.48, Insurance Code,
 219-10  is amended by amending Paragraph  B and by adding Paragraph C to
 219-11  read as follows:
 219-12                    B.  "Covered claim" shall not include any amount
 219-13  due any reinsurer, insurer, insurance pool, or underwriting
 219-14  association, as subrogation recoveries or otherwise.  "Covered
 219-15  claim" shall not include supplementary payment obligations,
 219-16  including but not limited to adjustment fees and expenses,
 219-17  attorneys' fees and expenses, court costs, interest, enhanced
 219-18  damages, whether sought as a recovery against the insured, the
 219-19  impaired insurer, the impaired agent, or the association, that
 219-20  arise <arising> under Article 21.21 of this code or under the
 219-21  Deceptive Trade Practices-Consumer Protection Act (Section 17.41 et
 219-22  seq., Business & Commerce Code), and bond premiums, incurred prior
 219-23  to the determination that an insurer or agent is "impaired" under
 219-24  this article.  "Covered claim" shall also not include any shortage
 219-25  of trust funds, shortage in an escrow account resulting from the
 219-26  insolvency of a financial institution, or punitive, exemplary,
 219-27  extracontractual, or bad faith damages awarded by a court judgment
  220-1  against an insured or insurer.  A "covered claim" does not include
  220-2  a claim under Subparagraph (ii) or (iv) of Paragraph A of
  220-3  Subdivision (2) of Section 5 if the claimant has a lien against the
  220-4  real estate that was the subject of the transaction from which the
  220-5  claim arises unless that lien is held to be invalid as a matter of
  220-6  law.  No claimant who has caused or substantially contributed to
  220-7  his loss by his action or failure to act shall have a covered claim
  220-8  under Paragraph A of Subdivision (2) of Section 5.
  220-9                    C.  If an impaired insurer or an impaired agent
 220-10  has insufficient assets to pay the expenses of administering the
 220-11  receivership or conservatorship estate, the association may advance
 220-12  funds necessary to pay  those expenses on the terms it may
 220-13  negotiate.  Any funds advanced with regard to the expenses of
 220-14  administering the estate of an impaired agent may be paid only from
 220-15  the guaranty fee account.
 220-16        SECTION 11.02.  Section 5, Article 9.48, Insurance Code, is
 220-17  amended by adding Subdivisions (14) and (15) to read as follows:
 220-18              (14)  "Affiliate" means a person who directly or
 220-19  indirectly, through one or more intermediaries, controls, is
 220-20  controlled by, or is under common control with an impaired insurer
 220-21  on December 31 of the year next proceeding the date the insurer
 220-22  becomes an impaired insurer.
 220-23              (15)  "Control" means the possession, direct or
 220-24  indirect, of the power to direct or cause the direction of the
 220-25  management and policies of a person, whether through the ownership
 220-26  of voting securities, by contract other than a commercial contract
 220-27  for goods or nonmanagement services, or otherwise, unless the power
  221-1  is the result of an official position with or corporate office held
  221-2  by the person.  Control is presumed to exist if any person,
  221-3  directly or indirectly, owns, controls, holds with the power to
  221-4  vote, or holds proxies representing 10 percent or more of the
  221-5  voting securities of any other person.  This presumption may be
  221-6  rebutted by a showing that control does not exist in fact.
  221-7        SECTION 11.03.  Section 7, Article 9.48, Insurance Code, is
  221-8  amended by adding Subsection (g) to read as follows:
  221-9        (g)  An insurer designated as an impaired insurer by the
 221-10  commissioner is exempt from assessment from and after the date of
 221-11  designation and until the commissioner determines that the insurer
 221-12  is no longer an impaired insurer.
 221-13        SECTION 11.04.  Sections 7A and 8, Article 9.48, Insurance
 221-14  Code, are amended to read as follows:
 221-15        Sec. 7A.  Purpose of Assessments.  (a)  The amounts provided
 221-16  pursuant to assessments made under this article are considered to
 221-17  be supplemental to the marshaling of assets for the purpose of
 221-18  making payments on behalf of an impaired insurer.
 221-19        (b)  The association may assess its insurers or use funds
 221-20  derived from assessments to pay covered claims before the receiver
 221-21  exhausts the assets of the impaired insurer.
 221-22        Sec. 8.  Penalty for failure to pay assessments.  (a)  The
 221-23  commissioner may suspend or revoke, after notice and hearing, the
 221-24  certificate of authority to transact business in this state of any
 221-25  insurer who fails to pay an assessment when due, and the
 221-26  association shall promptly report the failure to pay to the
 221-27  commissioner.  As an alternative, the commissioner may assess an
  222-1  administrative penalty in accordance with Article 1.10E of this
  222-2  code on any insurer that fails to pay an assessment when due.  The
  222-3  fine may not exceed the greater of five percent of the unpaid
  222-4  assessment per month or $100 per month.
  222-5        (b)  Any insurer whose certificate or authority to do
  222-6  business in this state is cancelled or surrendered shall be liable
  222-7  for any unpaid assessments made prior to the date of such
  222-8  cancellation or surrender.
  222-9        SECTION 11.05.  Section 10, Article 9.48, Insurance Code, is
 222-10  amended by amending Subsections (d) and (e) and by adding
 222-11  Subsection (j) to read as follows:
 222-12        (d)  The association stands in the place of the impaired
 222-13  insurer or agent to the extent of its obligation on the covered
 222-14  claims and, to that extent, has all rights, duties, and obligations
 222-15  of the impaired insurer or agent as if the insurer or agent had not
 222-16  become impaired.  In performing its obligations under this article,
 222-17  the association shall not be considered to be in the business of
 222-18  insurance, shall not be considered to have assumed or succeeded to
 222-19  any liabilities of the impaired insurer or the impaired agent, and
 222-20  shall not be considered to otherwise stand in the shoes of the
 222-21  impaired insurer or the impaired agent for any purpose, including,
 222-22  but not limited to, the issue of whether the association is
 222-23  amenable to the personal jurisdiction of the courts of any other
 222-24  state.
 222-25        (e)  The association shall investigate claims brought against
 222-26  the association, the commissioner, or a special deputy receiver
 222-27  appointed under Article 21.28 of this code if the claims involve or
  223-1  may involve the association's rights and obligations under this
  223-2  article, and shall adjust, compromise, settle, and pay covered
  223-3  claims to the extent of the association's obligation, and deny all
  223-4  other claims.  The association may review settlements, releases,
  223-5  and judgments to which the impaired insurer or agent or its
  223-6  insureds were parties to determine the extent to which the
  223-7  settlements, releases, and judgments are contested.
  223-8        (j)  Funds advanced by the association under this article do
  223-9  not become assets of the impaired insurer or the impaired agent but
 223-10  are considered special fund loans to the impaired insurer or the
 223-11  impaired agent for payment of covered claims.  That loan is
 223-12  repayable to the extent available from the funds of the impaired
 223-13  insurer or the impaired agent.
 223-14        SECTION 11.06.  Section 11, Article 9.48, Insurance Code, is
 223-15  amended to read as follows:
 223-16        Sec. 11.  Approval of covered claims.  (a)  Funds received
 223-17  from assessments or from guaranty fees shall be liable only for the
 223-18  difference between the amount of the covered claims and the amount
 223-19  of the assets marshalled by the receiver for payment to holders of
 223-20  covered claims.   In ancillary receiverships in this state, funds
 223-21  received from assessments shall be liable only for the difference
 223-22  between the amount of the covered claims and the amount of assets
 223-23  marshalled by the receivers in other states for application to
 223-24  payment of covered claims within this state.
 223-25        (b)  If a conservator is appointed to handle the affairs of
 223-26  an impaired insurer or agent, the conservator shall determine
 223-27  whether or not covered claims should or can be provided for in
  224-1  whole or in part by reinsurance, assumption, or substitution.  Upon
  224-2  determination by the conservator that actual payment of covered
  224-3  claims should be made, the conservator shall give notice of such
  224-4  determination to claimants falling within the class of "covered
  224-5  claims."  The conservator shall mail such notice to the latest
  224-6  address reflected in the records of the impaired insurer or agent.
  224-7  If the records of the impaired insurer or agent do not reflect the
  224-8  address of a claimant, the conservator may give notice by
  224-9  publication in a newspaper of general circulation.  Such notice
 224-10  shall state the time within which the claimant must file his claim
 224-11  with the conservator, which time shall in no event be less than 90
 224-12  days from the date of the mailing or publication of such notice.
 224-13  The conservator may require, in whole or in part, that sworn claim
 224-14  forms be filed and may require that additional information or
 224-15  evidence be filed as may be reasonably necessary for the
 224-16  conservator to determine the legality or the amount due under a
 224-17  covered claim.  When an impaired insurer or agent has been placed
 224-18  in conservatorship, the funds received from assessments or from
 224-19  guaranty fees shall be liable only for the difference between the
 224-20  amount of the covered claim approved by the conservator and the
 224-21  amount of assets marshalled by the conservator for payment to
 224-22  holders of covered claims.
 224-23        (c)  Upon determination by the conservator that actual
 224-24  payment of covered claims should be made or upon order of the court
 224-25  to the receiver to give notice for the filing of claims, any person
 224-26  who has a cause of action against an insured of the impaired
 224-27  insurer under a title insurance policy issued or assumed by such
  225-1  insurer shall, if such cause of action meets the definition of
  225-2  "covered claim," have the right to file a claim with the receiver
  225-3  or the conservator, regardless of the fact that such claim may be
  225-4  unliquidated or undetermined, and such claim may be approved as a
  225-5  "covered claim" (1) if it may be reasonably inferred from the proof
  225-6  presented upon such claim that such person would be able to obtain
  225-7  a judgment upon such cause of action against such insured; and (2)
  225-8  if such person shall furnish suitable proof that no further valid
  225-9  claims against such insurer arising out of his cause of action
 225-10  other than those already presented can be made; and (3) if the
 225-11  total liability of such insurer to all claimants arising from the
 225-12  same title insurance policy shall be no greater than its total
 225-13  liability would be were it not in liquidation, rehabilitation, or
 225-14  conservation.  In the proceedings of considering "covered claims,"
 225-15  no judgment against an insured taken after the date of the
 225-16  commencement of the delinquency proceedings or the appointment of a
 225-17  conservator shall be considered as evidence of liability, or of the
 225-18  amount of damages, and no judgment <against an insured> taken by
 225-19  default or consent against an insured or the impaired insurer and
 225-20  any settlement, release, or judgment entered into by the insured or
 225-21  the impaired insurer may not be considered to be binding on the
 225-22  association and may not <by collusion prior to the commencement of
 225-23  the delinquency proceedings or the appointment of a conservator
 225-24  shall> be considered as <conclusive> evidence <either (1)> of the
 225-25  liability <of such insured to such person upon such cause of
 225-26  action,> or <(2) of the amount> of damages in connection with any
 225-27  claim brought against the association or any other party under this
  226-1  article <to which such person is therein entitled>.
  226-2        (d)  The acceptance of payment from the association by the
  226-3  holder of a covered claim or the acceptance of the benefits of
  226-4  contracts by the association providing for reinsurance or
  226-5  assumption of liabilities or for substitution shall constitute an
  226-6  assignment to the association of any cause of action or right of
  226-7  the holder of such covered claim arising from the occurrence upon
  226-8  which the covered claim is based.  Such assignment shall be to the
  226-9  extent of the amount accepted or the value of the benefits provided
 226-10  by such contracts of reinsurance or assumption of liabilities or
 226-11  substitution.  Such assignment to the association may be assigned
 226-12  to the insurer executing such reinsurance, assumption or
 226-13  substitution agreement.
 226-14        (e)  The receiver or statutory successor of an impaired
 226-15  insurer is bound by settlements of covered claims by the
 226-16  association.  The court having jurisdiction shall grant those
 226-17  claims priority equal to that to which the claimant would have been
 226-18  entitled in the absence of this article against the assets of the
 226-19  impaired insurer.  The expenses of the association in handling
 226-20  claims shall be accorded the same priority as the receiver's
 226-21  expenses.
 226-22        (f)  The association shall file periodically with the
 226-23  receiver of the impaired insurer statements of the covered claims
 226-24  paid by the association and estimates of anticipated claims on the
 226-25  association that shall preserve the rights of the association
 226-26  against the assets of the impaired insurer.
 226-27        SECTION 11.07.  Section 14, Article 9.48, Insurance Code, is
  227-1  amended by amending Subsection (c) and by adding Subsection (g) to
  227-2  read as follows:
  227-3        (c)  Powers and duties of association.  In addition to the
  227-4  powers and duties provided by other sections of this article, the
  227-5  association:
  227-6              (1)  may render assistance and advice to the
  227-7  commissioner, upon his request, concerning rehabilitation, payment
  227-8  of claims, continuations of coverage, or the performance of other
  227-9  contractual obligations of any impaired insurer or agent;
 227-10              (2)  has standing to appear before any court in this
 227-11  state with jurisdiction over an impaired insurer or agent
 227-12  concerning which the association is or may become obligated under
 227-13  this article;
 227-14              (3)  Each director of the association shall file a
 227-15  financial statement with the Texas Ethics Commission <secretary of
 227-16  state> in accordance with Sections 3 and 4, Chapter 421, Acts of
 227-17  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
 227-18  Vernon's Texas Civil Statutes).
 227-19              (4)  may borrow funds as necessary to implement this
 227-20  article in accordance with the plan of operation;
 227-21              (5)  may lend money to an impaired insurer;
 227-22              (6)  sue or be sued, including taking any legal actions
 227-23  necessary or proper for recovery of any unpaid assessments;
 227-24              (7)  may enter into contracts as necessary or proper to
 227-25  implement this article;
 227-26              (8) <(5)>  may employ or retain such persons who are
 227-27  necessary to handle the financial transactions of the association,
  228-1  and to perform any other functions that become necessary or proper
  228-2  under this article;
  228-3              (9)  may ensure payment of the policy obligations of an
  228-4  impaired insurer;
  228-5              (10) <(6)>  may negotiate and contract with any
  228-6  liquidator, rehabilitator, conservator, receiver, or ancillary
  228-7  receiver to carry out the powers and duties of the association;
  228-8              (11)  may guarantee, assume, or reinsure, or cause to
  228-9  be guaranteed, assumed, or reinsured, a policy or contract of an
 228-10  impaired insurer;
 228-11              (12) <(7)>  may take legal action as necessary to avoid
 228-12  the payment of improper claims, or to settle claims or potential
 228-13  claims against the impaired insurer or association;
 228-14              (13) <(8)>  shall, on the request of the commissioner,
 228-15  authorize the expenditure of funds from the guaranty fee account to
 228-16  retain, compensate, and reimburse for reasonable and necessary
 228-17  expenses, a person or persons who will audit and review agent and
 228-18  insurer escrow and trust accounts and make reports relating to
 228-19  those accounts to the commissioner, solely under the direction of
 228-20  and as assigned by the commissioner; <and>
 228-21              (14) <(9)>  shall collect, receive, retain, and
 228-22  disburse the income provided by Section 6 of this article solely
 228-23  for the purposes, to the persons, and under the circumstances that
 228-24  are specifically stated in this article; and
 228-25              (15)  may perform other acts as necessary or proper to
 228-26  implement this article.
 228-27        (g)  Notwithstanding Chapter 271, Acts of the 60th
  229-1  Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
  229-2  Civil Statutes), the board may hold an open meeting by telephone
  229-3  conference call if immediate action is required and the convening
  229-4  at one location of a quorum of the board is not reasonable or
  229-5  practical.  The meeting is subject to the notice requirements
  229-6  applicable to other meetings.  The notice of the meeting must
  229-7  specify as the location of the meeting the location at which
  229-8  meetings of the board are usually held.  Each part of the meeting
  229-9  that is required to be open to the public shall be audible to the
 229-10  public at the location specified in the notice of the meeting as
 229-11  the location of the meeting and shall be tape recorded.  The tape
 229-12  recording shall be made available to the public for 30 days after
 229-13  the meeting date.
 229-14        SECTION 11.08.  Article 9.48, Insurance Code, is amended by
 229-15  adding Section 15A to read as follows:
 229-16        Sec. 15A.  DUTIES AND POWERS OF COMMISSIONER.  (a)  The
 229-17  commissioner shall notify the association of the existence of an
 229-18  impaired insurer not later than the third day after the date on
 229-19  which the commissioner gives notice of the designation of
 229-20  impairment.  The association is entitled to a copy of any complaint
 229-21  seeking an order of receivership with a finding of insolvency
 229-22  against an insurer at the same time that the complaint is filed
 229-23  with a court of competent jurisdiction.
 229-24        (b)  The commissioner shall notify the board when the
 229-25  commissioner receives a report from the commissioner of insurance
 229-26  or other analogous officer of another state that indicates that an
 229-27  insurer has been designated impaired in another state.  The report
  230-1  to the board must contain all significant details of the action
  230-2  taken or the report received from the other commissioner or
  230-3  analogous officer.
  230-4        (c)  The commissioner shall report to the board when the
  230-5  commissioner has reasonable cause to believe from any examination,
  230-6  whether completed or in process, of any insurer that the insurer
  230-7  may be an impaired insurer.  The board may use this information in
  230-8  carrying out its duties and responsibilities under this article.
  230-9  The board shall keep the report and the information contained in
 230-10  the report confidential until it is made public by the commissioner
 230-11  or other lawful authority.
 230-12        (d)  On the request of the board, the commissioner shall
 230-13  provide the association with a statement of the net direct written
 230-14  premiums of each insurer.
 230-15        (e)  The commissioner may require that the association notify
 230-16  the insureds of the impaired insurer and any other interested
 230-17  parties of the designation of impairment and of their rights under
 230-18  this article.  Notification by publication in a newspaper of
 230-19  general circulation is sufficient notice under this section.
 230-20        SECTION 11.09.  Section 17(a), Article 9.48, Insurance Code,
 230-21  is amended to read as follows:
 230-22        (a)  There shall be no liability on the part of and no cause
 230-23  of action of any nature shall arise against any member insurer of
 230-24  the association or its agents or employees, the association or its
 230-25  agents or employees, members of the association's board of
 230-26  directors, the receiver, a special deputy receiver or its agents or
 230-27  employees, or the commissioner or his representatives for any good
  231-1  faith action or omission in the performance of their powers and
  231-2  duties under this article.
  231-3        SECTION 11.10.  Sections 20(c) and (d), Article 9.48,
  231-4  Insurance Code, are amended to read as follows:
  231-5        (c)  If an insurer is appealing an assessment, the amount
  231-6  assessed shall be paid to the association and shall be available to
  231-7  meet association obligations during the pendency of an appeal.  If
  231-8  the appeal on the assessment is upheld, the amount paid in error or
  231-9  excess shall be returned to the insurer.  <The liability of the
 231-10  appealing insurer for an assessment shall be suspended pending
 231-11  appeal by such insurer contesting the amount or legality of such
 231-12  assessment.>
 231-13        (d)  Venue in a suit <against the association> relating to
 231-14  any action or ruling <of the association> made under this article
 231-15  is in Travis County.   Either party to the action may appeal to the
 231-16  appellate court having jurisdiction over the cause.  The appeal
 231-17  shall be at once returnable to the appellate court having
 231-18  jurisdiction over the cause, and the action so appealed shall have
 231-19  precedence in the appellate court over all cases of a different
 231-20  character pending before the court.  The commissioner and
 231-21  association are <is> not required to give an appeal bond in an
 231-22  appeal of a cause of action arising under this article.
 231-23        SECTION 11.11.  Article 9.48, Insurance Code, is amended by
 231-24  adding Section 23 to read as follows:
 231-25        Sec. 23.  MISCELLANEOUS PROVISIONS.  (a)  The association
 231-26  shall maintain records of all negotiations and meetings in which
 231-27  the association or its representatives discuss the activities of
  232-1  the association in carrying out its powers and duties under this
  232-2  article.  Records of the negotiations or meetings may be made
  232-3  public only on the termination of a liquidation, rehabilitation, or
  232-4  conservation proceeding involving the impaired or insolvent
  232-5  insurer, on the termination of the impairment or insolvency of the
  232-6  insurer, or on the order of a court of competent jurisdiction.
  232-7  This subsection does not limit the duty of the association to
  232-8  report on its activities under Section 14 of this article.
  232-9        (b)  To carry out its obligations under this article,  the
 232-10  association is considered a creditor of the impaired or insolvent
 232-11  insurer to the extent of assets attributable to covered policies,
 232-12  reduced by any amounts that the association recovers as a subrogee
 232-13  under this article.  Assets of the impaired or insolvent insurer
 232-14  attributable to covered policies shall be used to continue all
 232-15  covered policies and pay all contractual obligations of the
 232-16  impaired or insolvent insurer as required by this article.  For
 232-17  purposes of this subsection, assets attributable to covered
 232-18  policies are that proportion of the assets that the reserves that
 232-19  should have been established for the covered policies bear to the
 232-20  reserves that should have been established for all policies of
 232-21  insurance written by the impaired or insolvent insurer.
 232-22        (c)  A distribution to stockholders of an impaired or
 232-23  insolvent insurer may not be made until the total amount of valid
 232-24  claims of the association for funds expended in carrying out its
 232-25  powers and duties under this article with respect to the insurer
 232-26  have been recovered with interest by the association.
 232-27        (d)  If an order of receivership of an insurer domiciled in
  233-1  this state has been entered, the receiver appointed under the order
  233-2  may recover on behalf of the insurer, from any affiliate that
  233-3  controlled it, the amount of distributions, other than stock
  233-4  dividends paid by the insurer on its capital stock, made at any
  233-5  time during the five years preceding the petition for liquidation
  233-6  or rehabilitation, subject to the limitations imposed under
  233-7  Subsections (e), (f), and (g) of this section.
  233-8        (e)  A distribution to stockholders is not recoverable under
  233-9  Subsection (d) of this section if the insurer shows that the
 233-10  distribution was lawful and reasonable as of the date of payment,
 233-11  and that the insurer did not know and could not reasonably have
 233-12  known that the distribution might adversely affect the ability of
 233-13  the insurer to fulfill its contractual obligations.
 233-14        (f)  A person that was an affiliate that controlled the
 233-15  insurer at the time distributions subject to Subsection (d) of this
 233-16  section were paid is liable for the amount of distributions
 233-17  received.  A person that was an affiliate that controlled the
 233-18  insurer at the time the distributions were declared is liable for
 233-19  the amount of distributions the person would have received if they
 233-20  had been paid immediately.  If two or more persons are liable with
 233-21  respect to the same distributions, those persons are jointly and
 233-22  severally liable.
 233-23        (g)  The maximum amount recoverable under Subsections (d) and
 233-24  (f) of this section is the amount needed in excess of all other
 233-25  available assets of the insolvent insurer to pay the contractual
 233-26  obligations of the insolvent insurer.
 233-27        (h)  If a person liable under Subsection (f) of this section
  234-1  is insolvent, all of its affiliates that controlled it at the time
  234-2  the distribution was paid are jointly and severally liable for any
  234-3  resulting deficiency in the amount recovered from the insolvent
  234-4  affiliate.
  234-5        (i)  An impaired insurer placed in conservatorship or
  234-6  receivership for which assessments have been made under this
  234-7  article, or for which association funds have been provided, may
  234-8  not, on release from conservatorship or receivership, issue new or
  234-9  renewal insurance policies until the insurer has repaid in full the
 234-10  amount of guaranty fees furnished by the association.  The
 234-11  commissioner may permit, on application of the association and
 234-12  after hearing, the issuance of new policies in accordance with a
 234-13  plan of operation by the released insurer for repayment.  The
 234-14  commissioner, in approving the plan, may place restrictions on the
 234-15  issuance of new or renewal policies as necessary for the
 234-16  implementation of the plan.  The commissioner shall give notice of
 234-17  a hearing under this subsection to the association not later than
 234-18  the 11th day before the date on which the hearing is scheduled.
 234-19  The association and member insurers that paid assessments in
 234-20  relation to the impaired insurer are entitled to appear at and
 234-21  participate in the hearing.  Money recovered by the association
 234-22  under this subsection shall be repaid to the member insurers that
 234-23  paid assessments in relation to the impaired insurer on return of
 234-24  the appropriate certificate of contribution.
 234-25          ARTICLE 12.  REGULATION OF CERTAIN LICENSE HOLDERS
 234-26        SECTION 12.01.  Subchapter A, Chapter 21, Insurance Code, is
 234-27  amended by adding Article 21.01-2 to read as follows:
  235-1        Art. 21.01-2.  GENERAL PROVISIONS APPLICABLE TO CERTAIN
  235-2  LICENSE HOLDERS
  235-3        Sec. 1.  APPLICATION.  Except as otherwise provided by this
  235-4  article, this article applies to licensing of persons under:
  235-5              (1)  Section 4, Article 1.14-2, Insurance Code;
  235-6              (2)  Section 7, Article 3.75, Insurance Code;
  235-7              (3)  Article 9.36, 9.42, or 9.43, Insurance Code;
  235-8              (4)  Section 6, Article 9.56, Insurance Code;
  235-9              (5)  Section 15 or 15A, Texas Health Maintenance
 235-10  Organization Act (Section 20A.15 or 20A.15A, Vernon's Texas
 235-11  Insurance Code);
 235-12              (6)  Article 21.07, Insurance Code;
 235-13              (7)  Chapter 213, Acts of the 54th Legislature, Regular
 235-14  Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
 235-15              (8)  Chapter 29, Acts of the 54th Legislature, Regular
 235-16  Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
 235-17              (9)  the Managing General Agents' Licensing Act
 235-18  (Article 21.07-3, Vernon's Texas Insurance Code);
 235-19              (10)  Chapter 407, Acts of the 63rd Legislature,
 235-20  Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
 235-21  Code);
 235-22              (11)  Article 21.07-6, Insurance Code;
 235-23              (12)  Article 21.07-7, Insurance Code;
 235-24              (13)  Article 21.09, Insurance Code;
 235-25              (14)  Article 21.11, Insurance Code;
 235-26              (15)  Article 21.14, Insurance Code;
 235-27              (16)  Article 21.14-1, Insurance Code;
  236-1              (17)  Article 21.14-2, Insurance Code; or
  236-2              (18)  Article 23.23, Insurance Code.
  236-3        Sec. 2.  RENEWAL OF LICENSES.  (a)  A person may renew an
  236-4  unexpired license by filing a renewal application with the
  236-5  department in the form prescribed by the department and paying to
  236-6  the department before the expiration date of the license the
  236-7  required renewal fee.  A renewal fee paid under this section is
  236-8  nonrefundable.
  236-9        (b)  If a person's license has been expired for 90 days or
 236-10  less, the person may renew the license by filing a renewal
 236-11  application with the department in the form prescribed by the
 236-12  department and paying to the department the required renewal fee
 236-13  and a fee that is equal to one-half of the license fee, if any, for
 236-14  the license.
 236-15        (c)  If a person's license has been expired for longer than
 236-16  90 days, the person may not renew the license.  The person may
 236-17  obtain a new license by submitting to reexamination, if examination
 236-18  is required for original issuance of the license, and complying
 236-19  with the requirements and procedures for obtaining an original
 236-20  license.  However, the department may renew without reexamination
 236-21  an expired license of a person who was licensed in this state,
 236-22  moved to another state, and is currently licensed and has been in
 236-23  practice in the other state for the two years preceding
 236-24  application.  The person must pay to the department a fee that is
 236-25  equal to the license fee.
 236-26        (d)  At least 30 days before the expiration of a person's
 236-27  license, the department shall send written notice of the impending
  237-1  license expiration to the person at the person's last known address
  237-2  according to the records of the department.
  237-3        (e)  The commissioner by rule may adopt a system under which
  237-4  licenses expire on various dates during a licensing period.  For
  237-5  the licensing period in which the license expiration is changed,
  237-6  license fees shall be prorated on a monthly basis so that each
  237-7  license holder shall pay only that portion of the license fee that
  237-8  is allocable to the number of months during which the license is
  237-9  valid.  On renewal of the license on the new expiration date, the
 237-10  total license renewal fee is payable.  The commissioner shall adopt
 237-11  a system under which a person who holds more than one license may
 237-12  renew all the licenses held in a single process.
 237-13        (f)  This section is not applicable to a license issued under
 237-14  Article 21.07-6 of this code.
 237-15        Sec. 3.  LICENSING BY ENDORSEMENT.  The department may waive
 237-16  any license requirement for an applicant with a valid license from
 237-17  another state having license requirements substantially equivalent
 237-18  to those of this state.
 237-19        Sec. 4.  CONTINUING EDUCATION.  (a)  The department may
 237-20  recognize, prepare, or administer continuing education programs for
 237-21  persons whose licenses are subject to this article.
 237-22        (b)  Except as otherwise provided by this code or another
 237-23  insurance law of this state, participation in continuing education
 237-24  programs is voluntary.
 237-25        Sec. 5.  DISCIPLINE OF LICENSE HOLDERS.  (a)  The department
 237-26  shall refuse to issue an original license, revoke, suspend, or
 237-27  refuse to renew a license, place on probation a person whose
  238-1  license has been suspended, assess an administrative penalty, or
  238-2  reprimand a license holder for a violation of this code, another
  238-3  insurance law of this state, or a rule of the commissioner or the
  238-4  board.  If a license suspension is probated, the commissioner may
  238-5  require the person to:
  238-6              (1)  report regularly to the department on matters that
  238-7  are the basis of the probation;
  238-8              (2)  limit the person's practice to the areas
  238-9  prescribed by the department; or
 238-10              (3)  continue or review professional education until
 238-11  the person attains a degree of skill satisfactory to the
 238-12  commissioner in those areas that are the basis of the probation.
 238-13        (b)  If the department proposes to refuse to issue an
 238-14  original license, or to suspend, revoke, or refuse to renew a
 238-15  license, the person affected is entitled to a hearing conducted by
 238-16  the State Office of Administrative Hearings in accordance with
 238-17  Article 1.33B of this code.  Notice of the hearing shall be
 238-18  provided to the person and to any insurance carrier appearing on
 238-19  the application as desiring that the license be issued.  The
 238-20  commissioner shall prescribe procedures by which all decisions to
 238-21  deny, suspend, or revoke a license, or to refuse to renew a
 238-22  license, are made by or are appealable to the commissioner.
 238-23        Sec. 6.  STATUTORY REFERENCES.  A reference in this article
 238-24  to a statutory provision applies to all reenactments, revisions, or
 238-25  amendments of that provision.
 238-26        SECTION 12.02.  Section 7(f), Article 3.75, Insurance Code,
 238-27  is amended to read as follows:
  239-1        (f)  Licenses which have not expired or which have not been
  239-2  suspended or revoked may be renewed by filing with the State Board
  239-3  of Insurance a completed renewal application and paying the
  239-4  nonrefundable renewal fee set by the board in an amount not to
  239-5  exceed $50 on or before the expiration date of the license in
  239-6  accordance with Article 21.01-2 of this code.  <If a license has
  239-7  been expired for not longer than 90 days, the licensee may renew
  239-8  the license by paying to the board the required nonrefundable
  239-9  renewal fee and a nonrefundable fee that is one-half of the
 239-10  original license fee.  If a license has been expired for more than
 239-11  90 days, the license may not be renewed.  A new license may be
 239-12  obtained by complying with the requirements and procedures for
 239-13  obtaining an original license.  At least 30 days before the
 239-14  expiration of a license, the commissioner shall send written notice
 239-15  of the impending license expiration to the licensee at the
 239-16  licensee's last known address.  This subsection may not be
 239-17  construed to prevent the board from denying or refusing to renew a
 239-18  license under applicable law or rules of the State Board of
 239-19  Insurance.>
 239-20        SECTION 12.03.  Article 21.01-1, Insurance Code, is amended
 239-21  to read as follows:
 239-22        Art. 21.01-1.  Agents' Qualifying Examination <to be
 239-23  Prescribed by the Board>.  (a)  The State Board of Insurance may,
 239-24  at its discretion, accept examinations administered by a testing
 239-25  service as satisfying the examination requirements of persons
 239-26  seeking license as agents, solicitors, counselors, or adjusters
 239-27  under this code.  The State Board of Insurance may negotiate
  240-1  agreements with such testing services to include performance of
  240-2  examination development, test scheduling, examination site
  240-3  arrangements, and test administration, grading, reporting and
  240-4  analysis.  The State Board of Insurance may require such testing
  240-5  services to correspond directly with the applicants with regard to
  240-6  the administration of such examinations and that such testing
  240-7  services collect fees for administering such examinations directly
  240-8  from the applicants.  The State Board of Insurance may stipulate
  240-9  that any agreements with such testing services provide for the
 240-10  administration of examinations in specific locales and at specified
 240-11  frequencies.  The State Board of Insurance shall retain the
 240-12  authority to establish the scope and type of all examinations.
 240-13  Prior to negotiating and making any agreement with any testing
 240-14  service as authorized hereby, the State Board of Insurance shall
 240-15  hold a public hearing thereon in accordance with the provisions of
 240-16  Section 5 of the Administrative Procedure and Texas Register Act
 240-17  (Article 6252-13a, Vernon's Texas Civil Statutes), and shall adopt
 240-18  such rules, regulations, and standards as may be deemed appropriate
 240-19  by the Board to implement the authority granted in this Article.
 240-20        (b)  The commissioner may appoint advisory boards consisting
 240-21  of any of the following persons:  persons holding a license for
 240-22  which the respective examinations are intended, persons who are
 240-23  employed by insurance companies appointing such licensees, persons
 240-24  acting as general agents or managers, persons teaching insurance at
 240-25  an accredited college or university in Texas, persons who are
 240-26  citizens of the State of Texas but who are not of any of the
 240-27  preceding descriptions, or any combination of such persons.  The
  241-1  function of such advisory boards will be to make recommendations to
  241-2  the State Board of Insurance or the testing service with respect to
  241-3  the scope, type, and conduct of such examinations and the times and
  241-4  places within the state where they shall be held.  The members of
  241-5  such advisory boards shall serve without pay but shall be
  241-6  reimbursed for their reasonable expenses in attending meetings of
  241-7  their respective advisory boards.
  241-8        (c)  In the absence of an agreement with a testing service,
  241-9  the State Board of Insurance shall administer any required
 241-10  qualifying examination in accordance with the provisions of the
 241-11  respective statutes governing the issuance of the license sought by
 241-12  the applicant.
 241-13        (d)  Not later than the 30th day after the date on which a
 241-14  licensing examination is administered under this code, the
 241-15  department shall notify each examinee of the results of the
 241-16  examination.  However, if an examination is graded or reviewed by a
 241-17  testing service, the department shall notify examinees of the
 241-18  results of the examination not later than the 14th day after the
 241-19  date on which the department receives the results from the testing
 241-20  service.  If the notice of examination results graded or reviewed
 241-21  by a testing service will be delayed for longer than 90 days after
 241-22  the examination date, the department shall notify the examinee of
 241-23  the reason for the delay before the 90th day.  The department may
 241-24  require a testing service to notify examinees of the results of an
 241-25  examination.
 241-26        (e)  If requested in writing by a person who fails a
 241-27  licensing examination administered under this code, the department
  242-1  shall furnish the person with an analysis of the person's
  242-2  performance on the examination.
  242-3        SECTION 12.04.  Sections 4(c) and (d), Article 1.14-2,
  242-4  Insurance Code, are amended to read as follows:
  242-5        (c)  Unless the State Board of Insurance adopts a system for
  242-6  staggered renewal of licenses, as provided by Article 21.01-2 of
  242-7  this code <this section>, each license issued under this section is
  242-8  for a two-year term that expires on December 31; however, the term
  242-9  of the initial licensing period shall expire on December 31 of the
 242-10  year following the year in which the license is issued.  A license
 242-11  may be renewed for periods of two years.
 242-12        (d)  By filing a completed written application in the form
 242-13  prescribed by the State Board of Insurance and paying the
 242-14  nonrefundable renewal fee set by the board in an amount not to
 242-15  exceed $50, an unexpired license may be renewed on or before the
 242-16  expiration date of the license.  <If a license has been expired for
 242-17  not longer than 90 days, the licensee may renew the license by
 242-18  filing a completed written application for renewal and by paying to
 242-19  the board the required nonrefundable renewal fee and a
 242-20  nonrefundable fee that is one-half of the original fee for the
 242-21  license.  If a license has been expired for more than 90 days, the
 242-22  license may not be renewed.  A new license may be obtained by
 242-23  complying with the requirements and procedures for obtaining an
 242-24  original license.  This subsection may not be construed to prevent
 242-25  the board from denying or refusing to renew a license under
 242-26  applicable law or rules of the State Board of Insurance.>
 242-27        SECTION 12.05.  Section 2(b), Article 9.36, Insurance Code,
  243-1  is amended to read as follows:
  243-2        (b)  Unless a staggered renewal system is adopted under
  243-3  Article 21.01-2 of this code and its subsequent amendments <Section
  243-4  5 of this article>, a license shall continue in force until June 1
  243-5  after the second anniversary of the date on which the license was
  243-6  issued unless previously cancelled.
  243-7        SECTION 12.06.  Sections B and E, Article 9.37, Insurance
  243-8  Code, are amended to read as follows:
  243-9        B.  The department may discipline <license of> any agent or
 243-10  direct operation or deny an application under Section 5, Article
 243-11  21.01-2, of this code and its subsequent amendments <may be denied,
 243-12  or a license duly issued may be suspended or revoked or a renewal
 243-13  thereof refused by the Board,> if<, after notice and hearing as
 243-14  hereafter provided,> it finds that the applicant for or holder of
 243-15  such license:
 243-16              (1)  Has wilfully violated any provision of this Act;
 243-17  <or>
 243-18              (2)  Has intentionally made a material misstatement in
 243-19  the application for such license; <or>
 243-20              (3)  Has obtained, or attempted to obtain, such license
 243-21  by fraud or misrepresentation; <or>
 243-22              (4)  Has misappropriated or converted to his own use or
 243-23  illegally withheld money belonging to a title insurance company, an
 243-24  insured or any other person; <or>
 243-25              (5)  <Has otherwise demonstrated lack of
 243-26  trustworthiness or competence to act as an agent or direct
 243-27  operation; or>
  244-1              <(6)>  Has been guilty of fraudulent or dishonest
  244-2  practices; <or>
  244-3              (6) <(7)>  Has materially misrepresented the terms and
  244-4  conditions of title insurance policies or contracts; or
  244-5              (7) <(8)  Is not of good character or reputation; or>
  244-6              <(9)>  Has failed to maintain a separate and distinct
  244-7  accounting of escrow funds, and has failed to maintain an escrow
  244-8  bank account or accounts separate and apart from all other
  244-9  accounts.
 244-10        E.  A disciplinary action or denial of an application under
 244-11  this article may be appealed under Article 1.04 of this code and
 244-12  its subsequent amendments <If the Board shall refuse an application
 244-13  for any license provided for in this Act, or shall suspend, revoke
 244-14  or refuse to renew any such license at said hearing, then any such
 244-15  applicant or licensee, and any title insurance company or companies
 244-16  concerned, may appeal from said order by filing suit against the
 244-17  Board as defendant in any of the District Courts of Travis County,
 244-18  Texas, and not elsewhere, within twenty (20) days from the date of
 244-19  the order of said Board.  The action shall not be limited to
 244-20  questions of law and shall be tried and determined upon a trial de
 244-21  novo to the same extent as now provided for in the case of an
 244-22  appeal from the justice court to the county court.  Any party to
 244-23  said action may appeal to the appellate court having jurisdiction
 244-24  of said cause, and said appeal shall be at once returnable to said
 244-25  appellate court having jurisdiction of said cause and said action
 244-26  so appealed shall have precedence in said appellate court over all
 244-27  causes of a different character therein pending.  The Board shall
  245-1  not be required to give any appeal bond in any cause arising
  245-2  hereunder>.
  245-3        SECTION 12.07.  Section 1(b), Article 9.42, Insurance Code,
  245-4  is amended to read as follows:
  245-5        (b)  Unless a system of staggered renewal is adopted under
  245-6  Article 21.01-2 of this code and its subsequent amendments <Section
  245-7  2 of this article>, a license shall continue in force until the
  245-8  second June 1 after its issuance, unless previously cancelled.
  245-9  Provided, however, that if any title insurance agent or direct
 245-10  operation surrenders its license or has its license revoked by the
 245-11  Board, all existing licenses of its escrow officers shall
 245-12  automatically terminate without notice.
 245-13        SECTION 12.08.  Section B, Article 9.43, Insurance Code, is
 245-14  amended to read as follows:
 245-15        B.  Such application shall contain the following:
 245-16              (1)  that the proposed escrow officer is a natural
 245-17  person, a bona fide resident of the State of Texas, and either an
 245-18  attorney or a bona fide employee of an attorney licensed as an
 245-19  escrow officer, a bona fide employee of a title insurance agent, or
 245-20  a bona fide employee of a direct operation;
 245-21              (2)  that the proposed escrow officer has reasonable
 245-22  experience or instruction in the field of title insurance; and
 245-23              (3)  that <the proposed escrow officer is known to the
 245-24  direct operation or title insurance agent to have a good business
 245-25  reputation and is worthy of the public trust and> the direct
 245-26  operation or title insurance agent knows of no fact or condition
 245-27  which would disqualify the proposed escrow officer from receiving a
  246-1  license.
  246-2        SECTION 12.09.  Sections 2 and 5, Article 9.44, Insurance
  246-3  Code, are amended to read as follows:
  246-4        Sec. 2.  The department may discipline an <license of any>
  246-5  escrow officer or deny an application under Section 5, Article
  246-6  21.01-2, of this code and its subsequent amendments <may be denied,
  246-7  or a license duly issued may be suspended or revoked or a renewal
  246-8  thereof refused by the Board,> if<, after notice and hearing as
  246-9  hereafter provided,> it finds that the applicant for or holder of
 246-10  such license:
 246-11              (1)  has wilfully violated any provision of this Act;
 246-12              (2)  has intentionally made a material misstatement in
 246-13  the application for such license;
 246-14              (3)  has obtained, or attempted to obtain, such license
 246-15  by fraud or misrepresentation;
 246-16              (4)  has misappropriated or converted to the escrow
 246-17  officer's own use or illegally withheld money belonging to a direct
 246-18  operation, title insurance agent, or any other person;
 246-19              (5)  <has otherwise demonstrated lack of
 246-20  trustworthiness or competence to act as escrow officer;>
 246-21              <(6)>  has been guilty of fraudulent or dishonest
 246-22  practices;
 246-23              (6) <(7)>  has materially misrepresented the terms and
 246-24  conditions of title insurance policies or contracts;
 246-25              <(8)  is not of good character or reputation;> or
 246-26              (7) <(9)>  has failed to complete all educational
 246-27  requirements.
  247-1        Sec. 5.  A disciplinary action or denial of an application
  247-2  under this article may be appealed under Article 1.04 of this code
  247-3  and its subsequent amendments <If the Board shall refuse an
  247-4  application for any license provided for in this Article, or shall
  247-5  suspend, revoke or refuse to renew any such license at said
  247-6  hearing, then any such applicant may appeal from said order by
  247-7  filing suit against the Board as defendant in any of the District
  247-8  Courts of Travis County, Texas, and not elsewhere, within twenty
  247-9  (20) days from the date of the order of said Board.  The action
 247-10  shall not be limited to questions of law and shall be tried and
 247-11  determined upon a trial de novo to the same extent as now provided
 247-12  for in the case of an appeal from the justice court to the county
 247-13  court.  Either party to said action may appeal to the appellate
 247-14  court having jurisdiction of said cause, and said appeal shall be
 247-15  at once returnable to said appellate court having jurisdiction of
 247-16  said cause and said action so appealed shall have precedence in
 247-17  said appellate court over all causes of a different character
 247-18  therein pending.  The Board shall not be required to give any
 247-19  appeal bond in any cause arising hereunder>.
 247-20        SECTION 12.10.  Section 6(b), Article 9.56, Insurance Code,
 247-21  is amended to read as follows:
 247-22        (b)  Unless a system of staggered renewal is adopted under
 247-23  Article 21.01-2 of this code and its subsequent amendments
 247-24  <Subsection (d) of this section>, on or before the first day of
 247-25  June of each year, every attorney's title insurance company
 247-26  operating under the provisions of this Chapter 9 shall certify to
 247-27  the board, on forms provided by the board, the names and addresses
  248-1  of every title attorney of said attorney's title insurance company,
  248-2  and shall apply for and pay a fee in an amount not to exceed $50 as
  248-3  determined by the board for an annual license in the name of each
  248-4  title attorney included in said list; if any such attorney's title
  248-5  insurance company shall terminate any licensed title attorney, it
  248-6  shall immediately notify the board in writing of such act and
  248-7  request cancellation of such license, notifying the title attorney
  248-8  of such action.  No such attorney's title insurance company shall
  248-9  permit any title attorney appointed by it to write, sign, or
 248-10  deliver title insurance policies within the state until the
 248-11  foregoing conditions have been complied with, and the board has
 248-12  granted said license.  The board shall deliver such license to the
 248-13  attorney's title insurance company for transmittal to the title
 248-14  attorney.
 248-15        Unless a system of staggered renewal is adopted under Article
 248-16  21.01-2 of this code and its subsequent amendments <Subsection (d)
 248-17  of this section>, licenses shall continue until the first day of
 248-18  the next June unless previously cancelled; provided, however, that
 248-19  if any attorney's title insurance company surrenders or has its
 248-20  certificate of authority revoked by the board, all existing
 248-21  licenses of its title attorneys shall automatically terminate
 248-22  without notice.
 248-23        The board shall keep a record of the names and addresses of
 248-24  all licensed title attorneys in such manner that the title
 248-25  attorneys appointed by any attorney's title insurance company
 248-26  authorized to transact the business of an attorney's title
 248-27  insurance company within the State of Texas may be conveniently
  249-1  ascertained and inspected by any person upon request.
  249-2        SECTION 12.11.  Sections 8(b) and (e), Article 9.56,
  249-3  Insurance Code, are amended to read as follows:
  249-4        (b)  The department may discipline a <license of any> title
  249-5  attorney or deny an application under Section 5, Article 21.01-2,
  249-6  of this code and its subsequent amendments <may be denied, or a
  249-7  license duly issued may be suspended or revoked or a renewal
  249-8  thereof refused by the board,> if<, after notice and hearing as
  249-9  hereafter provided,> it finds that the applicant for or holder of
 249-10  such license:
 249-11              (1)  has wilfully violated any provision of this
 249-12  Chapter 9; <or>
 249-13              (2)  has intentionally made a material misstatement in
 249-14  the application for such license; <or>
 249-15              (3)  has obtained, or attempted to obtain, such license
 249-16  by fraud or misrepresentation; <or>
 249-17              (4)  has misappropriated or converted to his own use or
 249-18  illegally withheld money belonging to an attorney's title insurance
 249-19  company, an insured, or any other person; <or>
 249-20              (5)  <has otherwise demonstrated lack of
 249-21  trustworthiness or competence to act as a title attorney; or>
 249-22              <(6)>  has been guilty of fraudulent or dishonest
 249-23  practices; <or>
 249-24              (6) <(7)>  has materially misrepresented the terms and
 249-25  conditions of title insurance policies or contracts; <or>
 249-26              <(8)  is not of good character or reputation; or>
 249-27              (7) <(9)>  has failed to maintain a separate and
  250-1  distinct accounting of escrow funds, and has failed to maintain an
  250-2  escrow bank account or accounts separate and apart from all other
  250-3  accounts; <or>
  250-4              (8) <(10)>  has failed to remain a member of the State
  250-5  Bar of Texas, or has been disbarred; or
  250-6              (9) <(11)>  is no longer actively engaged in the
  250-7  practice of law.
  250-8        (e)  A disciplinary action or denial of an application under
  250-9  this article may be appealed under Article 1.04 of this code and
 250-10  its subsequent amendments <If the board shall refuse an application
 250-11  for any license provided for in this Act, or shall suspend, revoke,
 250-12  or refuse to renew any such license at said hearing, then any such
 250-13  applicant or licensee, and any attorney's title insurance company
 250-14  concerned, may appeal from said order by filing suit against the
 250-15  board as defendant in any of the district courts of Travis County,
 250-16  Texas, and not elsewhere, within 20 days from the date of the order
 250-17  of said board.  The action shall not be limited to questions of law
 250-18  and shall be tried and determined upon a trial de novo to the same
 250-19  extent as now provided for in the case of an appeal from the
 250-20  justice court to the county court.  Any party to said action may
 250-21  appeal to the appellate court having jurisdiction of said cause,
 250-22  and said appeal shall be at once returnable to said appellate court
 250-23  having jurisdiction of said cause and said action so appealed shall
 250-24  have precedence in said appellate court over all causes of a
 250-25  different character therein pending.  The board shall not be
 250-26  required to give any appeal bond in any cause arising hereunder>.
 250-27        SECTION 12.12.  Chapter 10, Insurance Code, is amended by
  251-1  adding Article 10.37-2 to read as follows:
  251-2        Art. 10.37-2.  CERTAIN PERSONS MAY NOT SOLICIT.  A fraternal
  251-3  benefit society may not employ or otherwise retain a person to
  251-4  solicit business if that person has had a license revoked under
  251-5  Articles 21.07 or 21.14, Insurance Code, or under Chapter 213, Acts
  251-6  of the 54th Legislature, Regular Session, 1955 (Article 21.07-1,
  251-7  Vernon's Texas Insurance Code).
  251-8        SECTION 12.13.  Section 15(c), Texas Health Maintenance
  251-9  Organization Act (Section 20A.15, Vernon's Texas Insurance Code),
 251-10  is amended to read as follows:
 251-11        (c)  Except as may be provided by a staggered renewal system
 251-12  adopted under Article 21.01-2, Insurance Code, and its subsequent
 251-13  amendments <Subsection (i) of this section>, each license issued to
 251-14  a health maintenance organization agent shall expire two years
 251-15  following the date of issue, unless prior thereto it is suspended
 251-16  or revoked by the commissioner or the authority of the agent to act
 251-17  for the health maintenance organization is terminated.
 251-18        SECTION 12.14.  Sections 15A(c) and (i), Texas Health
 251-19  Maintenance Organization Act (Section 20A.15A, Vernon's Texas
 251-20  Insurance Code), are amended to read as follows:
 251-21        (c)  Except as may be provided by a staggered renewal system
 251-22  adopted under Article 21.01-2, Insurance Code, and its subsequent
 251-23  amendments <Section 15(i) of this Act>, each license issued to a
 251-24  health maintenance organization agent under this section shall
 251-25  expire two years following the date of issuance, unless before that
 251-26  time the license is suspended or revoked by the commissioner or the
 251-27  authority of the agent to act for the health maintenance
  252-1  organization is terminated.
  252-2        (i)  A licensee may renew an unexpired license issued under
  252-3  this section by filing the required renewal application and paying
  252-4  a nonrefundable fee with the State Board of Insurance on or before
  252-5  the expiration date of the license.  <If a license has been expired
  252-6  for not longer than 90 days, the licensee may renew the license by
  252-7  filing a completed application and paying to the State Board of
  252-8  Insurance the required nonrefundable renewal fee and a
  252-9  nonrefundable fee that is one-half of the original license fee.  If
 252-10  a license has been expired for more than 90 days, the license may
 252-11  not be renewed.  A new license may be obtained by complying with
 252-12  the requirements and procedures for obtaining an original license.
 252-13  At least 30 days before the expiration of a license, the
 252-14  commissioner shall send written notice of the impending license
 252-15  expiration to the licensee at the licensee's last known address.
 252-16  This section does not prevent the State Board of Insurance from
 252-17  denying or refusing to renew a license under applicable law or
 252-18  rules.>
 252-19        SECTION 12.15.  Article 21.06, Insurance Code, is amended to
 252-20  read as follows:
 252-21        Art. 21.06.  Certificates for Agents.  Each such foreign
 252-22  insurance company shall, by resolution of its board of directors,
 252-23  designate some officer or agent who is empowered to appoint or
 252-24  employ its agents or solicitors in this State, and such officer or
 252-25  agent shall promptly notify the Board in writing of the name, title
 252-26  and address of each person so appointed or employed.  Upon receipt
 252-27  of this notice, <if such person is of good reputation and
  253-1  character,> the Board shall issue to him a certificate which shall
  253-2  include a copy of the certificate of authority authorizing the
  253-3  company requesting it to do business in this State, and the name
  253-4  and title of the person to whom the certificate is issued.  Such
  253-5  certificate, unless sooner revoked by the Board for cause or
  253-6  cancelled at the request of the company employing the holder
  253-7  thereof, shall continue in force until the first day of March next
  253-8  after its issuance, and must be renewed annually.
  253-9        SECTION 12.16.  Section 1, Article 21.07, Insurance Code, is
 253-10  amended by adding Subsection (c) to read as follows:
 253-11        (c)  A person who has had a license revoked under Section 10
 253-12  of this article may not solicit or otherwise transact business
 253-13  under Chapter 10 of this code.
 253-14        SECTION 12.17.  Section 2(b), Article 21.07, Insurance Code,
 253-15  is amended to read as follows:
 253-16        (b)  The application must bear a signed endorsement by an
 253-17  officer or properly authorized representative of the insurance
 253-18  carrier that the individual applicant or each member of the
 253-19  partnership or each officer, director, and shareholder of the
 253-20  corporation is <trustworthy, of good character and good reputation,
 253-21  and> qualified to hold himself or the partnership or the
 253-22  corporation out in good faith to the general public as an insurance
 253-23  agent, and that the insurance carrier desires that the applicant
 253-24  act as an insurance agent to represent it in this State.
 253-25        SECTION 12.18.  Section 3, Article 21.07, Insurance Code, is
 253-26  amended to read as follows:
 253-27        Sec. 3.  Issuance of License Under Certain Circumstances.
  254-1  The <After the State Board of Insurance has determined that such
  254-2  applicant is of good character and trustworthy, the> State Board of
  254-3  Insurance shall issue a license to a <such> person or corporation
  254-4  in such form as it may prepare authorizing such applicant to write
  254-5  the types of insurance authorized by law to be issued by
  254-6  applicant's appointing insurance carrier, except that:
  254-7              (a)  Such applicant shall not be authorized to write
  254-8  health and accident insurance unless:  (i) applicant, if not a
  254-9  partnership or corporation, shall have first passed a written
 254-10  examination as provided for in this Article 21.07, as amended, or
 254-11  (ii) applicant will act only as a ticket-selling agent of a public
 254-12  carrier with respect to accident life insurance covering risks of
 254-13  travel or as an agent selling credit life, health and accident
 254-14  insurance issued exclusively in connection with credit
 254-15  transactions, or (iii) applicant will write policies or riders to
 254-16  policies providing only lump sum cash benefits in the event of the
 254-17  accidental death, or death by accidental means, or dismemberment,
 254-18  or providing only ambulance expense benefits in the event of
 254-19  accident or sickness; and
 254-20              (b)  Such applicant, if not a partnership or
 254-21  corporation, shall not be authorized to write life insurance in
 254-22  excess of $7,500 <$5,000> upon any one life unless:  (i) applicant,
 254-23  if not a partnership or corporation, shall have first passed a
 254-24  written examination as provided for in this Article 21.07, as
 254-25  amended, or (ii) applicant will act only as a ticket-selling agent
 254-26  of a public carrier with respect to accident life insurance
 254-27  covering risks of travel or as an agent selling credit life, health
  255-1  and accident insurance issued exclusively in connection with credit
  255-2  transactions, or (iii) applicant will write policies or riders to
  255-3  policies providing only lump sum cash benefits in the event of the
  255-4  accidental death, or death by accidental means, or dismemberment,
  255-5  or providing only ambulance expense benefits in the event of
  255-6  accident or sickness.
  255-7        SECTION 12.19.  Section 4(c), Article 21.07, Insurance Code,
  255-8  is amended to read as follows:
  255-9        (c)  After the State Board of Insurance shall determine that
 255-10  such applicant has successfully passed the written examination or
 255-11  it has been waived, <and is a person of good character and
 255-12  reputation,> the State Board of Insurance shall forthwith issue a
 255-13  license to such applicant which shall also authorize such applicant
 255-14  to write health and accident insurance for the designated insurance
 255-15  carrier.
 255-16        SECTION 12.20.  Sections 4A(a), (c), and (e), Article 21.07,
 255-17  Insurance Code, are amended to read as follows:
 255-18        (a)  Each applicant for a license under the provisions of
 255-19  this Article 21.07, Insurance Code, as amended, who desires to
 255-20  write life insurance in excess of $7,500 <$5,000> upon any one
 255-21  life, other than as excepted in Section 3 of this  Article 21.07,
 255-22  within this state shall submit to a personal written examination
 255-23  prescribed by the State Board of Insurance and administered in the
 255-24  English or Spanish language to determine his competency with
 255-25  respect to life insurance and his familiarity with the pertinent
 255-26  provisions of the laws of the State of Texas relating to life
 255-27  insurance and shall pass the same to the satisfaction of the State
  256-1  Board of Insurance; except that no written examination shall be
  256-2  required of an applicant that is a partnership or corporation.
  256-3        (c)  After the State Board of Insurance shall determine that
  256-4  such applicant has successfully passed the written examination or
  256-5  it has been waived <and is a person of good character and
  256-6  reputation>, the State Board of Insurance shall forthwith issue a
  256-7  license to such applicant which shall also authorize such applicant
  256-8  to write life insurance upon any one life in excess of $7,500 <Five
  256-9  Thousand Dollars ($5,000.00)> for the designated insurance carrier.
 256-10        (e)  When any license shall be issued by the State Board of
 256-11  Insurance to an applicant entitled to write life insurance upon any
 256-12  one life in excess of $7,500 <Five Thousand Dollars ($5,000.00)>,
 256-13  the license shall have stamped thereon the words, "Life Insurance
 256-14  in Excess of $7,500 <$5,000.00>."
 256-15        SECTION 12.21.  Sections 5, 8, and 11, Article 21.07,
 256-16  Insurance Code, are amended to read as follows:
 256-17        Sec. 5.  Failure of Applicant to Qualify for License.  If
 256-18  <the State Board of Insurance is not satisfied that> the applicant
 256-19  for a license <is trustworthy and of good character, or, if
 256-20  applicable, that the applicant>, if required to do so, has not
 256-21  passed the written examination to the satisfaction of the State
 256-22  Board of Insurance, the State Board of Insurance shall forthwith
 256-23  notify the applicant and the insurance carrier in writing that the
 256-24  license will not be issued to the applicant.
 256-25        Sec. 8.  Temporary license.  The department<, if it is
 256-26  satisfied with the honesty and trustworthiness of any applicant who
 256-27  desires to write health and accident insurance,> may issue a
  257-1  temporary agent's license, authorizing the applicant to write
  257-2  health and accident insurance, as well as all other insurance
  257-3  authorized to be written by the appointing insurance carrier,
  257-4  effective for ninety (90) days, without requiring the applicant to
  257-5  pass a written examination, as follows:
  257-6              To any applicant who has been appointed or who is being
  257-7  considered for appointment as an agent by an insurance carrier
  257-8  authorized to write health and accident insurance immediately upon
  257-9  receipt by the department of an application executed by such person
 257-10  in the form required by this Article, together with a nonrefundable
 257-11  filing fee of $100 and a certificate signed by an officer or
 257-12  properly authorized representative of such insurance carrier
 257-13  certifying:
 257-14                    (a)  <that such insurance carrier has
 257-15  investigated the character and background of such person and is
 257-16  satisfied that he is trustworthy and of good character;>
 257-17                    <(b)>  that such person has been appointed or is
 257-18  being considered for appointment by such insurance carrier as its
 257-19  agent; and
 257-20                    (b) <(c)>  that such insurance carrier desires
 257-21  that such person be issued a temporary license; provided that if
 257-22  such temporary license shall not have been received from the
 257-23  department within seven days from the date on which the application
 257-24  and certificate were delivered to or mailed to the department, the
 257-25  insurance carrier may assume that such temporary license will be
 257-26  issued in due course and the applicant may proceed to act as an
 257-27  agent; provided, however, that no temporary license shall be
  258-1  renewable or issued more than once in a consecutive six months
  258-2  period to the same applicant; and provided further, that no
  258-3  temporary license shall be granted to any person who does not
  258-4  intend to actively sell health and accident insurance to the public
  258-5  generally and it is intended to prohibit the use of a temporary
  258-6  license to obtain commissions from sales to persons of family
  258-7  employment or business relationships to the temporary licensee, to
  258-8  accomplish which purposes an insurance carrier is hereby prohibited
  258-9  from knowingly paying directly or indirectly to the holder of a
 258-10  temporary license under this Section any commissions on the sale of
 258-11  a contract of health and accident insurance to any person related
 258-12  to temporary licensee by blood or marriage, and the holder of a
 258-13  temporary license is hereby prohibited from receiving or accepting
 258-14  commissions on the sale of a contract of health and accident
 258-15  insurance to any person included in the foregoing classes of
 258-16  relationship.
 258-17        Sec. 11.  Judicial review of acts of State Board of
 258-18  Insurance.  If the commissioner refuses an application for license
 258-19  as provided by this Article, or suspends, revokes, or refuses to
 258-20  renew a license at a hearing as provided by this Article, <and this
 258-21  action is upheld on review to the Board as provided by this code,>
 258-22  and if the applicant or accused is dissatisfied with the action of
 258-23  the commissioner <and the Board>, the applicant or accused may
 258-24  appeal from the action as provided by <Section (f),> Article
 258-25  1.04<,> of this code.
 258-26        SECTION 12.22.  Section 10(a), Article 21.07, Insurance Code,
 258-27  is amended to read as follows:
  259-1        (a)  The department may discipline a <A> license holder or
  259-2  deny an application under Section 5, Article 21.01-2, of this code
  259-3  <may be denied, or a license duly issued may be suspended or
  259-4  revoked or the renewal thereof refused by the State Board of
  259-5  Insurance> if<, after notice and hearing as hereafter provided,> it
  259-6  finds that the applicant, individually or through any officer,
  259-7  director, or shareholder, for, or holder of, such license:
  259-8              (1)  Has wilfully violated any provision of the
  259-9  insurance laws of this State; <or>
 259-10              (2)  Has intentionally made a material misstatement in
 259-11  the application for such license; <or>
 259-12              (3)  Has obtained, or attempted to obtain, such license
 259-13  by fraud or misrepresentation; <or>
 259-14              (4)  Has misappropriated or converted to his or its own
 259-15  use or illegally withheld money belonging to an insurance carrier
 259-16  or an insured or beneficiary; <or>
 259-17              (5)  <Has otherwise demonstrated lack of
 259-18  trustworthiness or competence to act as an agent; or>
 259-19              <(6)>  Has been guilty of fraudulent or dishonest
 259-20  practices; <or>
 259-21              (6) <(7)>  Has materially misrepresented the terms and
 259-22  conditions of any insurance policy or contract; <or>
 259-23              (7) <(8)>  Has made or issued, or caused to be made or
 259-24  issued, any statement misrepresenting or making incomplete
 259-25  comparisons regarding the terms or conditions of any insurance
 259-26  contract legally issued by any insurance carrier, for the purpose
 259-27  of inducing or attempting to induce the owner of such contract to
  260-1  forfeit or surrender such contract or allow it to lapse for the
  260-2  purpose of replacing such contract with another; <or>
  260-3              <(9)  Is not of good character or reputation;> or
  260-4              (8) <(10)>  Is convicted of a felony.
  260-5        SECTION 12.23.  Section 19(b), Article 21.07, Insurance Code,
  260-6  is amended to read as follows:
  260-7        (b)  The State Board of Insurance may, upon request of such
  260-8  insurer on application forms furnished by the State Board of
  260-9  Insurance and upon payment of a nonrefundable license fee in an
 260-10  amount not to exceed $50 as determined by the State Board of
 260-11  Insurance, issue such license to such person which will be valid
 260-12  only for such limited representation of such insurer as provided
 260-13  herein.  The application shall be accompanied by a certificate, on
 260-14  forms to be prescribed and furnished by the State Board of
 260-15  Insurance and signed by an officer or properly authorized
 260-16  representative of the insurance company the applicant proposes to
 260-17  represent, stating that the insurance company <has investigated the
 260-18  character and background of the applicant and is satisfied that the
 260-19  applicant is trustworthy and qualified to hold himself out in good
 260-20  faith as an insurance agent, and that the insurance company>
 260-21  desires that the applicant act as an insurance agent to represent
 260-22  the insurance company.  The insurer shall also certify to the State
 260-23  Board of Insurance that it has provided the applicant with at least
 260-24  forty (40) hours of training, has tested the applicant and found
 260-25  the applicant qualified to represent the insurer, and that the
 260-26  insurer is willing to be bound by the acts of such applicant within
 260-27  the scope of such limited representation.
  261-1        SECTION 12.24.  Section 3, Chapter 213, Acts of the 54th
  261-2  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  261-3  Insurance Code), is amended by adding Subsection (c) to read as
  261-4  follows:
  261-5        (c)  A person who has had a license revoked under Section 12
  261-6  of this Act may not solicit or otherwise transact business under
  261-7  Chapter 10 of this code.
  261-8        SECTION 12.25.  Section 4(b), Chapter 213, Acts of the 54th
  261-9  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 261-10  Insurance Code), is amended to read as follows:
 261-11        (b)  The application shall be accompanied by a certificate on
 261-12  forms furnished by the Commissioner and signed by an officer or
 261-13  properly authorized representative of the life insurance company
 261-14  the applicant proposes to represent, stating that <the insurer has
 261-15  investigated the character and background of the applicant and is
 261-16  satisfied that the applicant or the partners of the partnership or
 261-17  the officers, directors, and shareholders of the corporation are
 261-18  trustworthy and qualified to act as a life insurance agent, that>
 261-19  the applicant has completed the educational requirements as
 261-20  provided in this Act, and that the insurer desires that the
 261-21  applicant be licensed as a life insurance agent to represent it in
 261-22  this State.
 261-23        SECTION 12.26.  Section 6, Chapter 213, Acts of the 54th
 261-24  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 261-25  Insurance Code), is amended to read as follows:
 261-26        Sec. 6.  Issuance or Denial of License.  After <If the
 261-27  Commissioner is satisfied that the applicant is trustworthy and
  262-1  competent and after> the applicant, if required to do so, has
  262-2  passed the written examination to the satisfaction of the
  262-3  Commissioner, a license shall be issued forthwith.  If the license
  262-4  is denied for any of the reasons set forth in Section 12 of this
  262-5  Act, the Commissioner shall notify the applicant and the insurer in
  262-6  writing that the license will not be issued to the applicant.
  262-7        SECTION 12.27.  Section 9(a), Chapter 213, Acts of the 54th
  262-8  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  262-9  Insurance Code), is amended to read as follows:
 262-10        (a)  Except as may be provided by a staggered renewal system
 262-11  adopted under Article 21.01-2, Insurance Code <Subsection (e) of
 262-12  this section>, each license issued to a life insurance agent shall
 262-13  expire two years following the date of issue, unless prior thereto
 262-14  it is suspended or revoked by the Commissioner.
 262-15        SECTION 12.28.  Section 10, Chapter 213, Acts of the 54th
 262-16  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 262-17  Insurance Code), is amended to read as follows:
 262-18        Sec. 10.  Temporary License.  (a)  The department<, if it is
 262-19  satisfied with the honesty and trustworthiness of the applicant,>
 262-20  may issue a temporary life insurance agent's license, effective for
 262-21  ninety days, without requiring the applicant to pass a written
 262-22  examination, as follows:
 262-23              (1) <(a)>  To an applicant who has fulfilled the
 262-24  provisions of Section 4 of this Act where such applicant will
 262-25  actually collect the premiums on industrial life insurance
 262-26  contracts during the period of such temporary license; provided,
 262-27  however, that if such temporary license is not received from the
  263-1  department within seven days from the date the application was sent
  263-2  to the department, the company may assume that the temporary
  263-3  license will be issued in due course and the applicant may proceed
  263-4  to act as an agent.  For the purpose of this subsection an
  263-5  industrial life insurance contract shall mean a contract for which
  263-6  the premiums are payable at monthly or more frequent intervals
  263-7  directly by the owner thereof, or by a person representing the
  263-8  owner, to a representative of the company;
  263-9              (2) <(b)>  To any person who is being considered for
 263-10  appointment as an agent by an insurer immediately upon receipt by
 263-11  the department of an application executed by such person in the
 263-12  form required by Section 4 of this Act, together with a
 263-13  nonrefundable filing fee of $100 and a certificate signed by an
 263-14  officer or properly authorized representative of such insurer
 263-15  stating:
 263-16                    (A) <(1)  that such insurer has investigated the
 263-17  character and background of such person and is satisfied that he is
 263-18  trustworthy;>
 263-19                    <(2)>  that such person is being considered for
 263-20  appointment by such insurer as its full-time agent; <and>
 263-21                    (B) <(3)>  that such insurer desires that such
 263-22  person be issued a temporary license; provided that if such
 263-23  temporary license shall not have been received from the department
 263-24  within seven days from the date on which the application and
 263-25  certificate were delivered to or mailed to the department the
 263-26  insurer may assume that such temporary license will be issued in
 263-27  due course and the applicant may proceed to act as an agent;
  264-1  provided, however, that no temporary license shall be renewable nor
  264-2  issued more than once in a consecutive six months period to the
  264-3  same applicant; and provided further, that no temporary license
  264-4  shall be granted to any person who does not intend to apply for a
  264-5  license to sell life insurance to the public generally and it is
  264-6  intended to prohibit the use of a temporary license to obtain
  264-7  commissions from sales to persons of family employment or business
  264-8  relationships to the temporary licensee, to accomplish which
  264-9  purposes an insurer is hereby prohibited from knowingly paying
 264-10  directly or indirectly to the holder of a temporary license under
 264-11  this subsection any commissions on the sale of a contract of
 264-12  insurance on the life of the temporary licensee, or on the life of
 264-13  any person related to him by blood or marriage, or on the life of
 264-14  any person who is or has been during the past six months his
 264-15  employer either as an individual or as a member of a partnership,
 264-16  association, firm or corporation, or on the life of any person who
 264-17  is or who has been during the past six months his employee, and the
 264-18  holder of a temporary license is hereby prohibited from receiving
 264-19  or accepting commissions on the sale of a contract of insurance to
 264-20  any person included in the foregoing classes of relationship;
 264-21                    (C) <(4)>  that a person who has been issued a
 264-22  temporary license under this subsection and is acting under the
 264-23  authority of the temporary license may not engage in any insurance
 264-24  solicitation, sale, or other agency transaction that results in or
 264-25  is intended to result in the replacement of any existing individual
 264-26  life insurance policy form or annuity contract that is in force or
 264-27  receive, directly or indirectly, any commission or other
  265-1  compensation that may or does result from such solicitation, sale,
  265-2  or other agency transaction; and that any person holding a
  265-3  permanent license may not circumvent or attempt to circumvent the
  265-4  intent of this subdivision by acting for or with a person holding
  265-5  such a temporary license.  As used in this subdivision,
  265-6  "replacement" means any transaction in which a new life insurance
  265-7  or annuity contract is to be purchased, and it is known or should
  265-8  be known to the temporary agent that by reason of the solicitation,
  265-9  sale, or other transaction the existing life insurance or annuity
 265-10  contract has been or is to be:
 265-11                          (i) <(A)>  lapsed, forfeited, surrendered,
 265-12  or otherwise terminated;
 265-13                          (ii) <(B)>  converted to reduced paid-up
 265-14  insurance, continued as extended term insurance, or otherwise
 265-15  reduced in value by the use of nonforfeiture benefits or other
 265-16  policy values;
 265-17                          (iii) <(C)>  amended so as to effect either
 265-18  a reduction in benefits or in the term for which coverage would
 265-19  otherwise remain in force or for which benefits would be paid;
 265-20                          (iv) <(D)>  reissued with any reduction in
 265-21  cash value; or
 265-22                          (v) <(E)>  pledged as collateral or
 265-23  subjected to borrowing, whether in a single loan or under a
 265-24  schedule of borrowing over a period of time for amounts in the
 265-25  aggregate exceeding 25 percent of the loan value set forth in the
 265-26  policy; and
 265-27                    (D) <(5)>  that such person will complete, under
  266-1  such insurer's supervision, at least forty hours of training as
  266-2  prescribed by Subsection (c) of this Section within fourteen days
  266-3  from the date on which the application and certificate were
  266-4  delivered or mailed to the department.
  266-5        (b) <(6)>  The department shall have the authority to cancel,
  266-6  suspend, or revoke the temporary appointment powers of any life
  266-7  insurance company, if, after notice and hearing, he finds that such
  266-8  company has abused such temporary appointment powers.  In
  266-9  considering such abuse, the department may consider, but is not
 266-10  limited to, the number of temporary appointments made by a company
 266-11  as provided by Subsection (f) <(e)> of this Section, the percentage
 266-12  of appointees sitting for the examination as life insurance agents
 266-13  under this Article as it may be in violation of Subsection (e)
 266-14  <(d)> of this Section, and the number of appointees successfully
 266-15  passing said examination in accordance with Subsection (e) <(d)>.
 266-16  Appeals from the department's decision shall be made in accordance
 266-17  with Section 13 hereof.
 266-18        (c)  At least forty hours of training must be administered to
 266-19  any applicant for a temporary license as herein defined within
 266-20  fourteen days from the date on which the application and
 266-21  certificate were delivered or mailed to the department.  Of this
 266-22  forty-hour requirement, ten hours must be taught in a classroom
 266-23  setting, including but not limited to an accredited college,
 266-24  university, junior or community college, business school, or
 266-25  private institute or classes sponsored by the insurer and
 266-26  especially established for this purpose.  Such training program
 266-27  shall be constructed so as to provide an applicant with the basic
  267-1  knowledge of:
  267-2              (1)  the broad principles of insurance, licensing, and
  267-3  regulatory laws of this State; and
  267-4              (2)  the obligations and duties of a life insurance
  267-5  agent.
  267-6        (d)  The Commissioner of Insurance may, in his discretion,
  267-7  require that the <such> training program required by Subsection (c)
  267-8  of this Section <shall> be filed with the department for approval
  267-9  in the event the commissioner <he> finds an abuse of temporary
 267-10  appointment powers under Subsection (b)<(6)> of this Section.
 267-11        (e) <(d)>  Each insurer is responsible for requiring that not
 267-12  less than 70 percent of such insurer's applicants for temporary
 267-13  licenses sit for an examination during any two consecutive calendar
 267-14  quarters.  At least 50 percent of those applicants sitting for the
 267-15  examination must pass during such a period.
 267-16        (f) <(e)>  Each insurer may make no more than two hundred and
 267-17  fifty temporary licensee appointments during a calendar year under
 267-18  Subsection (a)(2) <(b)> of this Section.
 267-19        SECTION 12.29.  Section 12(a), Chapter 213, Acts of the 54th
 267-20  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 267-21  Insurance Code), is amended to read as follows:
 267-22        (a)  The commissioner may discipline a <A> license holder or
 267-23  deny an application under Section 5, Article 21.01-2, Insurance
 267-24  Code, <may be denied, or a license duly issued may be suspended or
 267-25  revoked or the renewal thereof refused by the Commissioner> if<,
 267-26  after notice and hearing as hereafter provided,> the Commissioner
 267-27  finds that the applicant, individually or through any officer,
  268-1  director, or shareholder, for, or holder of such license:
  268-2              (1)  Has wilfully violated any provision of the
  268-3  insurance laws of this State;
  268-4              (2)  Has intentionally made a material misstatement in
  268-5  the application for such license;
  268-6              (3)  Has obtained, or attempted to obtain, such license
  268-7  by fraud or misrepresentation;
  268-8              (4)  Has misappropriated or converted to the
  268-9  applicant's or licensee's own use or illegally withheld money
 268-10  belonging to an insurer or an insured or beneficiary;
 268-11              (5)  <Has otherwise demonstrated lack of
 268-12  trustworthiness or competence to act as a life insurance agent;>
 268-13              <(6)>  Has been guilty of fraudulent or dishonest
 268-14  practices;
 268-15              (6) <(7)>  Has materially misrepresented the terms and
 268-16  conditions of life insurance policies or contracts;
 268-17              (7) <(8)>  Has made or issued, or caused to be made or
 268-18  issued, any statement misrepresenting or making incomplete
 268-19  comparisons regarding the terms or conditions of any insurance or
 268-20  annuity contract legally issued by any insurer, for the purpose of
 268-21  inducing or attempting to induce the owner of such contract to
 268-22  forfeit or surrender such contract or allow it to lapse for the
 268-23  purpose of replacing such contract with another;
 268-24              (8) <(9)>  Has obtained, or attempted to obtain such
 268-25  license, not for the purpose of holding himself or itself out to
 268-26  the general public as a life insurance agent, but primarily for the
 268-27  purpose of soliciting, negotiating or procuring life insurance or
  269-1  annuity contracts covering the applicant or licensee, members of
  269-2  the applicant's or licensee's family, or the applicant's or
  269-3  licensee's business associates;
  269-4              (9) <(10)  Is not of good character or reputation; or>
  269-5              <(11)>  Is convicted of a felony; or
  269-6              (10)  Is guilty of rebating an insurance premium or
  269-7  commission to an insured.
  269-8        SECTION 12.30.  Section 13, Chapter 213, Acts of the 54th
  269-9  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 269-10  Insurance Code), is amended to read as follows:
 269-11        Sec. 13.  Judicial review of acts of commissioner.  If the
 269-12  Commissioner refuses an application for license as provided by this
 269-13  Act or suspends, revokes, or refuses to renew a license at a
 269-14  hearing provided by this Act, <and the action is upheld on review
 269-15  to the Board as provided by this Code,> and if the applicant or
 269-16  accused is dissatisfied with the action of the Commissioner and the
 269-17  Board, the applicant or accused may appeal from that action in
 269-18  accordance with <Section (f),> Article 1.04, Insurance Code.
 269-19        SECTION 12.31.  Section 16(h), Chapter 213,  Acts of the 54th
 269-20  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 269-21  Insurance Code), is amended to read as follows:
 269-22        (h)  After the State Board of Insurance determines that an
 269-23  applicant has successfully passed the written examination or is
 269-24  exempt therefrom as provided in Subsection (d) above, <and the
 269-25  board has determined the applicant to be of good character and
 269-26  reputation,> has been appointed to act as an agent by one or more
 269-27  legal reserve life insurance companies, and has paid a
  270-1  nonrefundable license fee not to exceed $50 as determined by the
  270-2  board, the board shall issue a license to such applicant
  270-3  authorizing the applicant to act as an accident and health
  270-4  insurance agent for the appointing insurance carrier.
  270-5        SECTION 12.32.  Section 5, Chapter 29, Acts of the 54th
  270-6  Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
  270-7  Insurance Code), is amended to read as follows:
  270-8        Sec. 5.  Mode of Licensing and Regulation.  (a)  The
  270-9  licensing and regulation of a Life Insurance Counselor, as that
 270-10  term is defined herein, shall be in the same manner and subject to
 270-11  the same requirements as applicable to the licensing of agents of
 270-12  legal reserve life insurance companies as provided in Article
 270-13  21.07-1 of the Texas Insurance Code, 1951, or as provided by any
 270-14  existing or subsequent applicable law governing the licensing of
 270-15  such agents, and all the provisions thereof are hereby made
 270-16  applicable to applicants and licensees under this Act, except that
 270-17  a Life Insurance Counselor shall not advertise in any manner and
 270-18  shall not circulate materials indicating professional superiority
 270-19  or the performance of professional service in a superior manner;
 270-20  provided, however, that an appointment to act for an insurer shall
 270-21  not be a condition to the licensing of a Life Insurance Counselor.
 270-22        (b)  In addition to the above requirements, the applicant for
 270-23  licensure as a Life Insurance Counselor shall submit to the
 270-24  Commissioner <evidence of high moral and ethical character,>
 270-25  documentation that he has been licensed as a life insurance agent
 270-26  in excess of three years.  After the Insurance Commissioner has
 270-27  satisfied himself as to these requirements, he shall then cause the
  271-1  applicant for a Life Insurance Counselor's license to sit for an
  271-2  examination which shall include the following<:>
  271-3        <Such examination shall consist of> five subjects and subject
  271-4  areas:
  271-5              (1) <(a)>  Fundamentals of life and health insurance;
  271-6              (2) <(b)>  Group life insurance, pensions and health
  271-7  insurance;
  271-8              (3) <(c)>  Law, trust and taxation;
  271-9              (4) <(d)>  Finance and economics; and
 271-10              (5) <(e)>  Business insurance and estate planning.
 271-11        (c)  No license shall be granted until such individual shall
 271-12  have successfully passed each of the five parts under Subsection
 271-13  (b) of this section <above enumerated>.  Such examinations may be
 271-14  given and scheduled by the Commissioner at his discretion.
 271-15  Individuals currently holding Life Insurance Counselor licenses
 271-16  issued by the Texas State Board of Insurance, who do not have the
 271-17  equivalent of the requirements above listed, shall have one year
 271-18  from the date of enactment hereof to so qualify.
 271-19        <Unless the State Board of Insurance accepts a qualifying
 271-20  examination administered by a testing service, as provided under
 271-21  Article 21.01-1, Insurance Code, as amended, not later than the
 271-22  30th day after the day on which a licensing examination is
 271-23  administered under this Section, the Commissioner shall send notice
 271-24  to each examinee of the results of the examination.  If an
 271-25  examination is graded or reviewed by a testing service, the
 271-26  Commissioner shall send, or require the testing service to send,
 271-27  notice to the examinees of the results of the examination within
  272-1  two weeks after the date on which the Commissioner receives the
  272-2  results from the testing service.  If the notice of the examination
  272-3  results will be delayed for longer than 90 days after the
  272-4  examination date, the Commissioner shall send, or require the
  272-5  testing service to send, notice to the examinee of the reason for
  272-6  the delay before the 90th day.  If requested in writing by a person
  272-7  who fails the licensing examination administered under this
  272-8  Section, the Commissioner shall send, or require the testing
  272-9  service to send, to the person an analysis of the person's
 272-10  performance on the examination.>
 272-11        SECTION 12.33.  Sections 9, 12, and 14, Managing General
 272-12  Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
 272-13  Code), are amended to read as follows:
 272-14        Sec. 9.  Expiration of License; Renewal.  <(a)>  Except as
 272-15  may be provided by a staggered renewal system adopted under Article
 272-16  21.01-2, Insurance Code <Subsection (c) of this section>, every
 272-17  license issued under this Act expires two years from the date of
 272-18  issuance, unless a completed application to qualify for renewal of
 272-19  such license shall be filed with the commissioner and a
 272-20  nonrefundable fee paid on or before such date, in which event the
 272-21  license sought to be renewed shall continue in full force and
 272-22  effect until renewed or renewal is denied.
 272-23        <(b)  An unexpired license may be renewed by paying the
 272-24  required nonrefundable renewal fee to the board not later than the
 272-25  expiration date of the license.  If a license has been expired for
 272-26  not longer than 90 days, the licensee may renew the license by
 272-27  paying to the board the required nonrefundable renewal fee and a
  273-1  nonrefundable fee that is one-half of the original license fee. If
  273-2  a license has been expired for more than 90 days, the license may
  273-3  not be renewed.  A new license may be obtained by complying with
  273-4  the requirements and procedures for obtaining an original license.
  273-5  At least 30 days before the expiration of a license, the
  273-6  commissioner shall send written notice of the impending license
  273-7  expiration to the licensee at the licensee's last known address.
  273-8  This subsection may not be construed to prevent the board from
  273-9  denying or refusing to renew a license under applicable law or
 273-10  rules of the State Board of Insurance.>
 273-11        <(c)  The State Board of Insurance by rule may adopt a system
 273-12  under which licenses expire on various dates during the year.  For
 273-13  the period in which the license is valid for less than two years,
 273-14  the license fee shall be prorated on a monthly basis so that each
 273-15  licensee shall pay only that portion of the license fee that is
 273-16  allocable to the number of months during which the license is
 273-17  valid.  On each subsequent renewal of the license, the total
 273-18  license renewal fee is payable.>
 273-19        Sec. 12.  Denial, Refusal, Suspension, or Revocation of
 273-20  Licenses.  The commissioner may discipline a <A> license holder or
 273-21  deny an application under Section 5, Article 21.01-2, Insurance
 273-22  Code, if it <may be denied, suspended for a period of time, revoked
 273-23  or the renewal thereof refused by the commissioner if, after notice
 273-24  and hearing as hereinafter provided, he> finds that the applicant
 273-25  for, or holder of such license:
 273-26              (a)  has wilfully violated or participated in the
 273-27  violation of any provisions of this Act or any of the insurance
  274-1  laws of this state; <or>
  274-2              (b)  has intentionally made a material misstatement in
  274-3  the application for such license; <or>
  274-4              (c)  has obtained, or attempted to obtain such license
  274-5  by fraud or misrepresentation; <or>
  274-6              (d)  has misappropriated or converted to his own use or
  274-7  has illegally withheld moneys required to be held in a fiduciary
  274-8  capacity; <or>
  274-9              (e)  has with intent to deceive materially
 274-10  misrepresented the terms or effect of any contract of insurance, or
 274-11  has engaged in any fraudulent transaction; or
 274-12              (f)  has been convicted of a felony, or of any
 274-13  misdemeanor of which criminal fraud is an essential element<; or>
 274-14              <(g)  has shown himself to be, and is so deemed by the
 274-15  commissioner, incompetent, or untrustworthy, or not of good
 274-16  character and reputation>.
 274-17        Sec. 14.  JUDICIAL REVIEW OF ACTS OF COMMISSIONER <AND THE
 274-18  BOARD>.  If the commissioner shall refuse an application for
 274-19  license as provided in this Act, or shall suspend, revoke or refuse
 274-20  to renew any license at a hearing as provided by this Act, <and
 274-21  such action is upheld upon review to the board as in this Code
 274-22  provided,> and if the applicant or accused thereafter is
 274-23  dissatisfied with the action of the commissioner <and the board>,
 274-24  the applicant or accused may appeal from that action in accordance
 274-25  with <Section (f),> Article 1.04, Insurance Code.
 274-26        SECTION 12.34.  Sections 10 and 18, Chapter 407, Acts of the
 274-27  63rd Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's
  275-1  Texas Insurance Code), are amended to read as follows:
  275-2        Sec. 10.  Examination for License.  <(a)>  Each applicant for
  275-3  a license as an adjuster shall, prior to the issuance of such
  275-4  license, personally take and pass, to the satisfaction of the
  275-5  commissioner, an examination as a test of his qualifications and
  275-6  competency; but the requirement of an examination shall not apply
  275-7  to any of the following:
  275-8              (1)  an applicant who for the 90-day period next
  275-9  preceding the effective date of this Act has been principally
 275-10  engaged in the investigation, adjustment, or supervision of losses
 275-11  and who is so engaged on the effective date of this Act;
 275-12              (2)  an applicant for the renewal of a license issued
 275-13  hereunder; <or>
 275-14              (3)  an applicant who is licensed as an insurance
 275-15  adjuster, as defined by this statute, in another state with which
 275-16  state a reciprocal agreement has been entered into by the
 275-17  commissioner; or
 275-18              (4)  any person who has completed a course or training
 275-19  program in adjusting of losses as prescribed and approved by the
 275-20  commissioner and is certified to the commissioner upon completion
 275-21  of the course that such person has completed said course or
 275-22  training program, and has passed an examination testing his
 275-23  knowledge and qualification, as prescribed by the commissioner.
 275-24        <(b)  Unless the State Board of Insurance accepts a
 275-25  qualifying examination administered by a testing service, as
 275-26  provided under Article 21.01-1, Insurance Code, as amended, not
 275-27  later than the 30th day after the day on which a licensing
  276-1  examination is administered under this section, the commissioner
  276-2  shall send notice to each examinee of the results of the
  276-3  examination.  If an examination is graded or reviewed by a testing
  276-4  service, the commissioner shall send, or require the testing
  276-5  service to send, notice to the examinees of the results of the
  276-6  examination within two weeks after the date on which the
  276-7  commissioner receives the results from the testing service.  If the
  276-8  notice of the examination results will be delayed for longer than
  276-9  90 days after the examination date, the commissioner shall send, or
 276-10  require the testing service to send, notice to the examinee of the
 276-11  reason for the delay before the 90th day.>
 276-12        <(c)  If requested in writing by a person who fails the
 276-13  licensing examination administered under this section, the
 276-14  commissioner shall send, or require the testing service to send, to
 276-15  the person an analysis of the person's performance on the
 276-16  examination.>
 276-17        Sec. 18.  Automatic <Procedure for Refusal, Suspension, or>
 276-18  Revocation.  <(a)>  The commissioner may revoke or refuse to renew
 276-19  any license of an adjuster immediately and without hearing, upon
 276-20  the licensee's conviction of a felony, by final judgment, in any
 276-21  court of competent jurisdiction.
 276-22        <(b)  The commissioner may deny, suspend, revoke, or refuse
 276-23  to renew a license:>
 276-24              <(1)  by order or notice given to the licensee not less
 276-25  than 15 days in advance of the effective date of the order or
 276-26  notice, subject to the right of the licensee to demand in writing,
 276-27  a hearing, before the board after receipt of notice and before the
  277-1  effective date of the revocation.  Pending such hearing, the
  277-2  license may be suspended.>
  277-3              <(2)  by an order after a hearing which is effective 10
  277-4  days after the order is issued subject to appeal to a district
  277-5  court in Travis County.>
  277-6        SECTION 12.35.  Section 16(a), Chapter 407, Acts of the 63rd
  277-7  Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
  277-8  Insurance Code), is amended to read as follows:
  277-9        (a)  Except as may be provided by a staggered renewal system
 277-10  adopted under Article 21.01-2, Insurance Code <Subsection (e) of
 277-11  this section>, an adjuster's license expires two years after the
 277-12  date of issuance.
 277-13        SECTION 12.36.  Section 17(a), Chapter 407, Acts of the 63rd
 277-14  Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
 277-15  Insurance Code), is amended to read as follows:
 277-16        (a)  The department <commissioner> may discipline an adjuster
 277-17  or deny an application under Section 5, Article 21.01-2, Insurance
 277-18  Code, <deny, suspend, revoke, or refuse to renew any adjuster's
 277-19  license> for any of the following causes:
 277-20              (1)  for any cause for which issuance of the license
 277-21  could have been refused had it been existent and been known to the
 277-22  board;
 277-23              (2)  if the applicant or licensee willfully violates or
 277-24  knowingly participates in the violation of any provision of this
 277-25  Act;
 277-26              (3)  if the applicant or licensee has obtained or
 277-27  attempted to obtain any such license through willful
  278-1  misrepresentation or fraud, or has failed to pass any examination
  278-2  required under this Act;
  278-3              (4)  if the applicant or licensee has misappropriated,
  278-4  or converted to the applicant's or licensee's own use, or has
  278-5  illegally withheld moneys required to be held in a fiduciary
  278-6  capacity;
  278-7              (5)  if the applicant or licensee has, with intent to
  278-8  deceive, materially misrepresented the terms or effect of an
  278-9  insurance contract, or has engaged in any fraudulent transactions;
 278-10  or
 278-11              (6)  if the applicant or licensee is convicted, by
 278-12  final judgment, of a felony<; or>
 278-13              <(7)  if in the conduct of the licensee's affairs under
 278-14  the license, the licensee has proven to be, and is so deemed by the
 278-15  commissioner, incompetent, untrustworthy, or a source of injury to
 278-16  the public>.
 278-17        SECTION 12.37.  Section 5(a), Article 21.07-6, Insurance
 278-18  Code, is amended to read as follows:
 278-19        (a)  The commissioner shall approve an application for a
 278-20  certificate of authority to conduct a business in this state as an
 278-21  administrator if the commissioner is satisfied that the application
 278-22  meets the following criteria:
 278-23              (1)  the granting of the application would not violate
 278-24  a federal or state law;
 278-25              (2)  the <competence, trustworthiness, experience,>
 278-26  financial condition<, or integrity> of an administrator applicant
 278-27  or those persons who would operate or control an administrator
  279-1  applicant are such that the granting of a certificate of authority
  279-2  would not be adverse to the public interest;
  279-3              (3)  the applicant has not attempted through fraud or
  279-4  bad faith to obtain the certificate of authority;
  279-5              (4)  the applicant has complied with this article and
  279-6  rules adopted by the board under this article; and
  279-7              (5)  the name under which the applicant will conduct
  279-8  business in this state is not so similar to that of another
  279-9  administrator or insurer that it is likely to mislead the public.
 279-10        SECTION 12.38.  Section 3(e), Article 21.07-7, Insurance
 279-11  Code, is amended to read as follows:
 279-12        (e)  The department <commissioner> may discipline a license
 279-13  holder or deny an application under Section 5, Article 21.01-2, of
 279-14  this code if it <deny a license application or suspend, revoke, or
 279-15  refuse to renew a license if, after notice and hearing as provided
 279-16  by this code, the commissioner> determines that the applicant for
 279-17  or holder of a license, or any person who would be authorized to
 279-18  act on behalf of the applicant or the license holder under
 279-19  Subsection (c) of this section has:
 279-20              (1)  wilfully violated or participated in the violation
 279-21  of this article or any of the insurance laws of this state;
 279-22              (2)  intentionally made a material misstatement in the
 279-23  license application;
 279-24              (3)  obtained or attempted to obtain the license by
 279-25  fraud or misrepresentation;
 279-26              (4)  misappropriated, converted to his own use, or
 279-27  illegally withheld money required to be held in a fiduciary
  280-1  capacity;
  280-2              (5)  materially misrepresented the terms or effect of
  280-3  any contract of insurance or reinsurance, or engaged in any
  280-4  fraudulent transaction; or
  280-5              (6)  been convicted of a felony or of any misdemeanor
  280-6  of which criminal fraud is an essential element<; or>
  280-7              <(7)  shown himself to be, and is so determined to be
  280-8  by the commissioner, incompetent, untrustworthy, or not of good
  280-9  character and reputation>.
 280-10        SECTION 12.39.  Section 2(b), Article 21.14, Insurance Code,
 280-11  is amended to read as follows:
 280-12        (b)  Nothing contained in this article shall be so construed
 280-13  as to affect or apply to orders, societies, or associations which
 280-14  admit to membership only persons engaged in one or more crafts or
 280-15  hazardous occupations in the same or similar lines of business, and
 280-16  the ladies' societies, or ladies' auxiliary to such orders,
 280-17  societies or associations, or any secretary of a Labor Union or
 280-18  organization, or any secretary or agent of any fraternal benefit
 280-19  society, which does not operate at a profit, except that a person
 280-20  who has had a license revoked under Section 16 of this article may
 280-21  not solicit or otherwise transact business under Chapter 10 of this
 280-22  code.
 280-23        SECTION 12.40.  Sections 3(a) and (c), Article 21.14,
 280-24  Insurance Code, are amended to read as follows:
 280-25        (a)  When any person, partnership or corporation shall desire
 280-26  to engage in business as a local recording agent for an insurance
 280-27  company, or insurance carrier, he or it shall make application for
  281-1  a license to the State Board of Insurance, in such form as the
  281-2  Board may require.  Such application shall bear a signed
  281-3  endorsement by a general, state or special agent of a qualified
  281-4  insurance company, or insurance carrier that applicant or each
  281-5  member of the partnership or each stockholder of the corporation is
  281-6  a resident of this state <Texas, trustworthy, of good character and
  281-7  good reputation, and is worthy of a license>.
  281-8        (c)  The Board shall issue a license to a corporation if the
  281-9  Board finds:
 281-10              (1)  That the corporation is a Texas corporation
 281-11  organized or existing under the Texas Business Corporation Act or
 281-12  the Texas Professional Corporation Act having its principal place
 281-13  of business in the State of Texas and having as one of its purposes
 281-14  the authority to act as a local recording agent; and
 281-15              (2)  That every officer, director and shareholder of
 281-16  the corporation is individually licensed as a local recording agent
 281-17  under the provisions of this Insurance Code, except as may be
 281-18  otherwise permitted by this Section or Section 3a of this article,
 281-19  or that every officer and director of the corporation is
 281-20  individually licensed as a local recording agent under this
 281-21  Insurance Code, that the corporation is a wholly owned subsidiary
 281-22  of a parent corporation that is licensed as a local recording agent
 281-23  under this Insurance Code, and that every shareholder of the parent
 281-24  corporation is individually licensed as a local recording agent
 281-25  under this Insurance Code, and except as specifically provided by
 281-26  this article, that no shareholder of the corporation is a corporate
 281-27  entity; and
  282-1              (3)  That such corporation will have the ability to pay
  282-2  any sums up to $25,000 which it might become legally obligated to
  282-3  pay on account of any claim made against it by any customer and
  282-4  caused by any negligent act, error or omission of the corporation
  282-5  or any person for whose acts the corporation is legally liable in
  282-6  the conduct of its business as a local recording agent.  The term
  282-7  "customer" as used herein shall mean any person, firm or
  282-8  corporation to whom such corporation sells or attempts to sell a
  282-9  policy of insurance, or from whom such corporation accepts an
 282-10  application for insurance.  Such ability shall be proven in one of
 282-11  the following ways:
 282-12                    (A) <(a)>  An errors and omissions policy
 282-13  insuring such corporation against errors and omissions, in at least
 282-14  the sum of $100,000<,> with no more than a $10,000 deductible
 282-15  feature or the sum of at least $300,000 with no more than a $25,000
 282-16  deductible feature, issued by an insurance company licensed to do
 282-17  business in the State of Texas or, if a policy cannot be obtained
 282-18  from a company licensed to do business in Texas, a policy issued by
 282-19  a company not licensed to do business in Texas, on filing an
 282-20  affidavit with the State Board of Insurance stating the inability
 282-21  to obtain coverage and receiving the Board's approval; or
 282-22                    (B) <(b)>  A bond executed by such corporation as
 282-23  principal and a surety company authorized to do business in this
 282-24  state, as surety, in the principal sum of $25,000, payable to the
 282-25  State Board of Insurance for the use and benefit of customers of
 282-26  such corporation, conditioned that such corporation shall pay any
 282-27  final judgment recovered against it by any customer; or
  283-1                    (C) <(c)>  A deposit of cash or securities of the
  283-2  class authorized by Articles 2.08 and 2.10 of this Code, having a
  283-3  fair market value of $25,000 with the State Treasurer.  The State
  283-4  Treasurer is hereby authorized and directed to accept and receive
  283-5  such deposit and hold it exclusively for the protection of any
  283-6  customer of such corporation recovering a final judgment against
  283-7  such corporation.  Such deposit may be withdrawn only upon filing
  283-8  with the Board evidence satisfactory to it that the corporation has
  283-9  withdrawn from business, and has no unsecured liabilities
 283-10  outstanding, or that such corporation has provided for the
 283-11  protection of its customers by furnishing an errors and omissions
 283-12  policy or a bond as hereinbefore provided.  Securities so deposited
 283-13  may be exchanged from time to time for other qualified securities.
 283-14        A binding commitment to issue such a policy or bond, or the
 283-15  tender of such securities, shall be sufficient in connection with
 283-16  any application for license.
 283-17        Nothing contained herein shall be construed to permit any
 283-18  unlicensed employee or agent of any corporation to perform any act
 283-19  of a local recording agent without obtaining a local recording
 283-20  agent's license.  The Board shall not require a corporation to take
 283-21  the examination provided in Section 6 of this Article 21.14.
 283-22        If at any time, any corporation holding a local recording
 283-23  agent's license does not maintain the qualifications necessary to
 283-24  obtain a license, the license of such corporation to act as a local
 283-25  recording agent shall be cancelled or denied in accordance with the
 283-26  provisions of Sections 16, 17 and 18 of this Article 21.14;
 283-27  provided, however, that should any person who is not a licensed
  284-1  local recording agent acquire shares in such a corporation by
  284-2  devise or descent, they shall have a period of 90 days from date of
  284-3  acquisition within which to obtain a license as a local recording
  284-4  agent or to dispose of the shares to a licensed local recording
  284-5  agent except as may be permitted by Section 3a of this article.
  284-6        Should such an unlicensed person, except as may be permitted
  284-7  by Section 3a of this article, acquire shares in such a corporation
  284-8  and not dispose of them within said period of 90 days to a licensed
  284-9  local recording agent, then they must be purchased by the
 284-10  corporation for their book value, that is, the value of said shares
 284-11  of stock as reflected by the regular books and records of said
 284-12  corporation, as of the date of the acquisition of said shares by
 284-13  said unlicensed person.  Should the corporation fail or refuse to
 284-14  so purchase such shares, its license shall be cancelled.
 284-15        Any such corporation shall have the power to redeem the
 284-16  shares of any shareholder, or the shares of a deceased shareholder,
 284-17  upon such terms as may be agreed upon by the Board of Directors and
 284-18  such shareholder or his personal representative, or at such price
 284-19  and upon such terms as may be provided in the Articles of
 284-20  Incorporation, the Bylaws, or an existing contract entered into
 284-21  between the shareholders of the corporation.
 284-22        Each corporation licensed as a local recording agent shall
 284-23  file, under oath, a list of the names and addresses of all of its
 284-24  officers, directors and shareholders with its application for
 284-25  renewal license.
 284-26        Each corporation licensed as a local recording agent shall
 284-27  notify the State Board of Insurance upon any change in its
  285-1  officers, directors or shareholders not later than the 30th day
  285-2  after the date on which the change became effective.
  285-3        The term "firm" as it applies to local recording agents in
  285-4  Sections 2, 12 and 16 of this Article 21.14 shall be construed to
  285-5  include corporations.
  285-6        SECTION 12.41.  Sections 5, 8, and 18, Article 21.14,
  285-7  Insurance Code, are amended to read as follows:
  285-8        Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.  No
  285-9  license shall be granted to any person, firm, partnership or
 285-10  corporation as a local recording agent or to a person as a
 285-11  solicitor, for the purpose of writing any form of insurance, unless
 285-12  it is found by the State Board of Insurance that such person, firm,
 285-13  partnership or corporation, is or intends to be, actively engaged
 285-14  in the soliciting or writing of insurance for the public generally;
 285-15  that each person or individual of a firm is a resident of Texas<,
 285-16  of good character and good reputation, worthy of a license,> and is
 285-17  to be actively engaged in good faith in the business of insurance,
 285-18  and that the application is not being made in order to evade the
 285-19  laws against rebating and discrimination either for the applicant
 285-20  or for some other person, firm, partnership or corporation.
 285-21  Nothing herein contained shall prohibit an applicant insuring
 285-22  property which the applicant owns or in which the applicant has an
 285-23  interest; but it is the intent of this Section to prohibit coercion
 285-24  of insurance and to preserve to each citizen the right to choose
 285-25  his own agent or insurance carrier, and to prohibit the licensing
 285-26  of an individual, firm, partnership or corporation to engage in the
 285-27  insurance business principally to handle business which the
  286-1  applicant controls only through ownership, mortgage or sale, family
  286-2  relationship or employment, which shall be taken to mean that an
  286-3  applicant who is making an original application for license shall
  286-4  show the State Board of Insurance that the applicant has a bona
  286-5  fide intention to engage in business in which, in any calendar
  286-6  year, at least twenty-five per cent (25%) of the total volume of
  286-7  premiums shall be derived from persons or organizations other than
  286-8  applicant and from property other than that on which the applicant
  286-9  shall control the placing of insurance through ownership, mortgage,
 286-10  sale, family relationship or employment.  Nothing herein contained
 286-11  shall be construed to authorize a partnership or corporation to
 286-12  receive a license as a solicitor.
 286-13        Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  <(a)>  Except as
 286-14  may be provided by a staggered renewal system adopted under Article
 286-15  21.01-2 of this code <Subsection (c) of this section>, every
 286-16  license issued to a local recording agent or a solicitor shall
 286-17  expire two years from the date of its issue, unless a completed
 286-18  application to qualify for the renewal of any such license shall be
 286-19  filed with the State Board of Insurance and a nonrefundable fee
 286-20  paid on or before such date, in which event the license sought to
 286-21  be renewed shall continue in full force and effect until renewed or
 286-22  renewal is denied.
 286-23        <(b)  An unexpired license may be renewed by filing a
 286-24  completed application and paying the required nonrefundable renewal
 286-25  fee to the State Board of Insurance not later than the expiration
 286-26  date of the license.  If a license has been expired for not longer
 286-27  than 90 days, the licensee may renew the license by paying to the
  287-1  State Board of Insurance the required nonrefundable renewal fee and
  287-2  a nonrefundable fee that is one-half of the original license fee.
  287-3  If a license has been expired for more than 90 days, the license
  287-4  may not be renewed.   A new license may be obtained by complying
  287-5  with the requirements and procedures for obtaining an original
  287-6  license.  At least 30 days before the expiration of a license, the
  287-7  commissioner shall send written notice of the impending license
  287-8  expiration to the licensee at the licensee's last known address.
  287-9  This subsection may not be construed to prevent the board from
 287-10  denying or refusing to renew a license under applicable law or
 287-11  rules of the State Board of Insurance.>
 287-12        <(c)  The State Board of Insurance by rule may adopt a system
 287-13  under which licenses expire on various dates during the year.  For
 287-14  the period in which the license is valid for less than two years,
 287-15  the license fee shall be prorated on a monthly basis so that each
 287-16  licensee shall pay only that portion of the license fee that is
 287-17  allocable to the number of months during which the license is
 287-18  valid.  On each subsequent renewal of the license, the total
 287-19  license renewal fee is payable.>
 287-20        Sec. 18.  APPEAL.  If the Commissioner refuses an application
 287-21  for license as provided by this article, or suspends, revokes, or
 287-22  refuses to renew any license at a hearing as provided by this
 287-23  article, <and the action is upheld on review to the Board as
 287-24  provided by this Code,> and if the applicant or accused is
 287-25  dissatisfied with the action of the Commissioner <and the Board>,
 287-26  the applicant or accused may appeal from the action in accordance
 287-27  with <Section (f),> Article 1.04<,> of this Code.
  288-1        SECTION 12.42.  Section 16, Article 21.14, Insurance Code, as
  288-2  amended by Chapters 242 and 790, Acts of the 72nd Legislature,
  288-3  Regular Session, 1991, is reenacted and amended to read as follows:
  288-4        Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
  288-5  license of any local recording agent shall be suspended during a
  288-6  period in which the agent does not have outstanding a valid
  288-7  appointment to act as an agent for an insurance company.  The Board
  288-8  shall end the suspension on receipt of evidence satisfactory to the
  288-9  board that the agent has a valid appointment.  The Board shall
 288-10  cancel the license of a solicitor if the solicitor does not have
 288-11  outstanding a valid appointment to act as a solicitor for a local
 288-12  recording agent, and shall suspend the license during a period that
 288-13  the solicitor's local recording agent does not have outstanding a
 288-14  valid appointment to act as an agent under this Article.
 288-15        (b)  The department may discipline <license of> any local
 288-16  recording agent or solicitor or deny an application under Section
 288-17  5, Article 21.01-2, of this code <may be denied or a license duly
 288-18  issued may be suspended or revoked or the renewal thereof refused
 288-19  by the State Board of Insurance> if<, after notice and hearing as
 288-20  hereafter provided,> it finds that the applicant, individually or
 288-21  through any officer, director, or shareholder, for or holder of
 288-22  such license:
 288-23              (1)  Has wilfully violated any provision of the
 288-24  insurance laws of this state;
 288-25              (2)  Has intentionally made a material misstatement in
 288-26  the application for such license;
 288-27              (3)  Has obtained, or attempted to obtain, such license
  289-1  by fraud or misrepresentation;
  289-2              (4)  Has misappropriated or converted to the
  289-3  applicant's or licensee's own use or illegally withheld money
  289-4  belonging to an insurer or an insured or beneficiary;
  289-5              (5)  <Has otherwise demonstrated lack of
  289-6  trustworthiness or competence to act as an insurance agent;>
  289-7              <(6)>  Has been guilty of fraudulent or dishonest acts;
  289-8              (6) <(7)>  Has materially misrepresented the terms and
  289-9  conditions of any insurance policies or contracts;
 289-10              (7) <(8)>  Has made or issued, or caused to be made or
 289-11  issued, any statement misrepresenting or making incomplete
 289-12  comparisons regarding the terms or conditions of any insurance
 289-13  contract legally issued by an insurance carrier for the purpose of
 289-14  inducing or attempting to induce the owner of such contract to
 289-15  forfeit or surrender such contract or allow it to expire for the
 289-16  purpose of replacing such contract with another;
 289-17              (8) <(9)  Is not of good character or reputation;>
 289-18              <(10)>  Is convicted of a felony;
 289-19              (9) <(11)>  Is guilty of rebating any insurance premium
 289-20  or discriminating as between insureds; <or>
 289-21              (10) <(12)>  Is not engaged in the soliciting or
 289-22  writing of insurance for the public generally as required by
 289-23  Section 5 of this Article; or
 289-24              (11) <(12)>  Is afflicted with a disability as that
 289-25  term is defined by Subsection (a) of Article 21.15-6 of this code.
 289-26        (c) <(b)>  The State Board of Insurance may order that a
 289-27  local recording agent or solicitor who is afflicted with a
  290-1  disability be placed on disability probation under the terms and
  290-2  conditions specified under Article 21.15-6 of this code instead of
  290-3  taking disciplinary action under Subsection (b) <(a)> of this
  290-4  section.
  290-5        (d) <(c)>  A license applicant or licensee whose license
  290-6  application or license has been denied, refused, or revoked under
  290-7  this section may not apply for any license as an insurance agent
  290-8  before the first anniversary of the effective date of the denial,
  290-9  refusal, or revocation, or, if the applicant or licensee seeks
 290-10  judicial review of the denial, refusal, or revocation before the
 290-11  first anniversary of the date of the final court order or decree
 290-12  affirming that action.  The Commissioner may deny an application
 290-13  timely filed if the applicant does not show good cause why the
 290-14  denial, refusal, or revocation of the previous license application
 290-15  or license should not be considered a bar to the issuance of a new
 290-16  license.  This subsection does not apply to an applicant whose
 290-17  license application was denied for failure to pass a required
 290-18  written examination.
 290-19        SECTION 12.43.  Section 18, Article 21.14, Insurance Code, is
 290-20  amended to read as follows:
 290-21        Sec. 18.  APPEAL.  If the Commissioner refuses an application
 290-22  for license as provided by this article, or suspends, revokes, or
 290-23  refuses to renew any license at a hearing as provided by this
 290-24  article, <and the action is upheld on review to the Board as
 290-25  provided by this Code,> and if the applicant or accused is
 290-26  dissatisfied with the action of the Commissioner and the Board, the
 290-27  applicant or accused may appeal from the action in accordance with
  291-1  <Section (f),> Article 1.04<,> of this Code.
  291-2        SECTION 12.44.  Sections 5, 8, and 10, Article 21.14-1,
  291-3  Insurance Code, are amended to read as follows:
  291-4        Sec. 5.  Qualifications for risk manager's license.  To
  291-5  qualify for a license under this article, a person must:
  291-6              (1)  be at least 18 years of age;
  291-7              (2)  maintain a place of business in this state;
  291-8              (3)  <be a trustworthy and competent person;>
  291-9              <(4)>  meet the application requirements required by
 291-10  this article and rules of the board;
 291-11              (4) <(5)>  take and pass the licensing examination; and
 291-12              (5) <(6)>  pay the examination and licensing fees.
 291-13        Sec. 8.  License renewal; renewal fee.  Except as provided by
 291-14  a staggered renewal system adopted under Article 21.01-2 of this
 291-15  code, a <(a)  A> license issued under this article expires two
 291-16  years after the date of issuance.  A licensee may renew an
 291-17  unexpired license by filing a completed application for renewal
 291-18  with the board and paying the nonrefundable renewal fee, in an
 291-19  amount not to exceed $50 as determined by the board, on or before
 291-20  the expiration date of the license.  The commissioner shall issue a
 291-21  renewal certificate to the licensee at the time of the renewal if
 291-22  the commissioner determines the licensee continues to be eligible
 291-23  for the license.
 291-24        <(b)  If a person's license has been expired for not longer
 291-25  than 90 days, the licensee may renew the license by paying the
 291-26  nonrefundable renewal fee plus a nonrefundable late fee in an
 291-27  amount not to exceed one-half of the original license fee as
  292-1  determined by the board.>
  292-2        <(c)  If the license has been expired for more than 90 days,
  292-3  the person may not renew the license.  The person may obtain a new
  292-4  license by submitting to reexamination, if the person was
  292-5  originally required to take the examination, and complying with the
  292-6  requirements and procedures for obtaining an original license.>
  292-7        <(d)  The commissioner shall notify each licensee in writing
  292-8  at the licensee's last known address of the pending license
  292-9  expiration not later than the 30th day before the date on which the
 292-10  license expires.>
 292-11        Sec. 10.  Denial, suspension, or revocation of a license.
 292-12  <(a)>  The department may discipline a risk manager or deny an
 292-13  application under Section 5, Article 21.01-2, of this code <State
 292-14  Board of Insurance may deny an application or suspend, revoke, or
 292-15  refuse to renew a risk manager's license for any of the following
 292-16  reasons>:
 292-17              (1)  for any cause for which issuance of the license
 292-18  could have been refused had it been known to the board;
 292-19              (2)  if the licensee wilfully violates or knowingly
 292-20  participates in the violation of this article, any insurance law of
 292-21  this state, or rules of the board;
 292-22              (3)  if the licensee has obtained or attempted to
 292-23  obtain a license through wilful misrepresentation or fraud, or has
 292-24  failed to pass the examination required under this article; or
 292-25              (4)  if a licensee is convicted, by final judgment, of
 292-26  a felony<; or>
 292-27              <(5)  if in the conduct of his affairs under the
  293-1  license, the licensee has shown himself to be, and is so deemed by
  293-2  the commissioner, incompetent, untrustworthy, or a source of injury
  293-3  to the public.>
  293-4        <(b)  A risk manager's license may not be suspended or
  293-5  revoked without notice and hearing by the board>.
  293-6        SECTION 12.45.  Sections 2(a) and (c), Article 21.14-2,
  293-7  Insurance Code, are amended to read as follows:
  293-8        (a)  To obtain a license to act as an agent under this
  293-9  article, an applicant must submit a completed written application
 293-10  to the commissioner of insurance on a form prescribed by the State
 293-11  Board of Insurance and pay a $50 nonrefundable fee.  The
 293-12  application must bear an endorsement signed by an agent of an
 293-13  insurance company that meets the requirements of Section 1 of this
 293-14  article and must state that the applicant is a resident of this
 293-15  state<, is of good character and good reputation, and is worthy of
 293-16  a license>.
 293-17        (c)  Except as provided by a staggered renewal system adopted
 293-18  under Article 21.01-2 of this code, a <A> license issued under this
 293-19  article expires two years after the date of its issuance unless a
 293-20  completed application to renew the license is filed with the
 293-21  commissioner and the $50 nonrefundable renewal fee is paid on or
 293-22  before that date, in which case the license continues in full force
 293-23  and effect until renewed or the renewal is denied.  <If a license
 293-24  has been expired for not longer than 90 days, the licensee may
 293-25  renew the license by filing with the State Board of Insurance the
 293-26  required nonrefundable renewal fee and a nonrefundable fee that is
 293-27  one-half of the original license fee.  If a license has been
  294-1  expired for more than 90 days, the license may not be renewed.  A
  294-2  new license may be obtained by complying with the procedures for
  294-3  obtaining an original license.  At least 30 days before the
  294-4  expiration of a license the commissioner of insurance shall send
  294-5  written notice of the impending license expiration to the licensee
  294-6  at the licensee's last known address.  This section may not be
  294-7  construed to prevent the board from denying or refusing to renew a
  294-8  license under applicable law or the rules of the State Board of
  294-9  Insurance.>
 294-10        SECTION 12.46.  Section 3, Article 21.14-2, Insurance Code,
 294-11  is amended to read as follows:
 294-12        Sec. 3.  The license of an agent is automatically suspended
 294-13  or canceled if the agent does not have outstanding a valid
 294-14  appointment to act as an agent for an insurance company described
 294-15  in Section 1 of this article.  The department may discipline a
 294-16  licensee or deny an application under Section 5, Article 21.01-2,
 294-17  of this code if it <commissioner of insurance may deny a license
 294-18  application and may suspend or revoke a license or deny the renewal
 294-19  of a license if, after notice and hearing, the commissioner>
 294-20  determines that the license applicant or licensee:
 294-21              (1)  has intentionally or knowingly violated the
 294-22  insurance laws of this state;
 294-23              (2)  has obtained or attempted to obtain a license by
 294-24  fraud or misrepresentation;
 294-25              (3)  has misappropriated, converted, or illegally
 294-26  withheld money belonging to an insurer or an insured or
 294-27  beneficiary;
  295-1              (4)  <has otherwise demonstrated lack of
  295-2  trustworthiness or competence to act as an insurance agent;>
  295-3              <(5)>  has been guilty of fraudulent or dishonest acts;
  295-4              (5) <(6)>  has materially misrepresented the terms and
  295-5  conditions of an insurance policy or contract;
  295-6              (6) <(7)>  has made or issued or caused to be made or
  295-7  issued any statement misrepresenting or making incomplete
  295-8  comparisons regarding the terms or conditions of an insurance
  295-9  contract legally issued by an insurance carrier for the purpose of
 295-10  inducing or attempting to induce the owner of the contract to
 295-11  forfeit or surrender the contract or allow the contract to expire
 295-12  or for the purpose of replacing the contract with another contract;
 295-13              (7) <(8)>  has been convicted of a felony; or
 295-14              (8) <(9)>  is guilty of rebating an insurance premium
 295-15  or discriminating between insureds.
 295-16        SECTION 12.47.  Article 21.15, Insurance Code, is amended to
 295-17  read as follows:
 295-18        Art. 21.15.  Revocation of Agent's Certificate.  Cause for
 295-19  the discipline under Section 5, Article 21.01-2, of this code
 295-20  <revocation of the certificate of authority> of an agent or
 295-21  solicitor for an insurance company may exist <for violation of any
 295-22  of the insurance laws, or> if <it shall appear to the Board upon
 295-23  due proof, after notice that> such agent or solicitor has knowingly
 295-24  deceived or defrauded a policyholder or a person having been
 295-25  solicited for insurance<,> or <that such agent or solicitor> has
 295-26  unreasonably failed and neglected to pay over to the company, or
 295-27  its agent entitled thereto, any premium or part thereof collected
  296-1  by him on any policy of insurance or application therefor.  The
  296-2  Board shall publish such revocation in such manner as it deems
  296-3  proper for the protection of the public; and no person whose
  296-4  certificate of authority as agent or solicitor has been revoked
  296-5  shall be entitled to again receive a certificate of authority as
  296-6  such agent or solicitor for any insurance company in this State for
  296-7  a period of one year.
  296-8        SECTION 12.48.  Amend Subchapter E, Chapter 21, Insurance
  296-9  Code, by adding Article 21.35A to read as follows:
 296-10        Art. 21.35A.  PERMISSIBLE REIMBURSEMENT.  (a)  In this
 296-11  article, "client" means an applicant for insurance coverage or an
 296-12  insured.
 296-13        (b)  A local recording agent may charge a client a fee to
 296-14  reimburse the agent for costs incurred by the agent in obtaining a
 296-15  motor vehicle record of a person, or a photograph of property,
 296-16  insured under, or to be insured under, an insurance policy.  The
 296-17  fee may not exceed the actual costs incurred by the agent.  The
 296-18  agent may obtain the record or photograph in connection with an
 296-19  application for insurance coverage by the client or the issuance of
 296-20  an insurance policy to the client or on the client's request.  The
 296-21  agent must provide a copy of the motor vehicle record to the
 296-22  client.
 296-23        (c)  An agent may not charge a client a fee under this
 296-24  article unless the agent notifies the client of the agent's
 296-25  reimbursement requirement and obtains the client's written consent
 296-26  for each fee charged before the agent incurs the expense for the
 296-27  client.
  297-1        SECTION 12.49.  Section (a), Article 21.35B, Insurance Code,
  297-2  is amended to read as follows:
  297-3        (a)  No payment may be solicited or collected by an insurer,
  297-4  its agent, or sponsoring organization in connection with an
  297-5  application for insurance or the issuance of a policy other than
  297-6  premiums, taxes, finance charges, policy fees, agent fees, service
  297-7  fees, inspection fees, or membership dues in a sponsoring
  297-8  organization.  The commissioner by rule shall permit sponsoring
  297-9  organizations to solicit voluntary contributions with a membership
 297-10  renewal solicitation when the membership renewal solicitation is
 297-11  separate from an insurance billing.
 297-12        SECTION 12.50.  Section (c), Article 23.23, Insurance Code,
 297-13  is amended to read as follows:
 297-14        (c)  Except as may be provided by a staggered renewal system
 297-15  adopted under Section 2(f), Article 21.01-2 <section (h)> of this
 297-16  code <article>, each license issued to agents of corporations
 297-17  complying with this chapter shall expire two years following the
 297-18  date of issue, unless prior thereto it is suspended or revoked by
 297-19  the Commissioner of Insurance or the authority of the agent to act
 297-20  for the corporation complying with this chapter is terminated.
 297-21        SECTION 12.51.  The following laws are repealed:
 297-22              (1)  Section 4(e), Article 1.14-2, Insurance Code;
 297-23              (2)  Sections 5, 6, and 7, Article 9.36, Insurance
 297-24  Code;
 297-25              (3)  Section C, Article 9.37, Insurance Code;
 297-26              (4)  Sections 2, 3, and 4, Article 9.42, Insurance
 297-27  Code;
  298-1              (5)  Section 3, Article 9.44, Insurance Code;
  298-2              (6)  Sections 6(d), (e), (f), and (g) and Section 8(c),
  298-3  Article 9.56, Insurance Code;
  298-4              (7)  Sections 15(h), (i), (j), (k), and (l), Texas
  298-5  Health Maintenance Organization Act (Section 20A.15, Vernon's Texas
  298-6  Insurance Code);
  298-7              (8)  Section 15A(j), Texas Health Maintenance
  298-8  Organization Act (Section 20A.15A, Vernon's Texas Insurance Code);
  298-9              (9)  Sections 4(e) and (f), Article 21.07, Insurance
 298-10  Code;
 298-11              (10)  Section 10(b), Article 21.07, Insurance Code;
 298-12              (11)  Sections 3A and 15A, Article 21.07, Insurance
 298-13  Code;
 298-14              (12)  Sections 5(e), 9(d) and (e), and 12(b), Chapter
 298-15  213, Acts of the 54th Legislature, Regular Session, 1955 (Article
 298-16  21.07-1, Vernon's Texas Insurance Code);
 298-17              (13)  Section 5A, Managing General Agents' Licensing
 298-18  Act (Article 21.07-3, Vernon's Texas Insurance Code);
 298-19              (14)  Sections 16(c), (d), and (e), Chapter 407, Acts
 298-20  of the 63rd Legislature, Regular Session, 1973 (Article 21.07-4,
 298-21  Vernon's Texas Insurance Code);
 298-22              (15)  Sections 3(j) and (k), Article 21.07-7, Insurance
 298-23  Code;
 298-24              (16)  Article 21.13, Insurance Code;
 298-25              (17)  Sections 4(e), 7a, and 17, Article 21.14,
 298-26  Insurance Code;
 298-27              (18)  Sections 6(f) and (h), Article 21.14-1, Insurance
  299-1  Code; and
  299-2              (19)  Sections (g), (h), (i), (j), (k), and (l),
  299-3  Article 23.23, Insurance Code.
  299-4        SECTION 12.52.  (a)  The change in law made by this article
  299-5  to Section 4A, Article 21.07, Insurance Code, does not affect the
  299-6  validity of a license issued under that section on or before the
  299-7  effective date of this Act.
  299-8        (b)  A person who holds a license issued under Section 4A,
  299-9  Article 21.07, Insurance Code, on or before the effective date of
 299-10  this Act may renew that license in accordance with Article 21.07,
 299-11  Insurance Code, as amended by this Act.  On renewal, the license
 299-12  shall be conformed to Section 4A, Article 21.07, Insurance Code, as
 299-13  amended by this Act, and a new license shall be issued in
 299-14  conformity with Section 4A(e), Article 21.07, Insurance Code, as
 299-15  amended by this Act.
 299-16        SECTION 12.53.  This article applies only to issuance or
 299-17  renewal of a license or discipline of a license holder on or after
 299-18  September 1, 1993.  Issuance or renewal of a license or discipline
 299-19  of a license holder before September 1, 1993, is governed by the
 299-20  law in effect immediately before the effective date of this Act,
 299-21  and that law is continued in effect for this purpose.
 299-22                    ARTICLE 13.  REINSURANCE ISSUES
 299-23        SECTION 13.01.  Article 3.10(a), Insurance Code, is amended
 299-24  to read as follows:
 299-25        (a)  Any insurer authorized to do the business of insurance
 299-26  in this state may reinsure in any solvent assuming insurer, any
 299-27  risk or part of a risk which both are authorized to assume;
  300-1  provided, however, no credit for reinsurance, either as an asset or
  300-2  a deduction of liability, may be taken by the ceding insurer except
  300-3  as provided in this article, and, provided further, no insurer
  300-4  operating under Section 2(a) of Article 3.02 shall reinsure any
  300-5  risk or part of a risk with any insurer which is not licensed to
  300-6  engage in the business of insurance in this state.  This article
  300-7  applies to all insurers regulated by the State Board of Insurance,
  300-8  including any stock and mutual life, accident, and health insurers,
  300-9  fraternal benefit societies, health maintenance organizations
 300-10  operating under the Texas Health Maintenance Organization Act
 300-11  (Chapter 20A, Vernon's Texas Insurance Code), and nonprofit
 300-12  hospital, medical, or dental service corporations, including
 300-13  companies subject to Chapter 20 of this code.  No such insurer
 300-14  shall have the power to reinsure its entire outstanding business to
 300-15  an assuming insurer unless the assuming insurer is licensed in this
 300-16  state and until the contract therefor shall be submitted to the
 300-17  Commissioner and approved by him as protecting fully the interests
 300-18  of all policy holders. This article does not apply to ceding
 300-19  insurers domiciled in another state that regulates credit for
 300-20  reinsurance under statutes, rules, or regulations substantially
 300-21  similar in substance or effect to this article.  To qualify for
 300-22  this exception, the ceding insurer must provide the Commissioner on
 300-23  request with evidence of the similarity in the form of statutes,
 300-24  rules, or regulations, and an interpretation of the statutes,
 300-25  rules, or regulations and the standards used by the state of
 300-26  domicile.  This article is supplementary to and cumulative of other
 300-27  provisions of this code and other insurance laws of this state
  301-1  relating to reinsurance to the extent those provisions are not in
  301-2  conflict with this article.
  301-3        SECTION 13.02.  Section 2(c), Article 4.11, Insurance Code,
  301-4  is amended to read as follows:
  301-5        (c)  "Gross premiums" are the total gross amount of all
  301-6  premiums, membership fees, assessments, dues, and any other
  301-7  considerations for such insurance received during the taxable year
  301-8  on each and every kind of such insurance policy or contract
  301-9  covering persons located in the State of Texas and arising from the
 301-10  types of insurance specified in Section 1 of this article, but
 301-11  deducting returned premiums, any dividends applied to purchase
 301-12  paid-up additions to insurance or to shorten the endowment or
 301-13  premium payment period, and excluding those premiums received from
 301-14  insurance carriers for reinsurance and there shall be no deduction
 301-15  for premiums paid for reinsurance.  For purposes of this article, a
 301-16  stop-loss or excess loss insurance policy issued to a health
 301-17  maintenance organization, as defined under the Texas Health
 301-18  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
 301-19  Code), shall be considered reinsurance.  Such gross premiums shall
 301-20  not include premiums received from the Treasury of the State of
 301-21  Texas or from the Treasury of the United States for insurance
 301-22  contracted for by the state or federal government for the purpose
 301-23  of providing welfare benefits to designated welfare recipients or
 301-24  for insurance contracted for by the state or federal government in
 301-25  accordance with or in furtherance of the provisions of Title 2,
 301-26  Human Resources Code, or the Federal Social Security Act.  The
 301-27  gross premiums receipts so reported shall not include the amount of
  302-1  premiums paid on group health, accident, and life policies in which
  302-2  the group covered by the policy consists of a single nonprofit
  302-3  trust established to provide coverage primarily for municipal or
  302-4  county employees of this state.
  302-5        SECTION 13.03.  Article 5.75-1(n), Insurance Code, is amended
  302-6  to read as follows:
  302-7        (n)  An insurer shall account for reinsurance agreements and
  302-8  shall record those agreements in the insurer's financial statements
  302-9  in a manner that accurately reflects the effect of the reinsurance
 302-10  agreements on the financial condition of the insurer.  The State
 302-11  Board of Insurance may adopt reasonable rules relating to the
 302-12  accounting and financial statement requirements of this subsection
 302-13  and the treatment of reinsurance agreements between insurers,
 302-14  including asset debits or credits, reinsurance debits or credits,
 302-15  and reserve debits or credits relating to the transfer of risks or
 302-16  liabilities by reinsurance agreements and to any contingencies
 302-17  arising from reinsurance agreements.  Reinsurance agreements may
 302-18  contain a provision allowing the offset of mutual debts and credits
 302-19  between the ceding insurer and the assuming insurer whether arising
 302-20  out of one or more reinsurance agreements.
 302-21        SECTION 13.04.  Section 6(a), Texas Health Maintenance
 302-22  Organization Act (Article 20A.06, Vernon's Texas Insurance Code),
 302-23  is amended to read as follows:
 302-24        (a)  The powers of a health maintenance organization include,
 302-25  but are not limited to, the following:
 302-26              (1)  the purchase, lease, construction, renovation,
 302-27  operation, or maintenance of hospitals, medical facilities, or
  303-1  both, and ancillary equipment and such property as may reasonably
  303-2  be required for its principal office or for such other purposes as
  303-3  may be necessary in the transaction of the business of the health
  303-4  maintenance organization;
  303-5              (2)  the making of loans to a medical group, under an
  303-6  independent contract with it in furtherance of its program, or
  303-7  corporations under its control, for the purpose of acquiring or
  303-8  constructing medical facilities and hospitals, or in the
  303-9  furtherance of a program providing health care services to
 303-10  enrollees;
 303-11              (3)  the furnishing of or arranging for medical care
 303-12  services only through physicians or groups of physicians who have
 303-13  independent contracts with the health maintenance organizations;
 303-14  the furnishing of or arranging for the delivery of health care
 303-15  services only through providers or groups of providers who are
 303-16  under contract with or employed by the health maintenance
 303-17  organization or through physicians or providers who have contracted
 303-18  for health care services with those physicians or providers, except
 303-19  for the furnishing of or authorization for emergency services,
 303-20  services by referral, and services to be provided outside of the
 303-21  service area as approved by the commissioner; provided, however,
 303-22  that a health maintenance organization is not authorized to employ
 303-23  or contract with physicians or providers in any manner which is
 303-24  prohibited by any licensing law of this state under which such
 303-25  physicians or providers are licensed;
 303-26              (4)  the contracting with any person for the
 303-27  performance on its behalf of certain functions such as marketing,
  304-1  enrollment, and administration;
  304-2              (5)  the contracting with an insurance company licensed
  304-3  in this state, or with a group hospital service corporation
  304-4  authorized to do business in the state, for the provision of
  304-5  insurance, reinsurance, indemnity, or reimbursement against the
  304-6  cost of health care and medical care services provided by the
  304-7  health maintenance organization;
  304-8              (6)  the offering of:
  304-9                    (A)  indemnity benefits covering out-of-area
 304-10  emergency services; and
 304-11                    (B)  indemnity benefits in addition to those
 304-12  relating to out-of-area and emergency services, provided through
 304-13  insurers or group hospital service corporations;
 304-14              (7)  receiving and accepting from government or private
 304-15  agencies payments covering all or part of the cost of the services
 304-16  provided or arranged for by the organization;
 304-17              (8)  all powers given to corporations (including
 304-18  professional corporations and associations), partnerships, and
 304-19  associations pursuant to their organizational documents which are
 304-20  not in conflict with provisions of this Act, or other applicable
 304-21  law.
 304-22        SECTION 13.05.  Article 5.75-1(b), Insurance Code, is amended
 304-23  to read as follows:
 304-24        (b)  Credit for reinsurance shall be allowed a ceding insurer
 304-25  as either an asset or a deduction from liability on account of
 304-26  reinsurance ceded only when:
 304-27              (1)  the reinsurance is ceded to an assuming insurer
  305-1  which is licensed to transact insurance or reinsurance in this
  305-2  state; or
  305-3              (2)  the reinsurance is ceded to an assuming insurer
  305-4  which is accredited as a reinsurer in this state.  An accredited
  305-5  reinsurer is one which:  submits to this state's jurisdiction;
  305-6  submits to this state's authority to examine its books and records;
  305-7  is domiciled and licensed to transact insurance or reinsurance in
  305-8  at least one state, or in the case of a United States branch of an
  305-9  alien assuming insurer is entered through and licensed to transact
 305-10  insurance or reinsurance in at least one state; files annually a
 305-11  copy of its annual statement, filed with the insurance department
 305-12  of its state of domicile, with the State Board of Insurance; and
 305-13  maintains a surplus as regards policyholders in an amount not less
 305-14  than $20 million; or
 305-15              (3)  the reinsurance is ceded to an assuming insurer
 305-16  which maintains a trust fund in a qualified United States financial
 305-17  institution, as defined in Subsection (e)(2), for the payment of
 305-18  the valid claims of its United States policyholders and ceding
 305-19  insurers, their assigns, and successors in interest.  The trusteed
 305-20  assuming insurer shall report annually not later than March 1 to
 305-21  the State Board of Insurance information substantially the same as
 305-22  that required to be reported on the NAIC Annual Statement form by
 305-23  licensed insurers to enable the State Board of Insurance to
 305-24  determine the sufficiency of the trust fund.  In the case of a
 305-25  single assuming insurer, the trust shall consist of a trusteed
 305-26  account representing the assuming insurer's liabilities
 305-27  attributable to business written in the United States and, in
  306-1  addition, include a trusteed surplus of not less than $20 million.
  306-2  In the case of a group of insurers, which group includes
  306-3  unincorporated individual insurers <individual unincorporated
  306-4  underwriters>, the trust shall consist of a trusteed account
  306-5  representing the group's liabilities attributable to business
  306-6  written in the United States and, in addition, include a trusteed
  306-7  surplus of not less than $100 million; and the group shall make
  306-8  available to the State Board of Insurance an annual certification
  306-9  by the group's domiciliary regulator and its independent public
 306-10  accountants of the solvency of each underwriter.  In the case of a
 306-11  group of incorporated insurers under common administration which
 306-12  has continuously transacted an insurance business for at least
 306-13  three years, which is under the supervision of the Department of
 306-14  Trade and Industry of the United Kingdom, and which has aggregate
 306-15  policyholder's surplus of $10 billion, the trust shall consist of a
 306-16  trusteed account representing the group's several liabilities
 306-17  attributable to business written in the United States pursuant to
 306-18  reinsurance contracts issued in the name of the group and, in
 306-19  addition, include a trusteed surplus of not less than $100 million
 306-20  which shall be held jointly for the benefit of United States
 306-21  insurers ceding business to any member of the group, and each
 306-22  member of the group shall make available to the State Board of
 306-23  Insurance an annual certification by the member's domiciliary
 306-24  regulator and its independent public accountants of the solvency of
 306-25  each member.  Such trust shall be established in a form approved by
 306-26  the State Board of Insurance.  The trust instrument shall provide
 306-27  that contested claims shall be valid and enforceable upon the final
  307-1  order of any court of competent jurisdiction in the United States.
  307-2  The trust shall vest legal title to its assets in the trustees of
  307-3  the trust for its United States policyholders and ceding insurers,
  307-4  their assigns, and successors in interest.  The trust and the
  307-5  assuming insurer shall be subject to examination as determined by
  307-6  the State Board of Insurance.  The trust described herein must
  307-7  remain in effect for as long as the assuming insurer shall have
  307-8  outstanding obligations due under the reinsurance agreements
  307-9  subject to the trust.  Not later than February 28 of each year the
 307-10  trustees of the trust shall report to the State Board of Insurance
 307-11  in writing setting forth the balance of the trust and listing the
 307-12  trust's investments at the preceding year end and shall certify the
 307-13  date of termination of the trust, if so planned, or certify that
 307-14  the trust shall not expire prior to the next following December 31;
 307-15  or
 307-16              (4)  the reinsurance is ceded to an assuming insurer
 307-17  not meeting the requirements of Subdivision (1), (2), or (3), but
 307-18  only with respect to the insurance of risks located in a
 307-19  jurisdiction where such reinsurance is required by applicable law
 307-20  or regulation of that jurisdiction to be ceded to an assuming
 307-21  insurer that does not meet the requirements of Subdivision (1),
 307-22  (2), or (3) of this subsection.
 307-23        SECTION 13.06.  Article 3.10(b), Insurance Code, is amended
 307-24  to read as follows:
 307-25        (b)  Credit for reinsurance shall be allowed a ceding insurer
 307-26  as either an asset or a deduction from liability on account of
 307-27  reinsurance ceded only when:
  308-1              (1)  the reinsurance is ceded to an assuming insurer
  308-2  which is licensed to transact insurance or reinsurance in this
  308-3  state; or
  308-4              (2)  the reinsurance is ceded to an assuming insurer
  308-5  which is accredited as a reinsurer in this state.  An accredited
  308-6  reinsurer is one which:  submits to this state's jurisdiction;
  308-7  submits to this state's authority to examine its books and records;
  308-8  is domiciled and licensed to transact insurance or reinsurance in
  308-9  at least one state, or in the case of a United States branch of an
 308-10  alien assuming insurer is entered through and licensed to transact
 308-11  insurance or reinsurance in at least one state; files annually a
 308-12  copy of its annual statement, filed with the insurance department
 308-13  of its state of domicile, with the State Board of Insurance; and
 308-14  maintains a surplus as regards policy holders in an amount not less
 308-15  than $20 million; or
 308-16              (3)  the reinsurance is ceded to an assuming insurer
 308-17  which maintains a trust fund in a qualified United States financial
 308-18  institution, as defined in Subsection (e)(2), for the payment of
 308-19  the valid claims of its United States policy holders and ceding
 308-20  insurers, their assigns, and successors in interest.  The trusteed
 308-21  assuming insurer shall report annually not later than March 1 to
 308-22  the State Board of Insurance information substantially the same as
 308-23  that required to be reported on the NAIC Annual Statement form by
 308-24  licensed insurers to enable the State Board of Insurance to
 308-25  determine the sufficiency of the trust fund.  In the case of a
 308-26  single assuming insurer, the trust shall consist of a trusteed
 308-27  account representing the assuming insurer's liabilities
  309-1  attributable to business written in the United States and, in
  309-2  addition, include a trusteed surplus of not less than $20 million.
  309-3  In the case of a group of insurers, which group includes
  309-4  unincorporated individual insurers <individual unincorporated
  309-5  underwriters>, the trust shall consist of a trusteed account
  309-6  representing the group's liabilities attributable to business
  309-7  written in the United States and, in addition, include a trusteed
  309-8  surplus of not less than $100 million and the group shall make
  309-9  available to the State Board of Insurance an annual certification
 309-10  by the group's domiciliary regulator and its independent public
 309-11  accountants of the solvency of each underwriter.  Such trust shall
 309-12  be established in a form approved by the State Board of Insurance.
 309-13  The trust instrument shall provide that contested claims shall be
 309-14  valid and enforceable upon the final order of any court of
 309-15  competent jurisdiction in the United States.  The trust shall vest
 309-16  legal title to its assets in the trustees of the trust for its
 309-17  United States policy holders and ceding insurers, their assigns,
 309-18  and successors in interest.  The trust and the assuming insurer
 309-19  shall be subject to examination as determined by the State Board of
 309-20  Insurance.  The trust described herein must remain in effect for as
 309-21  long as the assuming insurer shall have outstanding obligations due
 309-22  under the reinsurance agreements subject to the trust.  Not later
 309-23  than February 28 of each year the trustees of the trust shall
 309-24  report to the State Board of Insurance in writing setting forth the
 309-25  balance of the trust and listing the trust's investments at the
 309-26  preceding year end and shall certify the date of termination of the
 309-27  trust, if so planned, or certify that the trust shall not expire
  310-1  prior to the next following December 31; or
  310-2              (4)  the reinsurance is ceded to an assuming insurer
  310-3  not meeting the requirements of Subdivision (1), (2), or (3), but
  310-4  only with respect to the insurance of risks located in a
  310-5  jurisdiction where such reinsurance is required by applicable law
  310-6  or regulation of that jurisdiction to be ceded to an assuming
  310-7  insurer that does not meet the requirements of Subdivision (1),
  310-8  (2), or (3) of this subsection.
  310-9                 ARTICLE 14.  MOTOR VEHICLE INSURANCE
 310-10        SECTION 14.01.  Section 1B, Texas Motor Vehicle
 310-11  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 310-12  Statutes), is amended by amending Subsection (a) and adding
 310-13  Subsection (d) to read as follows:
 310-14        (a)  As a condition of operating a motor vehicle in this
 310-15  state, the operator of the motor vehicle shall furnish, on request
 310-16  of a peace officer or a person involved in an accident with the
 310-17  operator:
 310-18              (1)  a liability insurance policy in at least the
 310-19  minimum amounts required by this Act, or a photocopy of that
 310-20  policy, that covers the vehicle;
 310-21              (2)  a standard proof of liability insurance form
 310-22  promulgated by the Texas Department of Insurance and issued by a
 310-23  liability insurer that:
 310-24                    (A)  includes the name of the insurer;
 310-25                    (B)  includes the insurance policy number;
 310-26                    (C)  includes the policy period;
 310-27                    (D)  includes the name and address of each
  311-1  insured;
  311-2                    (E)  includes the policy limits or a statement
  311-3  that the coverage of the policy complies with at least the minimum
  311-4  amounts of liability insurance required by this Act; and
  311-5                    (F)  includes the make and model of each covered
  311-6  vehicle;
  311-7              (3)  an insurance binder that confirms that the
  311-8  operator is in compliance with this Act;
  311-9              (4)  a certificate or copy of a certificate issued by
 311-10  the department that shows the vehicle is covered by self-insurance;
 311-11              (5)  a certificate issued by the state treasurer that
 311-12  shows that the owner of the vehicle has on deposit with the
 311-13  treasurer money or securities in at least the amount required by
 311-14  Section 25 of this Act;
 311-15              (6)  a certificate issued by the department that shows
 311-16  that the vehicle is a vehicle for which a bond is on file with the
 311-17  department as provided by Section 24 of this Act; or
 311-18              (7)  a copy of a certificate issued by the county judge
 311-19  of a county in which the vehicle is registered that shows that the
 311-20  owner of the vehicle has on deposit with the county judge cash or a
 311-21  cashier's check in at least the amount required by Section 1A(b)(6)
 311-22  of this Act.
 311-23        (d)  A standard proof of liability insurance form described
 311-24  in Subsection (A)(2) of this section, or a document that is an
 311-25  unauthorized version of the form, is a governmental record for
 311-26  purposes of Chapter 37, Penal Code.  A standard proof of liability
 311-27  insurance form is unauthorized for purposes of this subsection if
  312-1  it is not issued by an insurer authorized to transact motor vehicle
  312-2  liability insurance in this state.
  312-3        SECTION 14.02.  Section 19, Texas Motor Vehicle
  312-4  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  312-5  Statutes), is amended by adding Subsection (c) to read as follows:
  312-6        (c)  A certificate described in Subsection (a) of this
  312-7  section, or a document that is an unauthorized version of the
  312-8  certificate, is a governmental record for purposes of Chapter 37,
  312-9  Penal Code.  A certificate is unauthorized for purposes of this
 312-10  subsection if it is not issued by an insurer authorized to transact
 312-11  motor vehicle liability insurance in this state.
 312-12        SECTION 14.03.  Subchapter F, Chapter 21, Insurance Code, is
 312-13  amended by adding Article 21.81 to read as follows:
 312-14        Art. 21.81.  TEXAS AUTOMOBILE INSURANCE PLAN ASSOCIATION
 312-15        Sec. 1.  DEFINITIONS.  In this article:
 312-16              (1)  "Association" means the Texas Automobile Insurance
 312-17  Plan Association established under this article.
 312-18              (2)  "Authorized insurer" means any insurer authorized
 312-19  by the Texas Department of Insurance to write motor vehicle
 312-20  liability coverage under the provisions of Chapter 5 of this code.
 312-21  The term does not include an insurer organized under Chapter 17 of
 312-22  this code.
 312-23              (3)  "Insurance" means an insurance policy that meets
 312-24  the requirements of the Texas Motor Vehicle Safety-Responsibility
 312-25  Act (Article 6701h, Vernon's Texas Civil Statutes).
 312-26              (4)  "Plan of operation" means the plan for operating
 312-27  the association to provide a means by which insurance may be
  313-1  assigned to an eligible person who is required by law to show proof
  313-2  of financial responsibility for the future.
  313-3        Sec. 2.  CREATION OF THE ASSOCIATION.  (a)  The Texas
  313-4  Automobile Insurance Plan Association is established.  The
  313-5  association is a nonprofit corporate body composed of all
  313-6  authorized insurers.  Each authorized insurer shall be a member of
  313-7  the association and shall remain a member of the association so
  313-8  long as the association is in existence as a condition of its
  313-9  authority to write motor vehicle liability insurance in this state.
 313-10        (b)  The association shall be administered by a governing
 313-11  committee composed of fifteen members selected as follows:
 313-12              (1)  eight members who represent the interests of
 313-13  insurers, elected by the members of the association according to a
 313-14  method determined by such members;
 313-15              (2)  five public members nominated by the Office of
 313-16  Public Insurance Counsel and selected by the commissioner; and
 313-17              (3)  two members who are licensed local recording
 313-18  agents, as defined by the plan of operation.
 313-19        (c)  To be eligible to serve on the governing committee as a
 313-20  representative of insurers, a person must be a full-time employee
 313-21  of an authorized insurer.
 313-22        (d)  A person may not serve on the governing committee as a
 313-23  public member if that person, an individual related to that person
 313-24  within the second degree of consanguinity or affinity, or an
 313-25  individual residing in the same household with that person is:
 313-26              (1)  required to be registered or licensed under this
 313-27  code or another insurance law of this state;
  314-1              (2)  employed by or acts as a consultant to a person
  314-2  required to be registered or licensed under this code or another
  314-3  insurance law of this state;
  314-4              (3)  the owner of, has a financial interest in, or
  314-5  participates in the management  of an organization required to be
  314-6  registered or licensed under this code or another insurance law of
  314-7  this state;
  314-8              (4)  an officer, employer, or consultant of an
  314-9  association in the field of insurance; or
 314-10              (5)  required to register as a lobbyist under Chapter
 314-11  305, Government Code.
 314-12        Sec. 3.  AUTHORITY OF THE ASSOCIATION; PLAN OF OPERATION.
 314-13  (a)  The governing committee has the responsibility for the
 314-14  administration of the association through the plan of operation.
 314-15  The association may collect funds from the member companies to
 314-16  provide for the operation of the association.  Assessments must be
 314-17  made upon member companies in proportion to their writings of motor
 314-18  vehicle liability insurance in this state.  If an assessment made
 314-19  upon a member insurer is not paid within a reasonable time, the
 314-20  association may bring an action to collect the assessment.  In
 314-21  addition, the association may report the failure to pay to the
 314-22  commissioner, who may institute a disciplinary action under Article
 314-23  1.10 of this code.  The association has the powers granted to
 314-24  nonprofit corporations under the Texas Non-Profit Corporation Act
 314-25  (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
 314-26        (b)  The plan of operation of the association must provide
 314-27  for the efficient, economical, fair, and nondiscriminatory
  315-1  administration of the association.
  315-2        (c)  Subject to the approval of the commissioner, the
  315-3  governing committee may make and amend the plan of operation.
  315-4        (d)  If the commissioner at any time believes that any part
  315-5  of the plan of operation is not in keeping with the purposes of the
  315-6  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  315-7  Vernon's Texas Civil Statutes), the commissioner shall notify the
  315-8  governing committee in writing so that the governing committee may
  315-9  take corrective action.
 315-10        (e)  Among other provisions, the plan of operation must
 315-11  contain incentive programs to encourage members to write insurance
 315-12  on a voluntary basis and to minimize the use of the association as
 315-13  a means to obtain insurance.  The incentive programs are effective
 315-14  on approval of the commissioner.  One of these programs shall
 315-15  target underserved geographic areas which shall be determined and
 315-16  designated by the commissioner by rule.  In determining which areas
 315-17  will be designated as underserved, the commissioner shall consider
 315-18  the availability of insurance, the number of uninsured drivers, the
 315-19  number of drivers insured through the association, and any other
 315-20  relevant factor.
 315-21        (f)  The plan of operation must include a voluntary,
 315-22  competitive limited assignment distribution plan that allows
 315-23  members to contract directly with a servicing carrier to accept
 315-24  assignments to that carrier by the association.  A servicing
 315-25  carrier must be an insurance company licensed to write automobile
 315-26  insurance in this state and is qualified if it has written
 315-27  automobile liability insurance in Texas for at least five years or
  316-1  is currently engaged as a servicing carrier for assigned risk
  316-2  automobile business in at least one other state.  After notice and
  316-3  hearing, the commissioner may prohibit an insurer from acting as a
  316-4  servicing carrier.  The terms of the contract between the servicing
  316-5  carrier and the insurer, including the buy-out fee, shall be
  316-6  determined by negotiation between the parties.  The governing
  316-7  committee may adopt reasonable rules for the conduct of business
  316-8  under the contract and may establish reasonable standards of
  316-9  eligibility for servicing carriers.
 316-10        Sec. 4.  DUTIES AND FUNCTIONS OF THE ASSOCIATION.  (a)  The
 316-11  association shall provide a means by which insurance may be
 316-12  assigned to an authorized insurance company for a person required
 316-13  by the Texas Motor Vehicle Safety-Responsibility Act (Article
 316-14  6701h, Vernon's Texas Civil Statutes) to show proof of financial
 316-15  responsibility for the future.
 316-16        (b)  An applicant is not eligible for insurance through the
 316-17  association unless the applicant and the servicing agent certify as
 316-18  part of the application to the association that the applicant has
 316-19  been rejected for insurance by at least two insurers licensed to do
 316-20  business in this state and actually writing automobile insurance in
 316-21  this state, including insurers that are not rate regulated.
 316-22        (c)  A person who obtains, from any source, excess private
 316-23  passenger auto liability insurance coverage over the minimum auto
 316-24  liability coverage required by law shall be ineligible for
 316-25  insurance through the association.  The coverage for the excess and
 316-26  basic limits policies is not affected by a violation of this
 316-27  section unless the insurer shows that the insured had actual
  317-1  knowledge that they were ineligible for coverage through the
  317-2  association.  An agent may not knowingly write excess private
  317-3  passenger auto liability insurance coverage if the minimum auto
  317-4  liability coverage required by law is provided through the
  317-5  association.  If an agent violates this section, the agent, after
  317-6  notice and hearing, is subject to the penalties provided by Section
  317-7  7, Article 1.10, of this code.
  317-8        Sec. 5.  RATES FOR INSURANCE.  (a)  At least annually, the
  317-9  commissioner shall conduct a hearing for the purpose of determining
 317-10  appropriate rates to be charged for insurance provided through the
 317-11  association.  The association may appear as a matter of right,
 317-12  shall be admitted as a party to present testimony at the hearing,
 317-13  and may file information for consideration by the commissioner.
 317-14  The commissioner shall determine and prescribe rates that are just,
 317-15  reasonable, adequate, not excessive, not confiscatory, and not
 317-16  unfairly discriminatory for the risks to which they apply.  Rates
 317-17  shall be set in an amount sufficient to carry all claims to
 317-18  maturity and to meet the expenses incurred in the writing and
 317-19  servicing of the business.  In making a determination, the
 317-20  commissioner shall consider the reports of aggregated premiums
 317-21  earned and losses and expenses incurred in the writing of motor
 317-22  vehicle insurance through the plan collected under the statistical
 317-23  plan provided for by Subsection (b) of this section.
 317-24        (b)  The commissioner shall promulgate reasonable rules and
 317-25  statistical plans to be used by each insurer in the recording and
 317-26  reporting of its premium, loss, and expense experience which must
 317-27  be reported separately for business assigned to it and other data
  318-1  required by the commissioner.
  318-2        Sec. 6.  IMMUNITY FROM LIABILITY.  (a)  The association, a
  318-3  member of the governing committee, and any employee of the
  318-4  association is not personally liable for any act performed in good
  318-5  faith within the scope of the person's authority as determined
  318-6  under this article or the plan of operation or for damages
  318-7  occasioned by his or her official acts or omissions except for an
  318-8  act or omission that is corrupt or malicious.  The association
  318-9  shall provide counsel to defend any action brought against a member
 318-10  of the governing committee or an employee by reason of the person's
 318-11  official act or omission whether or not at the time of the
 318-12  institution of the action the defendant has terminated service with
 318-13  the association.
 318-14        (b)  This section is cumulative with and does not affect or
 318-15  modify any common law or statutory privilege or immunity.
 318-16        SECTION 14.04.  Article 5.06, Insurance Code, is amended by
 318-17  adding Subsections (9) and (10) to read as follows:
 318-18        (9)  An insurance policy or other document evidencing proof
 318-19  of purchase of a personal automobile insurance policy written for a
 318-20  term of less than 30 days may not be used to obtain an original or
 318-21  renewal driver's license, an automobile registration or license
 318-22  plates, or a motor vehicle inspection certificate and must contain
 318-23  a statement as follows:
 318-24        "TEXAS LAW PROHIBITS USE OF THIS DOCUMENT TO OBTAIN A MOTOR
 318-25  VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL DRIVER'S
 318-26  LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES."
 318-27        (10)  Before accepting any premium or fee for a personal
  319-1  automobile insurance policy or binder for a term of less than 30
  319-2  days, an agent or insurer must make the following written
  319-3  disclosure to the applicant or insured:
  319-4        "TEXAS LAW PROHIBITS USE OF THIS POLICY OR BINDER TO OBTAIN A
  319-5  MOTOR VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL
  319-6  DRIVER'S LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES."
  319-7        SECTION 14.05.  Section 6(c), Chapter 173, Acts of the 47th
  319-8  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  319-9  Civil Statutes), is amended to read as follows:
 319-10        (c)  An application for an original or renewal driver's
 319-11  license must be accompanied by evidence of financial responsibility
 319-12  or a statement that the applicant does not own a motor vehicle for
 319-13  which maintenance of financial responsibility is required under the
 319-14  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 319-15  Vernon's Texas Civil Statutes). Evidence of financial
 319-16  responsibility presented under this subsection must be in at least
 319-17  the minimum amounts required by Subdivision 10, Section 1, Texas
 319-18  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
 319-19  Texas Civil Statutes), must cover each motor vehicle that the
 319-20  applicant owns and for which the applicant is required to maintain
 319-21  financial responsibility, and may be shown in the manner specified
 319-22  under Section 1B(a)<(b)> of that Act.  A personal automobile
 319-23  insurance policy used as evidence of financial responsibility under
 319-24  this subsection must be written for a term of 30 days or more as
 319-25  required by Article 5.06, Insurance Code.  A statement that the
 319-26  applicant does not own an applicable motor vehicle must be sworn to
 319-27  and signed by the applicant.
  320-1        SECTION 14.06.  Subsection (a), Section 2a, Chapter 88,
  320-2  General Laws, Acts of the 41st Legislature, 2nd Called Session,
  320-3  1929 (Article 6675a-2a, Vernon's Texas Civil Statutes), is amended
  320-4  to read as follows:
  320-5        (a)  The owner of a motor vehicle covered by Section 1A,
  320-6  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  320-7  Vernon's Texas Civil Statutes), shall submit with the application
  320-8  for registration under Section 3 of this Act evidence of financial
  320-9  responsibility that is <currently> valid.  A personal automobile
 320-10  insurance policy used as evidence of financial responsibility under
 320-11  this subsection must be written for a term of 30 days or more as
 320-12  required by Article 5.06, Insurance Code.
 320-13        SECTION 14.07.  Section 140(a), Uniform Act Regulating
 320-14  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
 320-15  is amended to read as follows:
 320-16        (a)  Every motor vehicle, trailer, semitrailer, pole trailer,
 320-17  or mobile home, registered in this state and operated on the
 320-18  highways of this state, shall have the tires, brake system
 320-19  (including power brake unit), lighting equipment, horns and warning
 320-20  devices, mirrors, windshield wipers, front seat belts in vehicles
 320-21  where seat belt anchorages were part of the manufacturer's original
 320-22  equipment on the vehicle, steering system (including power
 320-23  steering), wheel assembly, safety guards or flaps if required by
 320-24  Section 139A of this Act, tax decal if required by Section 141(d)
 320-25  of this Act, sunscreening devices unless the vehicle is exempt from
 320-26  sunscreen device restrictions under Section 134C(k) or (l) of this
 320-27  Act, exhaust system, and exhaust emission system inspected at
  321-1  state-appointed inspection stations or by State Inspectors as
  321-2  hereinafter provided.  Provisions relating to the inspection of
  321-3  trailers, semitrailers, pole trailers, or mobile homes shall not
  321-4  apply when the registered or gross weight of such vehicles and the
  321-5  load carried thereon is four thousand five hundred (4,500) pounds
  321-6  or less.  Only the mechanism and equipment designated in this
  321-7  section may be inspected, and the owner shall not be required to
  321-8  have any other equipment or part of his motor vehicle inspected as
  321-9  a prerequisite for the issuance of an inspection certificate.  At
 321-10  the time of inspection the owner or operator shall furnish evidence
 321-11  of financial responsibility.  The evidence of financial
 321-12  responsibility may be shown in the manner specified under Section
 321-13  1B(a)<(b)>, Texas Motor Vehicle Safety-Responsibility Act (Article
 321-14  6701h, Vernon's Texas Civil Statutes).  A personal automobile
 321-15  insurance policy used as evidence of financial responsibility under
 321-16  this subsection must be written for a term of 30 days or more as
 321-17  required by Article 5.06, Insurance Code.  An inspection
 321-18  certificate may not be issued for a vehicle for which the owner or
 321-19  operator fails to furnish the required evidence of financial
 321-20  responsibility.  An inspection facility or station is not liable to
 321-21  any person, including a third party, for issuing an inspection
 321-22  certificate in reliance on evidence of financial responsibility
 321-23  submitted to the facility or station.  If the inspection facility
 321-24  or station is the seller of a motor vehicle, the inspection
 321-25  facility or station may rely on an oral insurance binder.
 321-26        SECTION 14.08.  Section 35, Texas Motor Vehicle
 321-27  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  322-1  Statutes), is repealed.
  322-2        SECTION 14.09.  (a)  Not later than December 31, 1993, the
  322-3  plan of operation for the Texas Automobile Insurance Plan
  322-4  Association established under Article 21.81, Insurance Code, as
  322-5  added by this Act, shall include the limited assignment
  322-6  distribution plan required by Section 3(f) of that article.
  322-7        (b)  The administrative agency created under Section 35,
  322-8  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  322-9  Vernon's Texas Civil Statutes), shall continue to operate in
 322-10  accordance with that section as it existed immediately before the
 322-11  effective date of this Act until a governing committee is selected
 322-12  and a plan of operation for the Texas Automobile Insurance Plan
 322-13  Association is adopted and approved under Article 21.81, Insurance
 322-14  Code, as added by this Act.  On the effective date of the plan of
 322-15  operation, the administrative agency shall transfer all of its
 322-16  assets and obligations to the Texas Automobile Insurance Plan
 322-17  Association.  On and after the effective date of the plan of
 322-18  operation, the administrative agency established under Section 35,
 322-19  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 322-20  Vernon's Texas Civil Statutes), is abolished.
 322-21             ARTICLE 15.  WORKERS' COMPENSATION INSURANCE
 322-22        SECTION 15.01.  Section 4.06(d), Article 5.76-2, Insurance
 322-23  Code, is amended to read as follows:
 322-24        (d)  A policyholder in the facility who is insured under the
 322-25  rejected risk fund shall obtain a safety consultation if the
 322-26  employer:
 322-27              (1)  has a Texas <an> experience modifier greater than
  323-1  1.25;
  323-2              (2)  has a national experience modifier greater than
  323-3  1.25 and estimated premium allocable to Texas of $2,500 or more;
  323-4              (3) <(2)>  does not have an experience modifier but has
  323-5  had a loss ratio greater than 0.70 in at least two of the three
  323-6  most recent policy years for which information is available; or
  323-7              (4) <(3)>  has not been in business three years and
  323-8  meets criteria established by the commission, which may include the
  323-9  number and classification of employees, the policyholder's
 323-10  industry, and previous workers' compensation experience in this
 323-11  state or another jurisdiction.
 323-12        SECTION 15.02.  Section 10(c), Article 5.76-3, Insurance
 323-13  Code, is amended to read as follows:
 323-14        (c)  A policyholder in the fund who is insured under Article
 323-15  5.76-4 of this code shall obtain a safety consultation if the
 323-16  policyholder:
 323-17              (1)  has a Texas <an> experience modifier greater than
 323-18  1.25; <or>
 323-19              (2)  has a national experience modifier greater than
 323-20  1.25 and estimated premium allocable to Texas of $2,500 or more; or
 323-21              (3)  does not have an experience modifier but has had a
 323-22  loss ratio greater than 0.70 in at least two of the three most
 323-23  recent policy years for which information is available.
 323-24        SECTION 15.03.  Article 5.76-4(d), Insurance Code, is amended
 323-25  to read as follows:
 323-26        (d)  The fund shall decline to insure any risk if insuring
 323-27  that risk would cause the fund to exceed the premium-to-surplus
  324-1  ratios established by Article 5.76-3 of this code or if the risk is
  324-2  not in good faith entitled to insurance through the fund.  For
  324-3  purposes of this subsection only, "good faith" means honesty in
  324-4  fact in any conduct or transaction.
  324-5                     ARTICLE 16.  TITLE INSURANCE
  324-6        SECTION 16.01.  Articles 9.02(a) and (i), Insurance Code,
  324-7  are amended to read as follows:
  324-8        (a)  "Title Insurance" means insuring, guaranteeing or
  324-9  indemnifying owners of real property or others interested therein
 324-10  against loss or damage suffered by reason of liens, encumbrances
 324-11  upon, or defects in the title to said property, and the invalidity
 324-12  or impairment of liens thereon, or doing any business in substance
 324-13  equivalent to any of the foregoing in a manner designed to evade
 324-14  the provisions of this Act.
 324-15        (i)  "Abstract plant" as used herein shall mean a
 324-16  geographical abstract plant such as is defined by the Board <from
 324-17  time to time> and the Board, in defining an abstract plant, shall
 324-18  require a geographically arranged plant, currently kept to date,
 324-19  that is found by the Board to be adequate for use in insuring
 324-20  titles, so as to provide for the safety and protection of the
 324-21  policyholders.
 324-22        SECTION 16.02.  Articles 9.03 and 9.07, Insurance Code, are
 324-23  amended to read as follows:
 324-24        Art. 9.03.  May Incorporate.  (a)  Private corporations may
 324-25  be created and licensed under this chapter to <for the following
 324-26  named purposes:>
 324-27              <(1)  To> compile and own or lease, or to acquire and
  325-1  own or lease, records or abstracts of title to lands and interests
  325-2  in land<;> and to insure titles to lands or interests therein, both
  325-3  in Texas and other jurisdictions <states of the United States>, and
  325-4  indemnify the owners of such lands, or the holders of interests in
  325-5  or liens on such lands, against loss or damage on account of
  325-6  incumbrances upon or defects in the title to such lands or
  325-7  interests therein; and in transactions in which title insurance is
  325-8  to be or is being issued, to supervise or approve the signing of
  325-9  legal instruments (but not the preparation of such instruments)
 325-10  affecting land titles, disbursement of funds, prorations, delivery
 325-11  of legal instruments, closing of deals, issuance of commitments for
 325-12  title insurance specifying the requirements for title insurance and
 325-13  the defects in title necessary to be cured or corrected.  Nothing<;
 325-14  provided, however, that nothing> herein contained shall authorize
 325-15  such corporation to practice law, as that term is defined by the
 325-16  courts of this state, and in the event of any conflict herein, this
 325-17  clause shall be controlling.
 325-18        (b)  A corporation described by Subsection (a) of this
 325-19  article <Such corporations> may also exercise the following powers
 325-20  by including same in the charter when filed originally, or by
 325-21  amendment:
 325-22              (1) <(2)>  To make and sell abstracts of title in any
 325-23  counties of Texas or other states;
 325-24              (2) <(3)>  To accumulate and lend money, to purchase,
 325-25  sell or deal in notes, bonds, and securities, but without banking
 325-26  privileges;
 325-27              (3) <(4)>  To act as trustee under any lawful trust
  326-1  committed to it by contract or will, appointment by any court
  326-2  having jurisdiction of the subject matter as trustee, receiver or
  326-3  guardian and as executor or guardian under the terms of any will
  326-4  and as any administrator of the estates of decedents under the
  326-5  appointment of the court.
  326-6        Art. 9.07.  Policy Forms and Premiums.  (a)  Corporations
  326-7  organized under this Chapter, as well as foreign corporations and
  326-8  those created under Subdivision 57, Article 1302, of the Revised
  326-9  Civil Statutes of 1925 before the repeal of that statute, or under
 326-10  Chapter 8 of this Code, or any other law insofar as the business of
 326-11  either may be the business of title insurance, shall operate in
 326-12  Texas under the control and supervision and under such uniform
 326-13  rules and regulations as to forms of policies and underwriting
 326-14  contracts and premiums therefor, and such underwriting standards
 326-15  and practices as may be <from time to time> prescribed by the
 326-16  Board; and no Texas or foreign corporation, whether incorporated
 326-17  under this Chapter or any other law of the State of Texas, shall be
 326-18  permitted to issue any title policy of any character, or
 326-19  underwriting contract, to delete any policy exclusion or to
 326-20  reinsure any portion of the risk assumed by any title policy, on
 326-21  Texas real property other than under this Chapter and under such
 326-22  rules and regulations.  No policy of title insurance, title
 326-23  insurance coverage, reinsurance of any risk assumed under any
 326-24  policy of title insurance, or any guarantee of any character made
 326-25  when insuring <on> Texas titles shall be issued or valid unless
 326-26  written by a corporation complying with the provisions of and
 326-27  authorized or qualified under this Chapter, except as is provided
  327-1  in Article 9.19D.  Before any premium rate provided for herein
  327-2  shall be fixed or charged, reasonable notice shall issue, and a
  327-3  hearing afforded to the title insurance companies and title
  327-4  insurance agents authorized or qualified under this Chapter and the
  327-5  public.  Under no circumstances may any title insurance company or
  327-6  title insurance agent use any form which is required under the
  327-7  provisions of this Chapter 9 to be promulgated or approved until
  327-8  the same shall have been so promulgated or approved by the Board.
  327-9        (b)  The Board shall have the duty to fix and promulgate the
 327-10  premium rates to be charged by title insurance companies and title
 327-11  insurance agents created or operating under this Chapter for
 327-12  policies of title insurance or other promulgated or approved forms,
 327-13  and the premiums therefor shall be paid in the due and ordinary
 327-14  course of business.  Premium rates for reinsurance as between title
 327-15  insurance companies qualified under this Chapter shall not be fixed
 327-16  or promulgated by the Board, and title insurance companies may set
 327-17  such premium rates for reinsurance as such title insurance
 327-18  companies shall agree upon.  Under no circumstance shall any
 327-19  premium be charged for any policy of title insurance or other
 327-20  promulgated or approved forms different from those fixed and
 327-21  promulgated by the Board, except for premiums charged for
 327-22  reinsurance.  The premium rates fixed by the Board shall be
 327-23  reasonable to the public and nonconfiscatory as to the title
 327-24  insurance companies and title insurance agents.   For the purpose
 327-25  of collecting data on which to determine the proper rates to be
 327-26  fixed, the Board shall require all title insurance companies and
 327-27  all title insurance agents operating in Texas to submit such
  328-1  information in such form as it may deem proper, all information as
  328-2  to loss experience, expense of operation, and other material matter
  328-3  for the Board's consideration.
  328-4        (c)  The Board shall hold a biennial <an annual> hearing not
  328-5  earlier than October 1 or later than December 15 of each
  328-6  even-numbered calendar year, to consider adoption of premium rates
  328-7  and such other matters and subjects relative to the regulation of
  328-8  the business of title insurance as may be requested by any title
  328-9  insurance company, any title insurance agent, any member of the
 328-10  public, or as the Board may determine necessary to consider.
 328-11  Proper notice of such public hearing and the items to be considered
 328-12  shall be made to the public and shall be sent direct to all title
 328-13  insurance companies and title insurance agents qualified or
 328-14  authorized to do business under this Chapter for at least four (4)
 328-15  weeks in advance of such hearing.
 328-16        (d)  Premium rates when once fixed shall not be changed until
 328-17  after a public hearing shall be had by the Board, after proper
 328-18  notice sent direct to all title insurance companies and title
 328-19  insurance agents qualified or authorized to do business under this
 328-20  Chapter, and after public notice in such manner as to give fair
 328-21  publicity thereto for at least four (4) weeks in advance.  The
 328-22  Board must call such additional hearings to consider premium rate
 328-23  changes at the request of a title insurance company or the office
 328-24  of public insurance counsel.
 328-25        (e)  The Board may, on its own motion, following notice as
 328-26  required for the biennial <annual> hearing hold at any time a
 328-27  public hearing to consider adoption of premium rates and such other
  329-1  matters and subjects relative to the regulation of the business of
  329-2  title insurance as the Board shall determine necessary or proper.
  329-3        (f)  Any title insurance company, any title insurance agent,
  329-4  or other person or association of persons interested, feeling
  329-5  injured by any action of the Board or the Commissioner with regard
  329-6  to premium rates or other action taken by the Board or the
  329-7  Commissioner, shall have the right to appeal in accordance with
  329-8  Article 1.04 of this code <file a suit in the District Court of
  329-9  Travis County, within thirty (30) days after the Board has made
 329-10  such order, to review the action.  Such cases shall be tried de
 329-11  novo in the District Court in accordance with the provisions of
 329-12  Article 21.80 of the Insurance Code and shall be governed by the
 329-13  same rules of evidence and procedure as other civil cases in said
 329-14  court; in which suit the court may enter a judgment setting aside
 329-15  the Board's order, or affirming, the action of the Board>.
 329-16        SECTION 16.03.  Chapter 9, Insurance Code, is amended by
 329-17  adding Article 9.07B to read as follows:
 329-18        Art. 9.07B.  ABSTRACT OF TITLE; COMMITMENT FOR TITLE
 329-19  INSURANCE DISTINGUISHED.  (a)  An abstract of title prepared from
 329-20  an abstract plant for a chain of title of real property described
 329-21  in the abstract of title is not title insurance, a commitment for
 329-22  title insurance, or any other title insurance form.
 329-23        (b)  The Board may not adopt regulations relating to
 329-24  abstracts of title.
 329-25        (c)  A "commitment for title insurance" means a title
 329-26  insurance form that offers to issue a title policy subject to
 329-27  stated exceptions, requirements, and terms.  The term includes a
  330-1  mortgagee title policy binder on an interim construction loan.  The
  330-2  commitment, binder, title policy, or other insurance form is not an
  330-3  abstract of title.  The commitment or binder constitutes a
  330-4  statement of the terms and conditions on which the title insurance
  330-5  company is willing to issue its policy.  The title insurance policy
  330-6  or other insurance form constitutes a statement of the terms and
  330-7  conditions of the indemnity under the title insurance policy or
  330-8  other form.
  330-9        SECTION 16.04.  Article 9.09, Insurance Code, is amended to
 330-10  read as follows:
 330-11        Art. 9.09.  Prohibiting Transacting of Other Kinds of
 330-12  Insurance by Title Insurance Companies or the Transacting of Title
 330-13  Insurance by Other Types of Insurance Companies.  Corporations,
 330-14  domestic or foreign, operating under this Chapter shall not
 330-15  transact, underwrite or issue any kind of insurance other than
 330-16  title insurance on real property; nor shall title insurance be
 330-17  transacted, underwritten or issued by any company transacting any
 330-18  other kinds of insurance<; provided, however, that the above
 330-19  prohibitions shall not apply as to any corporation, domestic or
 330-20  foreign, which on October 1, 1967 was transacting, underwriting and
 330-21  issuing within the State of Texas title insurance and any other
 330-22  kind of insurance.  Any corporation now organized and doing
 330-23  business under the provisions of Chapter 8 and actively writing
 330-24  title insurance shall be subject to all the provisions of this
 330-25  Chapter except Article 9.18 relating to investments>.
 330-26        SECTION 16.05.  Chapter 9, Insurance Code, is amended by
 330-27  adding Article 9.09A to read as follows:
  331-1        Art. 9.09A.  PROHIBITING UNMARKETABILITY OF TITLE INSURANCE.
  331-2  An insurance company may not insure against loss or damage by
  331-3  reason of unmarketability of title.  The commissioner may not
  331-4  promulgate rules or forms providing for that coverage.
  331-5        SECTION 16.06.  Article 9.17(a), Insurance Code, is amended
  331-6  to read as follows:
  331-7        (a)  All title insurance companies operating under the
  331-8  provisions of this Act shall at all times establish and maintain,
  331-9  in addition to other reserves, a reserve against (1) unpaid losses,
 331-10  and (2) loss expense for costs of defense of the insured and other
 331-11  costs expected to be paid to other parties in the defense,
 331-12  settlement, or processing of the claim under the terms of the title
 331-13  insurance policy, and shall calculate such reserves by making a
 331-14  careful estimate in each case of the loss and loss expense likely
 331-15  to be incurred, by reason of every claim presented, pursuant to
 331-16  notice from or on behalf of the insured, of a title defect in or
 331-17  lien or adverse claim against the title insured, that may result in
 331-18  a loss or cause expense to be incurred for the proper disposition
 331-19  of the claim.  The sums of items so estimated for payment of loss
 331-20  and costs of defense of the insured and other costs expected to be
 331-21  paid to other parties in the defense, settlement, or processing
 331-22  under the terms of the title insurance policy shall be the total
 331-23  expenses of such title insurance company.
 331-24        SECTION 16.07.  Articles 9.18 and 9.21, Insurance Code, are
 331-25  amended to read as follows:
 331-26        Art. 9.18.  Admissible Investments for Title Insurance
 331-27  Companies.  Investments of all title insurance companies operating
  332-1  under the provisions of this Act shall be held in cash or may be
  332-2  invested in the following:
  332-3        (a)  Any corporation organized under this Act having the
  332-4  right to do a title insurance business may invest as much as 50
  332-5  <fifty (50%)> percent of its capital stock in an abstract plant or
  332-6  plants, provided that the valuation to be placed upon such plant or
  332-7  plants shall be approved by the Board; provided, however, that if
  332-8  such corporation maintains with the Board the deposit of One
  332-9  Hundred Thousand Dollars ($100,000) in securities as provided in
 332-10  Article 9.12 of this Act, such of its capital in excess of 50
 332-11  <fifty (50%)> percent, as deemed necessary to its business by its
 332-12  board of directors may be invested in abstract plants; and provided
 332-13  further, that a corporation created or operating under the
 332-14  provisions of this Act may own or acquire more than one abstract
 332-15  plant in any one county but only one abstract plant in any one
 332-16  county is admissible as an investment.
 332-17        (b)  Those securities set forth in Article 3.39, Insurance
 332-18  Code, <as authorized investments for life insurance companies> and
 332-19  in authorized investments for title insurance companies under the
 332-20  laws of any other state in which the affected company may be
 332-21  authorized to do business from time to time.
 332-22        (c)  Real estate or any interest therein which may be:
 332-23              (1)  required for its convenient accommodation in the
 332-24  transaction of its business with reasonable regard to future needs;
 332-25              (2)  acquired in connection with a claim under a policy
 332-26  of title insurance;
 332-27              (3)  acquired in satisfaction or on account of loans,
  333-1  mortgages, liens, judgments or decrees, previously owing to it in
  333-2  the course of its business;
  333-3              (4)  acquired in part payment of the consideration of
  333-4  the sale of real property owned by it if the transaction shall
  333-5  result in a net reduction in the company's investment in real
  333-6  estate;
  333-7              (5)  reasonably necessary for the purpose of
  333-8  maintaining or enhancing the sale value of real property previously
  333-9  acquired or held by it under Subparagraphs (1), (2), (3) or (4) of
 333-10  this Section; provided, however, that no title insurance company
 333-11  shall hold any real estate acquired under Subparagraphs (2), (3) or
 333-12  (4) for more than ten (10) years without written approval of the
 333-13  Board.
 333-14        (d)  First mortgage notes secured by:
 333-15              (1)  abstract plants and connected personalty within or
 333-16  without the State of Texas;
 333-17              (2)  stock of title insurance agents within or without
 333-18  the State of Texas;
 333-19              (3)  construction contract or contracts for the purpose
 333-20  of building an abstract plant and connected personalty;
 333-21              (4)  any combination of two or more of items (1), (2),
 333-22  and (3).
 333-23        In no event shall the amount of any first mortgage note
 333-24  exceed 80 <eighty (80%)> percent of the appraised value of the
 333-25  security for such note as set out above.
 333-26        (e)  The shares of any federal home loan bank in the amount
 333-27  necessary to qualify for membership and any additional amounts
  334-1  approved by the Commissioner.
  334-2        (f)  Investments in foreign securities that are substantially
  334-3  of the same kinds, classes, and investment-grade as those eligible
  334-4  for investment under other provisions of this Article.  Unless the
  334-5  investment is also authorized under Subsection (b) of this Article
  334-6  the aggregate amount of foreign investments made under this Section
  334-7  may not exceed:
  334-8              (1)  five percent of the insurer's admitted assets at
  334-9  the last year end;
 334-10              (2)  two percent of the insurer's admitted assets at
 334-11  the last year end invested in the securities of all entities
 334-12  domiciled in any one foreign country; and
 334-13              (3)  one-half of one percent of the insurer's admitted
 334-14  assets at the last year end invested in the securities of any one
 334-15  individual entity domiciled in a foreign country.
 334-16        Any investments which do not <now> qualify under this Article
 334-17  <the provisions of Subsections (a), (b), (c), or (d) above> and
 334-18  which were owned by the title insurance company on October 1, 1967,
 334-19  <are owned as of the effective date of this Act shall> continue to
 334-20  qualify.
 334-21        If any otherwise valid investment which qualifies under the
 334-22  provisions of this Article shall exceed in amount any of the
 334-23  limitations on investment contained in this Article, it shall be
 334-24  inadmissible only to the extent that it exceeds such limitation.
 334-25        Art. 9.21.  Authority of Board of Insurance of the State of
 334-26  Texas.  (a)  If any company operating under the provisions of this
 334-27  Act shall engage in the characters of business described in
  335-1  Subdivisions (1) and (2) <and (3)> of Article 9.03 of this Act, in
  335-2  such manner as might bring it within the provision of any other
  335-3  regulatory statute now or hereafter to be in force within the State
  335-4  of Texas, all examination and regulation shall be exercised by the
  335-5  Board rather than any other state agency which may be named in such
  335-6  other laws, so long as such corporation engages in the title
  335-7  guaranty or insurance business.
  335-8        (b)  The Board is hereby vested with power and authority
  335-9  under this Act to promulgate and enforce rules and regulations
 335-10  prescribing underwriting standards and practices upon which title
 335-11  insurance contracts are to be issued, and is hereby further vested
 335-12  with the power and authority to define risks which may not be
 335-13  assumed under title insurance contracts, including risks that may
 335-14  not be assumed because of the insolvency of the parties to the
 335-15  transaction.  In addition, the Board is hereby vested with power
 335-16  and authority to promulgate and enforce all other such rules and
 335-17  regulations which in the discretion of the Board are deemed
 335-18  necessary to accomplish the purposes of this Act.
 335-19        SECTION 16.08.  Article 9.49, Insurance Code, is amended to
 335-20  read as follows:
 335-21        Art. 9.49.  Insured Closing.  (a)  Title insurance companies
 335-22  operating under the provisions of this chapter are hereby expressly
 335-23  authorized and empowered to issue upon request on real property
 335-24  transactions in this state at no charge whatever insured closing
 335-25  and settlement letters, in the form prescribed by the board, in
 335-26  connection with the closing and settlement of loans <made> by a
 335-27  title insurance agent or direct operation <agents> for any title
  336-1  insurance company operating under  the provisions of this chapter.
  336-2  Only <After January 1, 1976, only> the form prescribed by the board
  336-3  shall be used <thereafter>  in issuing such insured closing and
  336-4  settlement letters.  The liability of the title insurance company
  336-5  under a policy of title insurance that is issued shall not be
  336-6  changed or altered by the failure of the title insurance company to
  336-7  issue such insured closing and settlement letters <as authorized by
  336-8  this Article 9.49>.
  336-9        (b)  When an owner policy of title insurance is to be issued
 336-10  in connection with a real property transaction involving real
 336-11  property located in this state, only the title insurance company
 336-12  issuing that owner policy is hereby expressly authorized and
 336-13  empowered, at or before closing, to issue, upon written request, to
 336-14  the buyer or seller of the real property in connection with such
 336-15  closing and settlement by a title insurance agent or direct
 336-16  operation an insured closing and settlement letter, provided that
 336-17  the sale price of the real property exceeds the guaranty amount
 336-18  specified in Article 9.48 of this Insurance Code.  Only the form of
 336-19  letter and the manner of issuance prescribed by the board shall be
 336-20  used in issuing such buyer's or seller's insured closing and
 336-21  settlement letters.  The liability of the title insurance company
 336-22  under any issued policy of title insurance shall not be changed or
 336-23  altered by the failure of the title insurance company to issue the
 336-24  authorized buyer's or seller's insured closing and settlement
 336-25  letters.  The board may promulgate a charge, if any, to be made in
 336-26  the form and manner prescribed by the board for the issuance of
 336-27  each insured closing and settlement letter.
  337-1        SECTION 16.09.  This article applies only to a policy or
  337-2  contract of title insurance that is delivered, issued for delivery,
  337-3  or renewed on or after January 1, 1994.  A policy or contract
  337-4  delivered, issued for delivery, or renewed before January 1, 1994,
  337-5  is governed by the law that existed immediately before the
  337-6  effective date of this Act, and that law is continued in effect for
  337-7  that purpose.
  337-8        ARTICLE 17.  TEXAS CATASTROPHE PROPERTY INSURANCE POOL
  337-9        SECTION 17.01.  Section 3(d), Article 21.49, Insurance Code,
 337-10  is amended to read as follows:
 337-11        (d)  "Texas Windstorm and Hail Insurance" means deductible
 337-12  insurance against direct loss, and indirect losses resulting from a
 337-13  direct loss, to insurable property as a result of windstorm or
 337-14  hail, as such terms shall be defined and limited in policies and
 337-15  forms approved by the State Board of Insurance.
 337-16        SECTION 17.02.  Article 21.49, Insurance Code, is amended by
 337-17  adding Section 6B to read as follows:
 337-18        Sec. 6B.  ASSESSMENT FOR INSPECTIONS.  (a)  The board shall
 337-19  assess each insurer who provides property insurance in a first tier
 337-20  coastal county in accordance with this section.
 337-21        (b)  The total assessment under this section must be in the
 337-22  amount the board estimates is necessary to cover the cost of
 337-23  administration of the windstorm inspection program in the first
 337-24  tier coastal counties under Section 6A of this article in the state
 337-25  fiscal year in which the assessment is made, reduced by the total
 337-26  amount of fees the board estimates will be collected for that year
 337-27  under Section 6A(c) of this article.
  338-1        (c)  The assessment must be based on each insurer's
  338-2  proportionate share of the total extended coverage and other allied
  338-3  lines premium received by all insurers for property insurance in
  338-4  the first tier coastal counties in the calendar year preceding the
  338-5  year in which the assessment is made.  The board shall adopt  rules
  338-6  to implement the assessment of insurers under this section.
  338-7        (d)  For purposes of this section, "property insurance" means
  338-8  any commercial or residential policy promulgated or approved by the
  338-9  board that provides coverage for the perils of windstorm and hail,
 338-10  including a Texas Windstorm and Hail Insurance Policy.
 338-11        SECTION 17.03.  Sections 5(e), (h), and (l), Article 21.49,
 338-12  Insurance Code, are amended to read as follows:
 338-13        (e)  The Board may <shall> develop programs to improve the
 338-14  efficient operation of the Association, including a program
 338-15  designed to create incentives for insurers to write windstorm and
 338-16  hail insurance voluntarily to cover property located in a
 338-17  catastrophe area, especially property located on the barrier
 338-18  islands.  <The Board shall implement the incentive program not
 338-19  later than April 1, 1992.  The program shall be designed in a way
 338-20  that reduces the number of policies that are not written in the
 338-21  voluntary market in catastrophe areas by not less than 10 percent
 338-22  by January 1, 1993, not less than 25 percent by January 1, 1994,
 338-23  and not less than 40 percent by January 1, 1995, based on the
 338-24  number of risks underwritten by the Association on January 1, 1991.
 338-25  The Board shall report its results to the legislature on March 1 of
 338-26  each year beginning in 1993.>
 338-27        (h)  Members of the board of directors of the Association
  339-1  serve three-year staggered terms, with the terms of three members
  339-2  expiring on the third Tuesday of March of each year.  A person may
  339-3  hold a seat on the board of directors for not more than three
  339-4  consecutive full terms, not to exceed nine years <If an insurer
  339-5  member has been elected and served two full terms, such insurer
  339-6  shall provide for a reasonable rotation of persons designated by it
  339-7  to serve on the board>.
  339-8        (l)  If an occurrence or series of occurrences within the
  339-9  defined catastrophe area results in insured losses that result in
 339-10  tax credits under Section 19(4) of this article <in excess of $100
 339-11  million> in a single calendar year, the Association shall
 339-12  immediately notify the Board of that fact.  The Board on receiving
 339-13  notice shall immediately notify the Governor and appropriate
 339-14  committees of each house of the Legislature of the amount of
 339-15  insured losses eligible for tax credits under Section 19(4) of this
 339-16  article <in excess of $100 million>.
 339-17        SECTION 17.04.  Sections 8(h) and (i), Article 21.49,
 339-18  Insurance Code, are amended to read as follows:
 339-19        (h)  Each extended coverage benchmark rate, flexibility band,
 339-20  and promulgated rate established by the Board in accordance with
 339-21  Chapter 5, Insurance Code, must be uniform throughout the first
 339-22  tier of coastal counties.
 339-23        The rates for noncommercial windstorm and hail insurance
 339-24  written by the association before December 31, 1995, shall be 90
 339-25  percent of the modified extended coverage rates.  For purposes of
 339-26  this section, the modified extended coverage rate is the greater of
 339-27  the upper flexibility band for extended coverage established by the
  340-1  board under Article 5.101 of this code or 25 percent above the
  340-2  extended coverage benchmark rate established by the board under
  340-3  that article.
  340-4        The rates for noncommercial windstorm and hail insurance
  340-5  written by the association after December 31, 1995, shall be 90
  340-6  percent of <Rates, including extended coverage rates covering risks
  340-7  or classes of risks written by the Association before December 31,
  340-8  1995, may not exceed the benchmark rates promulgated by the Board
  340-9  under Subchapter M, Chapter 5, Insurance Code, for noncommercial
 340-10  lines of insurance.  Rates for noncommercial lines of insurance
 340-11  written by the Association on or after December 31, 1995, may not
 340-12  exceed> the manual rate for monoline extended coverage promulgated
 340-13  by the Board for noncommercial risks under Subchapter C, Chapter 5,
 340-14  Insurance Code.  Notwithstanding Article 5.13-2, Insurance Code,
 340-15  the Board shall promulgate a manual rate for commercial risks and
 340-16  classes of risks written by the Association in accordance with
 340-17  Subchapter C, Chapter 5, Insurance Code.  Article 5.13-2, Insurance
 340-18  Code, does not apply to the rates of insurance written by the
 340-19  Association.  The rates for commercial windstorm and hail insurance
 340-20  written by the Association shall be 90 percent of the manual rates
 340-21  for extended coverage promulgated by the Board for commercial risks
 340-22  under Subchapter C, Chapter 5, Insurance Code.
 340-23        If valid flood or rising water insurance coverage exists and
 340-24  is maintained on any risk being insured in the pool the State Board
 340-25  of Insurance may provide for a rate and reduction in rate of
 340-26  premium as may be appropriate.
 340-27        The catastrophe element of extended coverage rates
  341-1  promulgated by the Board under this Act applicable to commercial
  341-2  risks written by the Association shall be uniform throughout the
  341-3  seacoast territory and shall be based on all monoline extended
  341-4  coverage loss experience of all regulated insurers authorized to do
  341-5  business in this state, including the Association, for property
  341-6  located in the seacoast territory, using the most recent 30 years'
  341-7  experience available.  Surcharges collected in the past and used in
  341-8  the development of current manual rates may not be excluded from
  341-9  future rate development as long as those surcharges were collected
 341-10  during the experience period used by the Board.
 341-11        The association shall either establish a reinsurance program
 341-12  or enter into a contract as provided in Subsection (i) of this
 341-13  section.  The Texas Department of Insurance may approve any
 341-14  reinsurance program.  <The State Board of Insurance shall make
 341-15  provision by rule and regulation requiring catastrophe reserves as
 341-16  part of the premium received on risks or classes of risks located
 341-17  in a catastrophe area and shall approve a catastrophe reinsurance
 341-18  pool or program that is funded through the excess of premiums over
 341-19  losses in a calendar year and may approve a catastrophe reinsurance
 341-20  pool funded through assessments of members of the Association.  The
 341-21  amount required to be reserved for catastrophes (as such
 341-22  catastrophes are defined by the Board) shall be that portion of the
 341-23  pure premium as is actuarially made attributable, as ascertained by
 341-24  the Board, to prospective catastrophic loss.  The portion of the
 341-25  pure premium attributable to prospective catastrophic loss shall
 341-26  not be income and shall be unearned until the occurrence of an
 341-27  applicable catastrophe as defined and shall be held in trust by the
  342-1  pool or trustee of the pool until losses are paid therefrom under
  342-2  such reasonable rules and regulations as the State Board of
  342-3  Insurance shall prescribe or approve.>
  342-4        (i)  The association may enter into a written agreement with
  342-5  the Texas Department of Insurance under which the association
  342-6  members relinquish their net equity pursuant to the written
  342-7  agreement on an annual basis by making payments to a fund known as
  342-8  the catastrophe reserve trust fund to be held by the Texas
  342-9  Department of Insurance outside the state treasury to protect
 342-10  policyholders of the association and to reduce the potential for
 342-11  payments by members of the association giving rise to tax credits
 342-12  in the event of loss or losses.
 342-13        The catastrophe reserve trust fund shall be kept and
 342-14  maintained by the Texas Department of Insurance pursuant to the
 342-15  written agreement between the association, the Texas Department of
 342-16  Insurance, the state treasurer, and the comptroller.  Legal title
 342-17  to money and investments in the fund is in the Texas Department of
 342-18  Insurance unless or until paid out as provided by the written
 342-19  agreement.  The state treasurer, as custodian, shall administer the
 342-20  funds strictly and solely as provided by the agreement and the
 342-21  state may not take any action with respect to the fund other than
 342-22  as specified by this act and the agreement.
 342-23        On the effective date of an agreement, all funds held on
 342-24  behalf of or paid to the association under one or more reinsurance
 342-25  plans or programs may be immediately paid to the catastrophe
 342-26  reserve trust fund.  Thereafter, at the end of either each calendar
 342-27  year or policy year, the association may pay the net equity of a
  343-1  member, including all premium and other revenue of the association
  343-2  in excess of incurred losses and operating expenses to the
  343-3  catastrophe reserve trust fund or a reinsurance program approved by
  343-4  the Commissioner of Insurance.
  343-5        The written agreement shall establish the procedure relating
  343-6  to the disbursement of funds from the catastrophe reserve trust
  343-7  fund to policyholders in the event of an occurrence or series of
  343-8  occurrences within the defined catastrophe area that results in
  343-9  insured losses and operating expenses of the association greater
 343-10  than $100 million  <The Board annually shall promulgate extended
 343-11  coverage rates based on sound actuarial principles.  Rates for
 343-12  windstorm and hail insurance shall be 90 percent of the extended
 343-13  coverage rates.  Extended coverage rates shall be uniform
 343-14  throughout the first tier coastal counties.  The catastrophe
 343-15  element of extended coverage rates shall be uniform throughout the
 343-16  seacoast territory and shall be based on all monoline extended
 343-17  coverage loss experience of all regulated insurers authorized to do
 343-18  business in this state, including the Association, for property
 343-19  located in the seacoast territory, using the most recent 30 years'
 343-20  experience available.  Surcharges collected in the past and used in
 343-21  the development of current manual rates may not be excluded from
 343-22  future rate development as long as those surcharges were collected
 343-23  during the experience period used by the Board>.
 343-24        SECTION 17.05.  Article 21.49, Insurance Code, is amended by
 343-25  adding Section 8B to read as follows:
 343-26        Sec. 8B.  INDIRECT LOSSES; PERSONAL LINES.  (a)  Except as
 343-27  provided by Subsections (b) and (c) of this section, a policy of
  344-1  windstorm and hail insurance issued by the association for a
  344-2  dwelling, as that term is defined by the Texas Department of
  344-3  Insurance or its successor, must include coverage for wind-driven
  344-4  rain damage, regardless of whether an opening is made by the wind,
  344-5  loss of use, and consequential losses, according to forms approved
  344-6  by the commissioner and for a premium paid by the insured based on
  344-7  rates established by rule adopted by the commissioner.  A policy of
  344-8  windstorm and hail insurance issued by the association for tenant
  344-9  contents of a dwelling or other residential building must include
 344-10  coverage for loss of use and consequential losses, according to
 344-11  forms approved by the board and for a premium paid by the insured
 344-12  based on rates established by rule adopted by the commissioner.
 344-13  The association shall provide coverage under this section as
 344-14  directed by rule of the commissioner.
 344-15        (b)  The association is not required to offer coverage for
 344-16  indirect losses as provided by Subsection (a) of this section
 344-17  unless that coverage was excluded from a companion policy in the
 344-18  voluntary market.
 344-19        (c)  The association is not required to provide coverage for
 344-20  (1) "loss of use" if such "loss of use" is loss of rents or loss of
 344-21  rental value; or (2) "additional living expenses" when the property
 344-22  insured is a secondary or a non-primary residence.
 344-23        SECTION 17.06.  Sections 10, 12A, and 19, Article 21.49,
 344-24  Insurance Code, are amended to read as follows:
 344-25        Sec. 10.  Immunity From Liability.  There shall be no
 344-26  liability on the part of and no cause of action of any nature shall
 344-27  arise against a director of the association, the Board or any of
  345-1  its staff, the Association or its agents or employees, or against
  345-2  any participating insurer or its agents or employees, for any
  345-3  inspections made under the plan of operation or any statements made
  345-4  in good faith by them in any reports or communications concerning
  345-5  risks submitted to the Association, or at any administrative
  345-6  hearings conducted in connection therewith under the provisions of
  345-7  this Act.
  345-8        Sec. 12A.  Legal counsel.  The association shall establish a
  345-9  plan in its plan of operation under which the association's legal
 345-10  representation before the State Board of Insurance, the Texas
 345-11  Department of Insurance, and the Texas legislature is without
 345-12  conflict of interest or the appearance of a conflict of interest as
 345-13  defined in the Texas Disciplinary Rules of Professional Conduct.
 345-14  The association shall also adopt separate and distinct procedures
 345-15  for legal counsel in the handling of disputes involving
 345-16  policyholder claims against the association <is a state agency for
 345-17  purposes of employing or authorizing legal representation and shall
 345-18  be represented by the attorney general in the manner provided by
 345-19  general law for representation of any other state agency by the
 345-20  attorney general>.
 345-21        Sec. 19.  Payment of Losses <Exceeding $100 Million in Year>;
 345-22  Premium Tax Credit.  (a)  If, in any calendar year, an occurrence
 345-23  or series of occurrences within the defined catastrophe area
 345-24  results in insured losses and operating expenses of the association
 345-25  in excess of premium and other revenue of the association, any
 345-26  excess losses shall be paid as follows:
 345-27              (1)  $100 million shall be assessed to the members of
  346-1  the association with the proportion of the loss allocable to each
  346-2  insurer determined in the same manner as its participation in the
  346-3  association has been determined for the year under Section 5(c) of
  346-4  this Act;
  346-5              (2)  any losses in excess of $100 million shall be paid
  346-6  from either the catastrophe reserve trust fund established under
  346-7  Section 8(i) of this Act or any reinsurance program established by
  346-8  the association;
  346-9              (3)  for losses in excess of those paid under
 346-10  Subdivisions (1) and (2) of this subsection, an additional $200
 346-11  million shall be assessed to the members of the association with
 346-12  the proportion of the loss allocable to each insurer determined in
 346-13  the same manner as its participation in the association has been
 346-14  determined for the year under Section 5(c) of this Act;
 346-15              (4)  any losses in excess of those paid under
 346-16  Subdivisions (1), (2), and (3) of this subsection shall be assessed
 346-17  against members of the association, with the proportion of the
 346-18  total loss allocable to each insurer determined in the same manner
 346-19  as its participation in the association has been determined for the
 346-20  year under Section 5(c) of this Act.
 346-21        (b)  An insurer may credit any amount paid in accordance with
 346-22  Subsection (a)(4) of this section in a calendar year against its
 346-23  premium tax under Article 4.10 of this code <In the event any
 346-24  occurrence or series of occurrences within the defined catastrophe
 346-25  area results in insured losses of the association totaling in
 346-26  excess of $100 million within a single calendar year, the
 346-27  proportion of the total loss allocable to each insurer shall be
  347-1  determined in the same manner as its participation in the
  347-2  association has been determined for the year under Subsection (c)
  347-3  of Section 5 of the Texas Catastrophe Insurance Pool Act, as
  347-4  amended, and any insurer which has paid its share of total losses
  347-5  exceeding $100 million in a calendar year shall be entitled to
  347-6  credit the amount of that excess share against its premium tax
  347-7  under Article 7064, Revised Civil Statutes of Texas, 1925, as
  347-8  amended>.  The tax credit herein authorized shall be allowed at a
  347-9  rate not to exceed 20 percent per year for five or more successive
 347-10  years following the year of payment of the claims.  The balance of
 347-11  payments paid by the insurer and not claimed as such tax credit may
 347-12  be reflected in the books and records of the insurer as an admitted
 347-13  asset of the insurer for all purposes, including exhibition in
 347-14  annual statements pursuant to Article 6.12 of this code <Insurance
 347-15  Code>.
 347-16        SECTION 17.07.  Section 8E, Article 21.49, Insurance Code, is
 347-17  repealed.
 347-18        SECTION 17.08.  (a)  Except as provided by Subsection (c) of
 347-19  this section, this article takes effect September 1, 1993.
 347-20        (b)  The change in law made to Article 21.49, Insurance Code,
 347-21  by this article applies only to an insurance policy that is
 347-22  delivered, issued for delivery, or renewed on or after October 1,
 347-23  1993.  An insurance policy that is delivered, issued for delivery,
 347-24  or renewed before October 1, 1993, is governed by the law as it
 347-25  existed immediately before the effective date of this article, and
 347-26  that law is continued in effect for that purpose.
 347-27        (c)  Section 17.02 of this article takes effect immediately.
  348-1  The State Board of Insurance may not make the first assessment
  348-2  under Section 6B, Article 21.49, Insurance Code, as added by this
  348-3  article, for windstorm and hail inspections before August 31, 1993.
  348-4  The first assessment must be in the amount the board estimates is
  348-5  necessary to cover the cost of administration of the windstorm
  348-6  inspection program in the first tier coastal counties under Article
  348-7  21.49, Insurance Code, in the period beginning September 1, 1993,
  348-8  and ending August 31, 1994, reduced by the total amount of fees the
  348-9  board estimates will be collected for that period under Section
 348-10  6A(c), Article 21.49, Insurance Code.
 348-11                              ARTICLE 18
 348-12    ADMISSION OF INSURERS ORGANIZED UNDER THE LAWS OF ANOTHER STATE
 348-13    OR ORGANIZED UNDER THE LAWS OF A FOREIGN COUNTRY USING TEXAS AS
 348-14                A STATE OF ENTRY INTO THE UNITED STATES
 348-15        SECTION 18.01.  Section 6, Article 3.01, Insurance Code, is
 348-16  amended to read as follows:
 348-17        Sec. 6.  The term "foreign company" means any life, accident
 348-18  or health insurance company organized under the laws of any other
 348-19  state or territory of the United States <or foreign country>.
 348-20        SECTION 18.02.  Article 3.01, Insurance Code, is amended by
 348-21  adding Sections 7A and 13 to read as follows:
 348-22        Sec. 7A.  The term "alien company" means any life, accident,
 348-23  or health insurance company organized under the laws of any foreign
 348-24  country.
 348-25        Sec. 13.  The "United States branch" means:
 348-26              (a)  the business unit through which business is
 348-27  transacted within the United States by an alien insurer;
  349-1              (b)  the assets and liabilities of the insurer within
  349-2  the United States pertaining to such business;
  349-3              (c)  the management powers pertaining to such business
  349-4  and to the assets and liabilities; or
  349-5              (d)  any combination of the foregoing.
  349-6        SECTION 18.03.  Subchapter B, Chapter 3, Insurance Code, is
  349-7  amended to read as follows:
  349-8               SUBCHAPTER B.  FOREIGN OR ALIEN COMPANIES
  349-9        Art. 3.20.  SCOPE.  This subchapter applies to any life
 349-10  insurance company, or accident insurance company, or life and
 349-11  accident, or health and accident, or life, health and accident
 349-12  insurance company, incorporated under the laws of any other state,
 349-13  territory or country, desiring to transact the business of such
 349-14  insurance in this State.
 349-15        Art. 3.20-1.  Statement to be Filed.  (a)  Any foreign or
 349-16  alien life insurance company, or accident insurance company, or
 349-17  life and accident, health and accident, or life, health and
 349-18  accident insurance company, incorporated under the laws of any
 349-19  other state, territory or country, desiring to transact the
 349-20  business of such insurance in this State, shall furnish the Texas
 349-21  Department of Insurance <said Board of Insurance Commissioners>
 349-22  with a written or printed statement under oath of the president or
 349-23  vice president, or treasurer and secretary of such company which
 349-24  statement shall show:
 349-25              1.  The name and locality of the company.
 349-26              2.  The amount of its capital stock.
 349-27              3.  The amount of its capital stock paid up.
  350-1              4.  The assets of the company, including:  first, the
  350-2  amount of cash on hand and in the hands of other persons, naming
  350-3  such persons and their residence; second, real estate unincumbered,
  350-4  where situated and its value; third, the bonds owned by the company
  350-5  and how they are secured, with the rate of interest thereon;
  350-6  fourth, debts due the company secured by mortgage, describing the
  350-7  property mortgaged and its market value; fifth, debts otherwise
  350-8  secured, stating how secured; sixth, debts for premiums; seventh,
  350-9  all other moneys and securities.
 350-10              5.  Amount of liabilities of the company, stating the
 350-11  name of the person or corporation to whom liable.
 350-12              6.  Losses adjusted and due.
 350-13              7.  Losses adjusted and not due.
 350-14              8.  Losses adjusted.
 350-15              9.  Losses in suspense and for what cause.
 350-16              10.  All other claims against the company, describing
 350-17  the same.
 350-18        The Department <Board of Insurance Commissioners> may require
 350-19  any additional facts to be shown by such annual statement.
 350-20        (b)  Each foreign <such> company shall be required to file a
 350-21  similar statement not later than March 1 of each year.
 350-22        (c)  Each alien company shall be required to file a financial
 350-23  statement as provided in Article 3.27-2 of this subchapter.
 350-24        Art. 3.21.  Articles of Incorporation to be Filed.  Any such
 350-25  foreign or alien insurance company shall accompany the statement
 350-26  required in the foregoing article with a certified copy of its acts
 350-27  or articles of incorporation, and all amendments thereto, and a
  351-1  copy of its by-laws, together with the name and residence of each
  351-2  of its officers and directors.  The same shall be certified under
  351-3  the hand of the president or secretary of such company.
  351-4        Art. 3.22.  Capital Stock and Surplus Requirements.  No
  351-5  <such> foreign or alien stock insurance company shall be licensed
  351-6  by the Department <Board of Insurance Commissioners> or shall
  351-7  transact any such business of insurance in this State unless such
  351-8  company is possessed of not less than the minimum capital and
  351-9  surplus required by this chapter of a similar domestic company in
 351-10  similar circumstances, including the same character of investments
 351-11  for its minimum capital and surplus.  No such foreign or alien
 351-12  mutual insurance company shall be licensed by the Department <Board
 351-13  of Insurance Commissioners> or shall transact any such business of
 351-14  insurance in this State unless such company is possessed of not
 351-15  less than the minimum free surplus required by Chapter 11 of this
 351-16  Code of a similar domestic company in similar circumstances
 351-17  including the same character of investments for its minimum free
 351-18  surplus.
 351-19        Art. 3.23.  ALIEN <FOREIGN> COMPANIES TO DEPOSIT.  (a)  No
 351-20  alien <such foreign> insurance company <incorporated by or
 351-21  organized under the laws of any foreign government,> shall transact
 351-22  business in this State, unless it shall first deposit and keep
 351-23  deposited with the Treasurer of this State, for the benefit of the
 351-24  policyholders of such company, citizens or residents of the United
 351-25  States, bonds or securities of the United States or the State of
 351-26  Texas in an <to the> amount at least equal to the minimum capital
 351-27  required to be maintained by a domestic stock insurer licensed to
  352-1  transact the same kind of insurance, or at least equal to one-half
  352-2  the minimum free surplus required to be maintained by a domestic
  352-3  mutual insurer licensed to transact the same kind of insurance <of
  352-4  One Hundred Thousand ($100,000.00) Dollars>.
  352-5        (b)  Upon approval of the commissioner in accordance with
  352-6  Article 3.27-1 of this subchapter, a licensed alien insurer may be
  352-7  permitted to deposit assets with a trustee or trustees for the
  352-8  security of its policyholders in the United States in lieu of
  352-9  making the deposit with the Treasurer of this State so long as such
 352-10  assets are composed of securities or bonds of the United States or
 352-11  this State and are maintained in accordance with provisions of
 352-12  Article 3.27-1 of this code.
 352-13        Art. 3.24.  DEPOSIT LIABLE FOR JUDGMENT; DURATION.  The
 352-14  deposit required by the preceding article shall be held liable to
 352-15  pay the judgments of policyholders of the insurer in the United
 352-16  States <in such company>, and may be so decreed by the court
 352-17  adjudicating the same.  It shall be maintained so long as any
 352-18  liability of the insurer arising out of its insurance transactions
 352-19  in the United States remains outstanding.
 352-20        Art. 3.24-1.  Certificate of Authority.  When a foreign or
 352-21  alien company has complied with the requirements of this Subchapter
 352-22  and all other requirements imposed on such company by law and has
 352-23  paid any deposit imposed by law, and the operational history of the
 352-24  company when reviewed in conjunction with its loss experience, the
 352-25  kinds and nature of risks insured, the financial condition of the
 352-26  company and its ownership, its proposed method of operation, its
 352-27  affiliations, its investments, any contracts leading to contingent
  353-1  liability or agreements in respect to guaranty and surety, other
  353-2  than insurance, and the ratio of total annual premium and net
  353-3  investment income to commission expenses, general insurance
  353-4  expenses, policy benefits paid and required policy reserve
  353-5  increases, indicates a condition such that the expanded operation
  353-6  of the company in this State or its operations outside this State
  353-7  will not create a condition which might be hazardous to its
  353-8  policyholders, creditors or the general public, the Commissioner
  353-9  shall file in the office the documents delivered to him and shall
 353-10  issue to the company a certificate of authority to transact in this
 353-11  State the kind or kinds of business specified therein.  Such
 353-12  certificate shall continue in full force and effect upon the
 353-13  condition that the company shall continue to comply with the laws
 353-14  of this State.
 353-15        Art. 3.25.  Law Deemed Accepted.  Each life insurance company
 353-16  not organized under the laws of this State, hereafter granted a
 353-17  certificate of authority to transact business in this State, shall
 353-18  be deemed to have accepted such certificate and to transact such
 353-19  business hereunder subject to the conditions and requirements that,
 353-20  after it shall cease to transact new business in this State under a
 353-21  certificate of authority, and so long as it shall continue to
 353-22  collect renewal premiums from citizens of this State, it shall be
 353-23  subject to the payment of the same occupation tax in proportion to
 353-24  its gross premiums during any year, from citizens of this State, as
 353-25  is or may be imposed by law on such companies transacting new
 353-26  business within this State, under certificates of authority during
 353-27  such year.  The rate of such tax to be so paid by any such company
  354-1  shall never exceed the rate imposed by law upon insurance companies
  354-2  transacting business in this State.  Each such company shall make
  354-3  the same reports of its gross premium receipts for each such year
  354-4  and within the same period as is or may be required of such
  354-5  companies holding certificates of authority and shall at all times
  354-6  be subject to examination by the Board of Insurance Commissioners
  354-7  or some one selected by it for that purpose, in the same way and to
  354-8  the same extent as is or may be required of companies transacting
  354-9  new business under certificates of authority in this State, the
 354-10  expenses of such examination to be paid by the company examined.
 354-11  The respective duties of the Board in certifying to the amount of
 354-12  such taxes and of the State Treasurer and Attorney General in their
 354-13  collection shall be the same as are or may be prescribed respecting
 354-14  taxes due from companies authorized to transact new business within
 354-15  this State.
 354-16        Art. 3.26.  WHEN ALIEN <FOREIGN> COMPANIES NEED NOT DEPOSIT.
 354-17  If the deposit required by Article 3.23 of this code has been made
 354-18  in any State of the United States, under the laws of such State, in
 354-19  such manner as to secure equally all the policyholders of such
 354-20  Company who are citizens and residents of the United States, then
 354-21  no deposit shall be required in this State; but a certificate of
 354-22  such deposit under the hand and seal of the officer of such other
 354-23  State with whom the same has been made shall be filed with the
 354-24  Department <Board of Insurance Commissioners>.
 354-25        Art. 3.27.  Companies Desiring to Loan Money.  Any life
 354-26  insurance company not desiring to engage in the business of writing
 354-27  life insurance in this State, but desiring to loan its funds in
  355-1  this State, may obtain a permit to do so from the Secretary of
  355-2  State by complying with the laws of this State relating to foreign
  355-3  corporations engaged in loaning money in this State, without being
  355-4  required to secure a certificate of authority to write life
  355-5  insurance in this State.
  355-6        Art. 3.27-1.  TRUSTEED ASSETS OF AN ALIEN INSURER.  (a)
  355-7  Assets which any authorized alien insurer is required or permitted
  355-8  by this subchapter to deposit with a trustee or trustees for the
  355-9  security of its policyholders in the United States shall be known
 355-10  as "trusteed assets".  All trusteed assets shall be continuously
 355-11  kept within the United States, and the trusteed assets of an alien
 355-12  insurer entering the United States through this State shall be kept
 355-13  continuously in this State.
 355-14        (b)  The deed of trust and all amendments to the deed of
 355-15  trust of such insurer shall be authenticated in such form and
 355-16  manner as prescribed by the commissioner, and shall not be
 355-17  effective unless approved by the commissioner.
 355-18        (c)  The commissioner shall give approval to a deed of trust
 355-19  if the commissioner finds:
 355-20              (1)  the deed of trust or its amendments are sufficient
 355-21  in form and are in conformity with applicable law;
 355-22              (2)  the trustee or trustees are eligible as such; and
 355-23              (3)  the deed of trust is adequate to protect the
 355-24  interests of the beneficiaries of the trust.
 355-25        (d)  If after notice and hearing the commissioner finds that
 355-26  the requisites for approval of the deed of trust no longer exist,
 355-27  the commissioner may withdraw approval.
  356-1        (e)  The commissioner may from time to time approve
  356-2  modifications of, or variations in any deed of trust, which in the
  356-3  commissioner's judgment are in the best interests of the
  356-4  policyholders of the alien insurer within the United States.
  356-5        (f)  The deed of trust shall contain provisions which:
  356-6              (1)  vest legal title to trusteed assets in the trustee
  356-7  or trustees and successors lawfully appointed, in trust for the
  356-8  security of all policyholders of the alien insurer within the
  356-9  United States;
 356-10              (2)  provide for substitution of a new trustee or
 356-11  trustees in the event of vacancy by death, resignation, or other
 356-12  incapacity, subject to the approval of the commissioner; and
 356-13              (3)  require that the trustee or trustees shall
 356-14  continuously maintain a record at all times sufficient to identify
 356-15  the assets of the trust fund.
 356-16        (g)  The deed of trust may provide that income, earnings,
 356-17  dividends, or interest accumulations of the assets of the fund may
 356-18  be paid over to the United States manager of the alien insurer,
 356-19  upon request.
 356-20        (h)  The deed of trust shall provide that no withdrawal of
 356-21  assets, other than income as specified in Subsection (g) of this
 356-22  article, shall be made or permitted by the trustee or trustees
 356-23  without prior written approval of the commissioner, except:
 356-24              (1)  to make deposits required by law in any state for
 356-25  the security or benefit of all policyholders of the alien insurer
 356-26  in the United States;
 356-27              (2)  to substitute other assets permitted by law and at
  357-1  least equal in value to those withdrawn upon the specific written
  357-2  direction of the United States manager or an assistant United
  357-3  States manager when duly empowered and acting pursuant to either
  357-4  general or specific written authority previously given or delegated
  357-5  by the board of directors; or
  357-6              (3)  to transfer such assets to an official liquidator
  357-7  or rehabilitator pursuant to an order of a court of competent
  357-8  jurisdiction.
  357-9        (i)  Upon withdrawal of trusteed assets deposited in another
 357-10  state in which the insurer is authorized to do business, the deed
 357-11  of trust may require similar written approval of the insurance
 357-12  supervising official of that state in lieu of approval of the
 357-13  commissioner as provided in Subsection (h) of this article.  In all
 357-14  such instances, the alien insurer shall notify the commissioner in
 357-15  writing of the nature and extent of the withdrawal.
 357-16        Art. 3.27-2.  TRUSTEED SURPLUS OF ALIEN INSURERS.  (a)  Every
 357-17  authorized alien insurer shall file with the Department a financial
 357-18  statement not later than March 1 of each year on a form prescribed
 357-19  by the commissioner showing at last year end the following:
 357-20              (1)  all its general deposits of assets within the
 357-21  United States deposited with officers of any state in trust for the
 357-22  exclusive benefit, security, and protection of its policyholders
 357-23  within the United States;
 357-24              (2)  all its special deposits of assets within the
 357-25  United States deposited with officers of any state in trust for the
 357-26  exclusive benefit, security, and protection of its policyholders
 357-27  within a particular state;
  358-1              (3)  all its trusteed assets within the United States
  358-2  held by a trustee or trustees for the exclusive benefit, security,
  358-3  and protection of all its policyholders within the United States;
  358-4              (4)  the amount of its policy loans to policyholders
  358-5  within the United States, not exceeding the amount of the legal
  358-6  reserve required on each such policy;
  358-7              (5)  all its reserves and other liabilities arising out
  358-8  of policies or obligations issued, assumed or incurred in the
  358-9  United States; and
 358-10              (6)  such further information as determined necessary
 358-11  to implement provisions of this article.
 358-12        (b)  In determining the net amount of an alien insurer's
 358-13  liabilities in the United States, a deduction may be made for the
 358-14  following:
 358-15              (1)  reinsurance on losses with insurers qualifying for
 358-16  credit, less unpaid reinsurance premiums, with a schedule showing
 358-17  by company the amount deducted; and
 358-18              (2)  unearned premiums on agents' balances or
 358-19  uncollected premiums not more than 90 days past due.  Any liability
 358-20  on an asset not considered in the statement may be applied against
 358-21  such asset.
 358-22        (c)  No credit shall be allowed in the statement for any
 358-23  special state deposit held for the exclusive benefit of
 358-24  policyholders of any particular state except as an offset against
 358-25  the liabilities of the alien insurer in that state.
 358-26        (d)  The accrued interest at the date of the statement on
 358-27  assets deposited with states and trustees shall be allowed in the
  359-1  statement where the interest is collected by the states or
  359-2  trustees.
  359-3        (e)  The aggregate value of the insurer's general state
  359-4  deposits and trusteed assets less the aggregate net amount of all
  359-5  its liabilities and reserves in the United States as determined in
  359-6  accordance with this section shall be known as its "trusteed"
  359-7  surplus in the United States.  Whenever it appears to the
  359-8  commissioner from any such statement or any report that an alien
  359-9  insurer's trusteed surplus is reduced below the greater of minimum
 359-10  capital required of, or the minimum surplus required to be
 359-11  maintained by, a domestic insurer licensed to transact the same
 359-12  kinds of insurance, the commissioner shall determine the amount of
 359-13  the impairment and order the insurer, through its United States
 359-14  manager or attorney, to eliminate the impairment within such period
 359-15  as the commissioner designates, not more than 90 days from service
 359-16  of the order.  The commissioner may also by order revoke or suspend
 359-17  the insurer's license or prohibit it from issuing new policies in
 359-18  the United States while the impairment exists.  If at the
 359-19  expiration of the designated period has not satisfied the
 359-20  commissioner that the impairment has been eliminated, the
 359-21  commissioner may proceed against such insurer pursuant to the
 359-22  provisions of Article 21.28-A of this code as an insurer whose
 359-23  further transaction of the business of insurance in the United
 359-24  States will be hazardous to its policyholders in the United States.
 359-25        (f)  The trusteed surplus statement shall be signed and
 359-26  verified by the United States manager, attorney-in-fact, or a duly
 359-27  empowered assistant United States manager of the alien insurer.
  360-1  The items of securities and other property held under trust deeds
  360-2  shall be certified to by the United States trustee or trustees.
  360-3  The commissioner may at any time and for any time period determined
  360-4  necessary require further statements of the same kind.
  360-5        Art. 3.27-3.  EXAMINATION OF ALIEN INSURERS.  (a)  The books,
  360-6  records, accounting, and verification pertaining to the trusteed
  360-7  assets of any authorized alien insurer are subject to examination
  360-8  by the Department or its duly appointed representative at the
  360-9  United States branch office of such insurer, in the same manner and
 360-10  to the same extent that applies under Articles 1.15 and 1.16 of
 360-11  this code to domestic and foreign insurers licensed to transact the
 360-12  same kind of insurance.
 360-13        (b)  The books, records, and accounting for trusteed assets
 360-14  shall be kept and maintained, in English, in the Texas branch
 360-15  office of any alien insurer entering the United States through this
 360-16  State.
 360-17        SECTION 18.04.  Article 21.43, Insurance Code, is amended to
 360-18  read as follows:
 360-19        Art. 21.43.  FOREIGN OR ALIEN INSURANCE CORPORATIONS
 360-20        Sec. 1.  DEFINITIONS.  In this article:
 360-21              (a)  The term "foreign insurance corporation" means any
 360-22  insurance company other than one subject to provisions of
 360-23  Subchapter B, Chapter 3, of this code organized under the laws of
 360-24  any other state or territory of the United States.
 360-25              (b)  The term "alien insurance corporation" means an
 360-26  insurance company other than one subject to provisions of
 360-27  Subchapter B, Chapter 3, of this code organized under the laws of
  361-1  any foreign country.  For the purposes of this article, the term
  361-2  also includes any nonincorporated insurer organized under the laws
  361-3  of any foreign country in a form recognized by the department.
  361-4              (c)  The term "United States branch" means:
  361-5                    (1)  the business unit through which business is
  361-6  transacted within the United States by an alien insurer;
  361-7                    (2)  the assets and liabilities of the insurer
  361-8  within the United States pertaining to such business;
  361-9                    (3)  the management powers pertaining to such
 361-10  business and to the assets and liabilities; or
 361-11                    (4)  any combination of the foregoing.
 361-12        Sec. 2.  SCOPE.  This article applies to any insurance
 361-13  corporation other than one subject to Subchapter B, Chapter 3, of
 361-14  this code incorporated under the laws of any other state,
 361-15  territory, or country desiring to be licensed to transact the
 361-16  business of insurance in this State.
 361-17        Sec. 3.  CERTIFICATE OF AUTHORITY REQUIRED.  (a)  It shall be
 361-18  unlawful, except as provided in Articles 1.14-1 and 1.14-2 of this
 361-19  code, for any foreign insurance corporation or alien insurance
 361-20  corporation of the type provided for in any chapter of this code to
 361-21  engage in the business of insuring others against losses which may
 361-22  be insured against under the laws of this state without initially
 361-23  procuring a certificate of authority from the commissioner of
 361-24  insurance permitting it to engage in those business activities.
 361-25        (b)  This article does not prohibit a foreign insurer from
 361-26  reinsuring a domestic insurer or prohibit the location in Texas of
 361-27  a company that does not directly insure either persons domiciled or
  362-1  other risks located in this state.
  362-2        Sec. 4.  ANNUAL FINANCIAL STATEMENT TO BE FILED.  (a)  Any
  362-3  foreign or alien insurance corporation desiring to transact the
  362-4  business of insurance in this state shall furnish the Texas
  362-5  Department of Insurance with copies of its annual financial
  362-6  statements for the two most recent years, certified by the
  362-7  commissioner or other insurance supervising official of the state
  362-8  or country in which the insurer is organized and incorporated.  The
  362-9  Department may require any additional facts to be shown by such
 362-10  annual statement.
 362-11        (b)  Each foreign insurance corporation shall be required to
 362-12  file a statement similar to that required in Subsection (a) not
 362-13  later than March 1 of each year.
 362-14        (c)  Each alien insurance corporation shall be required to
 362-15  file a financial statement as provided in Section 11 of this
 362-16  article.
 362-17        Sec. 5.  ARTICLES OF INCORPORATION TO BE FILED.  Any foreign
 362-18  or alien insurance corporation shall accompany the statement
 362-19  required in Section 4 of this article with a certified copy of its
 362-20  acts or articles of incorporation, and all amendments thereto, and
 362-21  a copy of its by-laws, together with the name and residence of each
 362-22  of its officers and directors.  These documents shall be certified
 362-23  under the hand of the president or secretary of such company.
 362-24        Sec. 6.  EXAMINATION REQUIRED.  Before issuing a certificate
 362-25  of authority to a foreign or alien insurance corporation to do
 362-26  business in this state, the commissioner shall either make an
 362-27  examination of the insurer at the expense of such insurer at its
  363-1  principal office within the United States or accept a report of an
  363-2  examination made by the insurance department or other insurance
  363-3  supervisory official of any other state or of any government of a
  363-4  foreign country.
  363-5        Sec. 7.  ALIEN CORPORATIONS TO DEPOSIT.  (a)  No alien
  363-6  insurance corporation shall transact business in this State, unless
  363-7  it shall first deposit and keep deposited with the Treasurer of
  363-8  this State, for the benefit of the policyholders of such company,
  363-9  citizens, or residents of the United States, bonds or securities of
 363-10  the United States or the State of Texas in an amount at least equal
 363-11  to the minimum capital required to be maintained by a domestic
 363-12  stock insurer licensed to transact the same kind of insurance, or
 363-13  at least equal to one-half the minimum free surplus required to be
 363-14  maintained by a domestic mutual insurer licensed to transact the
 363-15  same kind of insurance.
 363-16        (b)  Upon approval of the commissioner in accordance with
 363-17  Section 10 of this article, a licensed alien insurer may be
 363-18  permitted to deposit assets with a trustee or trustees for the
 363-19  security of its policyholders in the United States in lieu of
 363-20  making the deposit with the Treasurer of this State so long as such
 363-21  assets are composed of securities or bonds of the United States or
 363-22  this State and are maintained in accordance with provisions of
 363-23  Section 10 of this article.
 363-24        (c)  If the deposit required by Subsection (a) of this
 363-25  section has been made in any State of the United States, under the
 363-26  laws of such State, in such manner as to secure equally all the
 363-27  policyholders of such Company who are  citizens and residents of
  364-1  the United States, then no deposit shall be required in this State;
  364-2  but a certificate of such deposit under the hand and seal of the
  364-3  officer of such other State with whom the same has been made shall
  364-4  be filed with the Department.
  364-5        Sec. 8.  PURPOSE AND DURATION OF DEPOSIT.  The deposit
  364-6  required by Section 7 of this article shall be for the exclusive
  364-7  benefit, security, and protection of policyholders of the insurer
  364-8  in the United States.  It shall be maintained so long as any
  364-9  liability of the insurer arising out of its insurance transactions
 364-10  in the United States remains outstanding.
 364-11        Sec. 9.  TEXAS LAW DEEMED ACCEPTED.  The provisions of this
 364-12  code are conditions on which foreign or alien insurance
 364-13  corporations are permitted to do the business of insurance in this
 364-14  state, and any of the foreign or alien corporations engaged in
 364-15  issuing contracts or policies in this state are deemed to have
 364-16  agreed to fully comply with these provisions as a prerequisite to
 364-17  the right to engage in business in this state.
 364-18        Sec. 10.  TRUSTEED ASSETS OF ALIEN INSURANCE CORPORATIONS.
 364-19  (a)  Assets which any authorized alien insurer is required or
 364-20  permitted by this article to deposit with a trustee or trustees for
 364-21  the security of its policyholders in the United States shall be
 364-22  known as "trusteed assets."  All trusteed assets shall be
 364-23  continuously kept within the United States, and the trusteed assets
 364-24  of an alien insurer entering the United States through this State
 364-25  shall be kept continuously in this State.
 364-26        (b)  The deed of trust and all amendments to the deed of
 364-27  trust of such insurer shall be authenticated in such form and
  365-1  manner as prescribed by the commissioner and shall not be effective
  365-2  unless approved by the commissioner.
  365-3        (c)  The commissioner shall give approval to a deed of trust
  365-4  if the commissioner finds:
  365-5              (1)  the deed of trust or its amendments are sufficient
  365-6  in form and are in conformity with applicable law;
  365-7              (2)  the trustee or trustees are eligible as such; and
  365-8              (3)  the deed of trust is adequate to protect the
  365-9  interests of the beneficiaries of the trust.
 365-10        (d)  If after notice and hearing the commissioner finds that
 365-11  the requisites for approval of the deed of trust no longer exist,
 365-12  the commissioner may withdraw approval.
 365-13        (e)  The commissioner may from time to time approve
 365-14  modifications of, or variations in any deed of trust, which in the
 365-15  commissioner's judgment are in the best interests of the
 365-16  policyholders of the alien insurer corporation within the United
 365-17  States.
 365-18        (f)  The deed of trust shall contain provisions which:
 365-19              (1)  vest legal title to trusteed assets in the trustee
 365-20  or trustees and successors lawfully appointed, in trust for the
 365-21  security of all policyholders of the alien insurer within the
 365-22  United States;
 365-23              (2)  provide for substitution of a new trustee or
 365-24  trustees in the event of vacancy by death, resignation, or other
 365-25  incapacity, subject to the approval of the commissioner; and
 365-26              (3)  require that the trustee or trustees shall
 365-27  continuously maintain a record at all times sufficient to identify
  366-1  the assets of the trust fund.
  366-2        (g)  The deed of trust may provide that income, earnings,
  366-3  dividends, or interest accumulations of the assets of the fund may
  366-4  be paid over to the United States manager of the alien insurer,
  366-5  upon request.
  366-6        (h)  The deed of trust shall provide that no withdrawal of
  366-7  assets, other than income as specified in Subsection (g) of this
  366-8  section, shall be made or permitted by the trustee or trustees
  366-9  without prior written approval of the commissioner, except:
 366-10              (1)  to make deposits required by law in any state for
 366-11  the security or benefit of all policyholders of the alien insurer
 366-12  in the United States;
 366-13              (2)  to substitute other assets permitted by law and at
 366-14  least equal in value to those withdrawn, upon the specific written
 366-15  direction of the United States manager or an assistant United
 366-16  States manager when duly empowered and acting pursuant to either
 366-17  general or specific written authority previously given or delegated
 366-18  by the board of directors; or
 366-19              (3)  to transfer such assets to an official liquidator
 366-20  or rehabilitator pursuant to an order of a court of competent
 366-21  jurisdiction.
 366-22        (i)  Upon withdrawal of trusteed assets deposited in another
 366-23  state in which the insurer is authorized to do business, the deed
 366-24  of trust may require similar written approval of the insurance
 366-25  supervising official of that state in lieu of approval of the
 366-26  commissioner as provided in Subsection (h) of this section.  In all
 366-27  such instances, the alien insurer shall notify the commissioner in
  367-1  writing of the nature and extent of the withdrawal.
  367-2        Sec. 11.  TRUSTEED SURPLUS OF ALIEN INSURANCE CORPORATIONS.
  367-3  (a)  Every authorized alien insurer shall file with the Department
  367-4  a financial statement not later than March 1 of each year on a form
  367-5  prescribed by the commissioner showing at last year end the
  367-6  following:
  367-7              (1)  all its general deposits of assets within the
  367-8  United States  deposited with officers of any state in trust for
  367-9  the exclusive benefit, security, and protection of its
 367-10  policyholders within the United States;
 367-11              (2)  all its special deposits of assets within the
 367-12  United States  deposited with officers of any state in trust for
 367-13  the exclusive benefit, security, and protection of its
 367-14  policyholders within a particular state;
 367-15              (3)  all its trusteed assets within the United States
 367-16  held by a trustee or trustees for the exclusive benefit, security,
 367-17  and protection of all its policyholders within the United States;
 367-18              (4)  all its reserves and other liabilities arising out
 367-19  of policies or obligations issued, assumed, or incurred in the
 367-20  United States; and
 367-21              (5)  such further information as determined necessary
 367-22  to implement provisions of this section.
 367-23        (b)  In determining the net amount of an alien insurer's
 367-24  liabilities in the United States, a deduction may be made for the
 367-25  following:
 367-26              (1)  reinsurance on losses with insurers qualifying for
 367-27  credit, less unpaid reinsurance premiums, with a schedule showing
  368-1  by company the amount deducted; and
  368-2              (2)  unearned premiums on agents' balances or
  368-3  uncollected premiums not more than 90 days past due.  Any liability
  368-4  on an asset not considered in the statement may be applied against
  368-5  such asset.
  368-6        (c)  No credit shall be allowed in the statement for any
  368-7  special state deposit held for the exclusive benefit of
  368-8  policyholders of any particular state except as an offset against
  368-9  the liabilities of the alien insurer in that state.
 368-10        (d)  The accrued interest at the date of the statement on
 368-11  assets deposited with states and trustees shall be allowed in the
 368-12  statement where the  interest is collected by the states or
 368-13  trustees.
 368-14        (e)  The aggregate value of the insurer's general state
 368-15  deposits and trusteed assets less the aggregate net amount of all
 368-16  its liabilities and reserves in the United States as determined in
 368-17  accordance with this section shall be known as its "trusteed"
 368-18  surplus in the United States.  Whenever it appears to the
 368-19  commissioner from any such statement or any report that an alien
 368-20  insurer's trusteed surplus is reduced below the greater of minimum
 368-21  capital required of, or the minimum surplus required to be
 368-22  maintained by, a domestic insurer licensed to transact the same
 368-23  kinds of insurance, the commissioner shall determine the amount of
 368-24  the impairment and order the insurer, through its United States
 368-25  manager or attorney, to eliminate the impairment within such period
 368-26  as the commissioner designates, not more than 90 days from service
 368-27  of the order.  The commissioner may also by order revoke or suspend
  369-1  the insurer's license or prohibit it from issuing new policies in
  369-2  the United States while the impairment exists.  If at the
  369-3  expiration of the designated period has not satisfied the
  369-4  commissioner that the impairment has been eliminated, the
  369-5  commissioner may proceed against such insurer pursuant to the
  369-6  provisions of Article 21.28-A of this code as an insurer whose
  369-7  further transaction of the business of insurance in the United
  369-8  States will be hazardous to its policyholders in the United States.
  369-9        (f)  The trusteed surplus statement shall be signed and
 369-10  verified by the United States manager, attorney-in-fact, or a duly
 369-11  empowered assistant United States manager of the alien insurer.
 369-12  The items of securities and other property held under trust deeds
 369-13  shall be certified to by the United States trustee or trustees.
 369-14  The commissioner may at any time and for any time period determined
 369-15  necessary require further statements of the same kind.
 369-16        Sec. 12.  EXAMINATION OF ALIEN INSURANCE CORPORATIONS.
 369-17  (a)  The books, records, accounting, and verification pertaining to
 369-18  the trusteed assets of any authorized alien insurer are subject to
 369-19  examination by the Department or its duly appointed representative
 369-20  at the United States branch office of such insurer in the same
 369-21  manner and to the same extent that applies under Articles 1.15 and
 369-22  1.16 of this code to domestic and foreign insurers licensed to
 369-23  transact the same kind of insurance.
 369-24        (b)  The books, records, and accounting for trusteed assets
 369-25  shall be kept and maintained, in English, in the Texas branch
 369-26  office of any alien insurer entering the United States through this
 369-27  State.
  370-1        Sec. 13.  MISCELLANEOUS PROVISIONS.  (a)  <It shall be
  370-2  unlawful, except as is provided for surplus lines in Articles
  370-3  1.14-1 and 1.14-2 of this code, for any foreign insurance
  370-4  corporation of the type provided for in any chapter of this code to
  370-5  engage in the business of insuring others against losses which may
  370-6  be insured against under the laws of this state without initially
  370-7  procuring a certificate of authority from the commissioner of
  370-8  insurance permitting it to engage in those business activities.>
  370-9        <(b)  This article does not prohibit a foreign insurer from
 370-10  reinsuring a domestic insurer or prohibit the location in Texas of
 370-11  a company that does not directly insure either persons domiciled or
 370-12  other risks located in this state.>
 370-13        <(c)  The provisions of this code are conditions on which the
 370-14  foreign insurance corporations are permitted to do business in this
 370-15  state, and any of the foreign corporations engaged in issuing
 370-16  contracts or policies in this state are deemed to have agreed to
 370-17  these conditions as a prerequisite to the right to engage in
 370-18  business in this state.>
 370-19        <(d)>  A foreign or alien insurance corporation may not be
 370-20  denied permission to do business in this state on the ground that
 370-21  all of its authorized capital stock has not been fully subscribed
 370-22  and paid for if:
 370-23              (1)  at least the minimum dollar amount of capital
 370-24  stock of the corporation required by the laws of this state (which
 370-25  may be less than all of its authorized capital stock) has been
 370-26  subscribed and paid for;
 370-27              (2)  it has at least the minimum dollar amount of
  371-1  surplus required by the laws of this state for the kinds of
  371-2  business the corporation seeks to write; and
  371-3              (3)  the corporation has fully complied with the laws
  371-4  of its domiciliary state or country relating to authorization and
  371-5  issuance of capital stock.
  371-6        (b) <(e)>  A foreign casualty insurer may not be required to
  371-7  make or maintain the deposit required of domestic casualty insurers
  371-8  by Article 8.05 of this code if a similar deposit has been made in
  371-9  any state of the United States, under the laws of that state, in a
 371-10  manner that secures equally all the policyholders of the company
 371-11  who are citizens and residents of the United States.  A certificate
 371-12  of the deposit under the signature and seal of the officer of the
 371-13  other state with whom the deposit is made must be filed with the
 371-14  department <board>.
 371-15        (c) <(f)>  A foreign or alien insurance corporation subject
 371-16  to this code may not be denied permission to do business in this
 371-17  state because the name of the corporation is the same as, or
 371-18  deceptively similar to, the name of any domestic corporation
 371-19  existing under the laws of this state or of any foreign  or alien
 371-20  corporation authorized to transact business in this state if the
 371-21  foreign or alien insurance corporation:
 371-22              (1)  files an assumed name certificate setting forth a
 371-23  name permitted under the laws of this state with the Texas
 371-24  Department <State Board> of Insurance and with any county clerks as
 371-25  provided by Section 36.10 or 36.11, Business & Commerce Code; and
 371-26              (2)  does not transact or conduct any business in this
 371-27  state except under the assumed name.
  372-1        (d) <(g)>  No action on or involving any contract entered
  372-2  into in this state between an insurance corporation and a resident
  372-3  of this state shall be commenced in or transferred to a court in
  372-4  another state without the consent of the resident of this state.
  372-5        SECTION 18.05.  Article 21.44, Insurance Code, is amended to
  372-6  read as follows:
  372-7        Art. 21.44.  CAPITAL AND SURPLUS REQUIREMENTS FOR FOREIGN OR
  372-8  ALIEN INSURANCE COMPANIES OTHER THAN LIFE.  No foreign or alien
  372-9  insurance  company subject to the provisions of Article 21.43 of
 372-10  this code <other than one doing a life insurance business> shall be
 372-11  permitted to do business within this State unless it shall have and
 372-12  maintain the minimum requirements of this Code as to capital or
 372-13  surplus or both, applicable to companies organized under this Code
 372-14  doing the same kind or kinds of business.
 372-15                  ARTICLE 19.  HEALTH CARE PROVIDERS
 372-16        SECTION 19.01.  Subsection (B), Section 2, Chapter 397, Acts
 372-17  of the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
 372-18  Insurance Code), is amended to read as follows:
 372-19        (B)  No policy of accident and sickness insurance shall make
 372-20  benefits contingent upon treatment or examination by a particular
 372-21  practitioner or by particular practitioners of the healing arts
 372-22  hereinafter designated unless such policy contains a provision
 372-23  designating the practitioner or practitioners who will be
 372-24  recognized by the insurer and those who will not be recognized by
 372-25  the insurer.  Such provision may be located in the "Exceptions" or
 372-26  "Exceptions and Reductions" provisions, or elsewhere in the policy,
 372-27  or by endorsement attached to the policy, at the insurer's option.
  373-1  In designating the practitioners who will and will not be
  373-2  recognized, such provision shall use the following terms:  Doctor
  373-3  of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
  373-4  Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
  373-5  Audiologist, Licensed Speech-language Pathologist, Doctor in
  373-6  Psychology, Certified Social Worker--Advanced Clinical
  373-7  Practitioner, Licensed Dietitian, Licensed Professional Counselor,
  373-8  <and> Licensed Marriage and Family Therapist, and Licensed Hearing
  373-9  Aid Fitter and Dispenser.
 373-10        For purposes of this Act, such designations shall have the
 373-11  following meanings:
 373-12        Doctor of Medicine:  One licensed by the Texas State Board of
 373-13  Medical Examiners on the basis of the degree "Doctor of Medicine";
 373-14        Doctor of Osteopathy:  One licensed by the Texas State Board
 373-15  of Medical Examiners on the basis of the degree of "Doctor of
 373-16  Osteopathy";
 373-17        Doctor of Dentistry:  One licensed by the State Board of
 373-18  Dental Examiners;
 373-19        Doctor of Chiropractic:  One licensed by the Texas Board of
 373-20  Chiropractic Examiners;
 373-21        Doctor of Optometry:  One licensed by the Texas Optometry
 373-22  Board;
 373-23        Doctor of Podiatry:  One licensed by the State Board of
 373-24  Podiatry Examiners;
 373-25        Licensed Audiologist:  One with a master's or doctorate
 373-26  degree in audiology from an accredited college or university and
 373-27  who is licensed as an audiologist by the State Committee of
  374-1  Examiners for Speech-Language Pathology and Audiology <certified by
  374-2  the American Speech-language and Hearing Association>;
  374-3        Licensed Speech-language Pathologist:  One with a master's or
  374-4  doctorate degree in speech pathology or speech-language pathology
  374-5  from an accredited college or university and who is licensed as a
  374-6  speech-language pathologist by the State Committee of Examiners for
  374-7  Speech-Language Pathology and Audiology <certified by the American
  374-8  Speech-language and Hearing Association>;
  374-9        Doctor in Psychology:  One licensed by the Texas State Board
 374-10  of Examiners of Psychologists and certified as a Health Service
 374-11  Provider;
 374-12        Certified Social Worker--Advanced Clinical Practitioner:  One
 374-13  certified by the Texas Department of Human Services as a Certified
 374-14  Social Worker with the order of recognition of Advanced Clinical
 374-15  Practitioner;
 374-16        Licensed Dietitian:  One licensed by the Texas State Board of
 374-17  Examiners of Dietitians;
 374-18        Licensed Professional Counselor:  One licensed by the Texas
 374-19  State Board of Examiners of Professional Counselors; <and>
 374-20        Licensed Marriage and Family Therapist:  One licensed by the
 374-21  Texas State Board of Examiners of Marriage and Family Therapists;
 374-22  and
 374-23        Licensed Hearing Aid Fitter and Dispenser:  One licensed by
 374-24  the Texas Board of Examiners in the Fitting and Dispensing of
 374-25  Hearing Aids.
 374-26        SECTION 19.02.  Sections 1 and 3, Article 21.52, Insurance
 374-27  Code, as amended by Chapters 242 and 824, Acts of the 72nd
  375-1  Legislature, Regular Session, 1991, are reenacted and amended to
  375-2  read as follows:
  375-3        Sec. 1.  DEFINITIONS.  As used in this article:
  375-4              (a)  "health insurance policy" means any individual,
  375-5  group, blanket, or franchise insurance policy, insurance agreement,
  375-6  or group hospital service contract, providing benefits for medical
  375-7  or surgical expenses incurred as a result of an accident or
  375-8  sickness;
  375-9              (b)  "doctor of podiatric medicine" includes D.P.M.,
 375-10  podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
 375-11              (c)  "doctor of optometry" includes optometrist, doctor
 375-12  of optometry, and O.D.;
 375-13              (d)  "doctor of chiropractic" means a person who is
 375-14  licensed by the Texas Board of Chiropractic Examiners to practice
 375-15  chiropractic;
 375-16              (e)  "licensed dentist" means a person who is licensed
 375-17  to practice dentistry by the State Board of Dental Examiners;
 375-18              (f)  "licensed audiologist" means a person who has
 375-19  received a master's or doctorate degree in audiology from an
 375-20  accredited college or university and is licensed as an audiologist
 375-21  by the State Committee of Examiners for Speech-Language Pathology
 375-22  and Audiology <certified by the American Speech-language and
 375-23  Hearing Association>;
 375-24              (g)  "licensed speech-language pathologist" means a
 375-25  person who has received a master's or doctorate degree in
 375-26  speech-language pathology from an accredited college or university
 375-27  and is licensed as a speech-language pathologist by the State
  376-1  Committee of Examiners for Speech-Language Pathology and Audiology
  376-2  <certified by the American Speech-language and Hearing Association
  376-3  to restore speech loss or correct a speech impairment>;
  376-4              (h)  "certified social worker--advanced clinical
  376-5  practitioner" means a person who is certified by the Texas
  376-6  Department of Human Services as a certified social worker with the
  376-7  order of recognition of advanced clinical practitioner;
  376-8              (i)  "licensed dietitian" means a person who is
  376-9  licensed by the Texas State Board of Examiners of Dietitians;
 376-10              (j)  "licensed professional counselor" means a person
 376-11  who is licensed by the Texas State Board of Examiners of
 376-12  Professional Counselors; <and>
 376-13              (k)  "psychologist" means a person licensed to practice
 376-14  psychology by the Texas State Board of Examiners of Psychologists;
 376-15              (l) <(k)>  "licensed marriage and family therapist"
 376-16  means a person who is licensed by the Texas State Board of
 376-17  Examiners of Marriage and Family Therapists; and
 376-18              (m)  "licensed hearing aid fitter and dispenser" means
 376-19  a person who is licensed by the Texas Board of Examiners in the
 376-20  Fitting and Dispensing of Hearing Aids.
 376-21        Sec. 3.  SELECTION OF PRACTITIONERS.  Any person who is
 376-22  issued, who is a party to, or who is a beneficiary under any health
 376-23  insurance policy delivered, renewed, or issued for delivery in this
 376-24  state by any insurance company, association, or organization to
 376-25  which this article applies may select a licensed doctor of
 376-26  podiatric medicine, a licensed dentist, or a doctor of chiropractic
 376-27  to perform the medical or surgical services or procedures scheduled
  377-1  in the policy which fall within the scope of the license of that
  377-2  practitioner, a licensed doctor of optometry to perform the
  377-3  services or procedures scheduled in the policy which fall within
  377-4  the scope of the license of that doctor of optometry, a licensed
  377-5  <an>  audiologist to measure hearing for the purpose of determining
  377-6  the presence or extent of a hearing loss and to provide aural
  377-7  rehabilitation services to a person with a hearing loss if those
  377-8  services or procedures are scheduled in the policy, a licensed
  377-9  speech-language pathologist to evaluate speech and language and to
 377-10  provide habilitative and rehabilitative services to restore speech
 377-11  or language loss or to correct a speech or language impairment if
 377-12  those services or procedures are scheduled in the policy, a
 377-13  certified social worker--advanced clinical practitioner to provide
 377-14  the services that fall within the scope of the license of such
 377-15  certified practitioner and which are specified as services within
 377-16  the terms of the policy of insurance, including the provision of
 377-17  direct, diagnostic, preventive, or clinical services to
 377-18  individuals, families, and groups whose functioning is threatened
 377-19  or affected by social or psychological stress or health impairment,
 377-20  if those services or procedures are scheduled in the policy, a
 377-21  licensed dietitian including a provisional licensed dietitian under
 377-22  a licensed dietitian's supervision to provide the services that
 377-23  fall within the scope of the license of that dietitian if those
 377-24  services are scheduled in the policy, a licensed professional
 377-25  counselor to provide the services that fall within the scope of the
 377-26  license of that professional if those services are scheduled in the
 377-27  policy, <or> a licensed marriage and family therapist to provide
  378-1  the services that fall within the scope of the license of that
  378-2  professional if those services are scheduled in the policy, <or> a
  378-3  psychologist to perform the services or procedures scheduled in the
  378-4  policy that fall within the scope of the license of that
  378-5  psychologist, or a licensed hearing aid fitter and dispenser to
  378-6  provide the services or procedures scheduled in the policy that
  378-7  fall within the scope of the license of that practitioner.  The
  378-8  services of a certified social worker--advanced clinical
  378-9  practitioner, licensed professional counselor, or licensed marriage
 378-10  and family therapist that are included in this Act may require a
 378-11  professional recommendation by a doctor of medicine or doctor of
 378-12  osteopathy unless the health insurance policy terms do not require
 378-13  such a recommendation.  The payment or reimbursement by the
 378-14  insurance company, association, or organization for those services
 378-15  or procedures in accordance with the payment schedule or the
 378-16  payment provisions in the policy shall not be denied because the
 378-17  same were performed by a licensed doctor of podiatric medicine, a
 378-18  licensed doctor of optometry, a licensed doctor of chiropractic, a
 378-19  licensed dentist, a licensed <an> audiologist, a licensed
 378-20  speech-language pathologist, a certified social worker--advanced
 378-21  clinical practitioner, a licensed dietitian, a licensed
 378-22  professional counselor, <or> a licensed marriage and family
 378-23  therapist, <or> a psychologist, or a licensed hearing aid fitter
 378-24  and dispenser.  There shall not be any classification,
 378-25  differentiation, or other discrimination in the payment schedule or
 378-26  the payment provisions in a health insurance policy, nor in the
 378-27  amount or manner of payment or reimbursement thereunder, between
  379-1  scheduled services or procedures when performed by a doctor of
  379-2  podiatric medicine, a doctor of optometry, a doctor of
  379-3  chiropractic, a licensed dentist, a licensed <an> audiologist, a
  379-4  licensed speech-language pathologist, a certified social
  379-5  worker--advanced clinical practitioner, a licensed dietitian, a
  379-6  licensed professional counselor, <or> a licensed marriage and
  379-7  family therapist, <or> a psychologist, or a licensed hearing aid
  379-8  fitter and dispenser which fall within the scope of his license or
  379-9  certification and the same services or procedures when performed by
 379-10  any other practitioner of the healing arts whose services or
 379-11  procedures are covered by the policy.  Any provision in a health
 379-12  insurance policy contrary to or in conflict with the provisions of
 379-13  this article shall, to the extent of the conflict, be void, but
 379-14  such invalidity shall not affect the validity of the other
 379-15  provisions of this policy.  Any presently approved policy form
 379-16  containing any provision in conflict with the requirements of this
 379-17  Act shall be brought into compliance with this Act by the use of
 379-18  riders and endorsements which have been approved by the State Board
 379-19  of Insurance or by the filing of new or revised policy forms for
 379-20  approval by the State Board of Insurance.
 379-21        SECTION 19.03.  The Texas Health Maintenance Organization Act
 379-22  (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
 379-23  Section 6A to read as follows:
 379-24        Sec. 6A.  GROUP MODEL HEALTH MAINTENANCE ORGANIZATIONS.  (a)
 379-25  Unless this section and the powers specified in Section 6(a) of
 379-26  this Act are specifically amended by law, a law, whether enacted
 379-27  before or after this enactment of this section, may not be
  380-1  construed to prohibit or restrict a group model health maintenance
  380-2  organization from:
  380-3              (1)  selectively contracting with or declining to
  380-4  contract with any or all providers as the health maintenance
  380-5  organization considers necessary;
  380-6              (2)  contracting for or declining to contract for an
  380-7  individual health care service or full range of health care
  380-8  services as the health maintenance organization considers
  380-9  necessary, if the service or services may be legally provided by
 380-10  the contracting provider; or
 380-11              (3)  requiring enrolled members of the health
 380-12  maintenance organization who wish to obtain the services covered by
 380-13  the health maintenance organization to use the providers specified
 380-14  by the health maintenance organization.
 380-15        (b)  For purposes of this section "group model health
 380-16  maintenance organization" means a health maintenance organization
 380-17  that provides the majority of its professional services through a
 380-18  single group medical practice that is formally affiliated with the
 380-19  medical school component of a Texas, state-supported, public
 380-20  college or university.
 380-21        SECTION 19.04.  Article 21.52, Insurance Code, is amended by
 380-22  adding Section 3A to read as follows:
 380-23        Sec. 3A.  PROVISION OF PHYSICAL MODALITIES AND PROCEDURES.
 380-24  (a)  A health insurer or licensed third party administrator may not
 380-25  deny reimbursement to a practitioner for the provision of covered
 380-26  services of physical modalities and procedures that are within the
 380-27  scope of such practitioner's practice provided such services are
  381-1  performed in strict conformity with applicable laws and regulations
  381-2  relating to the licensure of the practitioner and with the terms of
  381-3  the insurance policy or other coverage agreement.
  381-4        (b)  A health maintenance organization or preferred provider
  381-5  organization may not deny reimbursement to a participating
  381-6  practitioner for services provided pursuant to a coverage agreement
  381-7  solely because of the type of practitioner who provided such
  381-8  services as long as the services are performed in strict conformity
  381-9  with applicable laws and regulations relating to the licensure of
 381-10  the practitioner and with the terms of the insurance policy or
 381-11  other coverage agreement.
 381-12        (c)  Nothing herein shall be construed to circumvent
 381-13  contractual provider network agreements between a health insurer or
 381-14  a third party administrator and licensed practitioners.
 381-15        SECTION 19.05.  Article 21.52, Insurance Code, is amended by
 381-16  adding Section 4 to read as follows:
 381-17        Sec. 4.  PROVIDER CONTRACTORS.  Each person who arranges
 381-18  contracts with providers on behalf of a health maintenance
 381-19  organization or health insurer shall comply with laws relating to
 381-20  the duties of the health maintenance organization or health insurer
 381-21  to notify and consider providers for those contracts.  A violation
 381-22  of this section constitutes restraint of trade and is an unlawful
 381-23  practice under Section 15.05, Business & Commerce Code.
 381-24        SECTION 19.06.  (a)  Section 6, Article 21.52B, Insurance
 381-25  Code, is repealed.
 381-26        (b)  This section takes effect August 30, 1993.
 381-27        SECTION 19.07.  Section 2(b), Article 21.52B, Insurance Code,
  382-1  is amended to read as follows:
  382-2        (b)  This section does not prohibit:
  382-3              (1)  a provision of a policy from limiting the quantity
  382-4  or dosage supply of pharmaceutical products for which coverage is
  382-5  provided or providing financial incentives to encourage the
  382-6  beneficiary and prescribing physician to use a program that
  382-7  provides pharmaceutical products in quantities that result in cost
  382-8  savings to the insurance plan and beneficiary if the provision
  382-9  applies equally to all designated providers of pharmaceutical
 382-10  services under the policy; or
 382-11              (2)  a pharmacy card program that provides a <for an
 382-12  alternative> means of obtaining pharmaceutical services offered by
 382-13  the <such> policy through all designated providers of
 382-14  pharmaceutical services.
 382-15        SECTION 19.08.  Section 5, Article 21.52B, Insurance Code, is
 382-16  amended to read as follows:
 382-17        Sec. 5.  APPLICATION OF PROHIBITION.  The provisions of
 382-18  Section 2 of this article do not apply to a self-insured <an>
 382-19  employee benefit plan that is subject to the Employee Retirement
 382-20  Income Security Act of 1974 (29 U.S.C. Section 1001, et seq.).
 382-21        SECTION 19.09.  (a)  The Legislature hereby creates an
 382-22  interim select committee to study the impact of requiring a health
 382-23  insurance policy or health  maintenance organization to allow any
 382-24  qualified provider who is a physician, physician's assistant,
 382-25  advanced nurse practitioner, or any class of provider enumerated in
 382-26  Articles 21.52 and 21.52B, Insurance Code, to participate as a
 382-27  contracting provider for such policy or plan.
  383-1        (b)  The committee is composed of:
  383-2              (1)  three members of the senate, appointed by the
  383-3  lieutenant governor; and
  383-4              (2)  three members of the house of representatives,
  383-5  appointed by the speaker of the house of representatives.
  383-6        (c)  Not later than December 1, 1994, the committee shall
  383-7  report its findings and any recommendations for changes in the law
  383-8  to the 74th Legislature.
  383-9        SECTION 19.10.  Sections 19.01 and 19.02 of this article
 383-10  apply only to an insurance policy that is delivered, issued for
 383-11  delivery, or renewed on or after January 1, 1994.  An insurance
 383-12  policy that is delivered, issued for delivery, or renewed before
 383-13  January 1, 1994, is governed by the law as it existed immediately
 383-14  before the effective date of this Act, and that law is continued in
 383-15  effect for that purpose.
 383-16   ARTICLE 20.  PARTICULAR FUNCTIONS OF THE STATE BOARD OF INSURANCE
 383-17        SECTION 20.01.  Subchapter B, Chapter 21, Insurance Code, is
 383-18  amended by adding Article 21.20-1 to read as follows:
 383-19        Art. 21.20-1.  RULES RESTRICTING COMPETITIVE BIDDING OR
 383-20  ADVERTISING.  The commissioner may not adopt rules restricting
 383-21  competitive bidding or advertising by a person regulated by the
 383-22  department except to prohibit false, misleading, or deceptive
 383-23  practices by the person.
 383-24        SECTION 20.02.  Section 2, Article 1.10D, Insurance Code, is
 383-25  amended by adding Subsection (d-1) to read as follows:
 383-26        (d-1)  An authorized governmental agency and any state
 383-27  licensing agency shall furnish any materials, documents, reports,
  384-1  complaints, or other evidence to the insurance fraud unit on the
  384-2  request of the unit.  Compliance with this subsection by an
  384-3  authorized governmental agency or state licensing agency does not
  384-4  constitute waiver of any privilege or requirement of
  384-5  confidentiality otherwise applicable.  Notwithstanding Section 5(a)
  384-6  of this article, the commissioner may not release evidence obtained
  384-7  under this subsection for public inspection if release of the
  384-8  evidence would violate a privilege held by or a requirement of
  384-9  confidentiality imposed on the agency from which the evidence was
 384-10  obtained.
 384-11        SECTION 20.03.  Sections 1(a) and (c), Article 1.28,
 384-12  Insurance Code, are amended to read as follows:
 384-13        (a)  On giving written notice of intent to the commissioner
 384-14  of insurance, and if the commissioner of insurance does not
 384-15  disapprove within 30 days after that notice is given, a domestic
 384-16  insurance company, including a life, health, and accident insurance
 384-17  company, fire and marine insurance company, surety and trust
 384-18  company, general casualty company, title insurance company,
 384-19  fraternal benefit society, mutual life insurance company, local
 384-20  mutual aid association, statewide mutual assessment company, mutual
 384-21  insurance company other than life, farm mutual insurance company,
 384-22  county mutual insurance company, Lloyds plan, reciprocal exchange,
 384-23  group hospital service corporation, health maintenance
 384-24  organization, stipulated premium insurance company, nonprofit legal
 384-25  services corporation, or any other entity licensed under the
 384-26  Insurance Code or chartered or organized under the laws of this
 384-27  state that is an affiliated member of an insurance holding company
  385-1  system, as defined by Article 21.49-1 <21.49>, Insurance Code, as
  385-2  added by Chapter 356, Acts of the 62nd Legislature, Regular
  385-3  Session, 1971 (Article 21.49-1, Vernon's Texas Insurance Code), may
  385-4  locate and maintain all or any portion of its books, records, and
  385-5  accounts and its principal offices outside this state at a location
  385-6  within the United States if the company meets the requirements of
  385-7  this section.  This article does not apply to or prohibit the
  385-8  location and maintenance of the normal books, records, and accounts
  385-9  of either a branch office or agency office of a domestic insurance
 385-10  company at the branch office or agency office, if that office is
 385-11  located in the United States.
 385-12        (c)  The ultimate controlling person of the insurance holding
 385-13  company system, the immediate controlling person of the domestic
 385-14  insurance company, or an intermediate controlling person of the
 385-15  domestic insurance company must be legally domiciled, licensed, or
 385-16  admitted to transact business in a jurisdiction within the United
 385-17  States.
 385-18        SECTION 20.04.  Article 16.01(b), Insurance Code, is amended
 385-19  to read as follows:
 385-20        (b)  Farm mutual insurance companies may insure rural and
 385-21  urban dwellings and attendant outhouses and yard buildings, and all
 385-22  their contents for home and personal use, musical instruments and
 385-23  libraries, barns and ranch buildings of every description together
 385-24  with vehicles and implements used thereon, and<;> agricultural
 385-25  products produced or kept on farms and ranches <but not including
 385-26  growing crops>.  No building, or its contents, with more than 40
 385-27  per cent of its floor space or more than 500 square feet of floor
  386-1  space, whichever is the lesser amount, used for business purposes
  386-2  may be insured by a farm mutual insurance company except church
  386-3  buildings, fraternal lodge halls, private and church schools, and
  386-4  non-industrial use buildings owned by non-profit organizations may
  386-5  be insured, wherever situated. Farm mutual insurance companies
  386-6  shall not insure any type of commercial or private passenger motor
  386-7  vehicle except trailers and mobile homes.  A farm mutual insurance
  386-8  company may not insure growing crops unless that insurance is
  386-9  reinsured by:
 386-10              (1)  the Federal Crop Insurance Corporation under
 386-11  Section 508, Federal Crop Insurance Act (7 U.S.C. Section 1508); or
 386-12              (2)  a property and casualty insurance company licensed
 386-13  to write insurance in this state that has a rating by the A.M. Best
 386-14  Company of A- or better.
 386-15        SECTION 20.05.  Section 10, Chapter 273, Acts of the 71st
 386-16  Legislature, Regular Session, 1989, as amended by Section 13.29,
 386-17  Chapter 242, Acts of the 72nd Legislature, Regular Session, 1991,
 386-18  is amended to read as follows:
 386-19        Sec. 10.  A farm mutual that was engaged in the business of
 386-20  insuring commercial or private passenger motor vehicles on January
 386-21  1, 1989, may continue to insure motor vehicles until January 1,
 386-22  1996; provided, however, this authorization shall terminate
 386-23  immediately if the company ceases insuring motor vehicles, or if
 386-24  there is a change of control of the company as defined in Article
 386-25  21.49-1, Insurance Code.  A company insuring motor vehicles under
 386-26  this provision shall not use more than 33 <25> percent of its gross
 386-27  income for expenses unless otherwise approved by the commissioner
  387-1  of insurance.
  387-2        A farm mutual that on January 1, 1989, was operated under or
  387-3  controlled by a plan or method other than that provided in Section
  387-4  (c) or Section (d) of Article 16.01, Insurance Code, may continue
  387-5  under such plan or operation or method of control, as the case may
  387-6  be, but shall be required to comply with Sections (c) and (d) of
  387-7  Article 16.01 and all other provisions of Chapter 16, Insurance
  387-8  Code, including Section (g) of Article 16.08, on or before January
  387-9  1, 1996, or immediately on any change of control as defined in
 387-10  Article 21.49-1, Insurance Code.
 387-11        SECTION 20.06.  Section 4, Article 4.10, Insurance Code, is
 387-12  amended to read as follows:
 387-13        Sec. 4.  INAPPLICABILITY OF ARTICLE.  (a)  Except as provided
 387-14  by Subsection (b) of this section, this <This> article shall not
 387-15  apply to purely cooperative or mutual fire insurance companies
 387-16  carried on by the members thereof solely for the protection of
 387-17  their own property and not for profit.
 387-18        (b)  This article applies to crop insurance premiums only
 387-19  written by a farm mutual insurance company on or after January 1,
 387-20  1994.
 387-21        SECTION 20.07.  Chapter 16, Insurance Code, is amended by
 387-22  adding Article 16.24A to read as follows:
 387-23        Art. 16.24A.  LICENSING OF AGENTS FOR CROP
 387-24  INSURANCE.  (a)  No person or firm shall solicit, write, sign,
 387-25  execute or deliver insurance policies, bind insurance risks,
 387-26  collect premiums, or otherwise act in the capacity of a local
 387-27  recording agent in the solicitation or sale of crop insurance for a
  388-1  farm mutual insurance company unless the person or firm is licensed
  388-2  under Article 21.14 of this code.
  388-3        (b)  A farm mutual insurance company may not appoint and act
  388-4  through an agent who qualifies for a license as an agricultural
  388-5  insurance agent under Article 21.14-2 of this code.
  388-6        SECTION 20.08.  Section 2, Article 21.49-1, Insurance Code,
  388-7  is amended to read as follows:
  388-8        Sec. 2.  Definitions.  As used in this article, the following
  388-9  terms shall have the respective meanings hereinafter set forth,
 388-10  unless the context shall otherwise require:
 388-11              (a)  Affiliate.  An "affiliate" of, or person
 388-12  "affiliated" with, a specific person, is a person that directly, or
 388-13  indirectly through one or more intermediaries, controls, or is
 388-14  controlled by, or is under common control with, the person
 388-15  specified.
 388-16              (b)  Commercially Domiciled Insurer.  The term
 388-17  "commercially domiciled insurer" means a foreign or alien insurer
 388-18  authorized to do business in this state that during its three
 388-19  preceding fiscal years taken together, or any lesser period if it
 388-20  has been licensed to transact business in this state only for that
 388-21  lesser period, has written an average of more gross premiums in
 388-22  this state than it has written in its state of domicile during the
 388-23  same period, with those gross premiums constituting 20 percent or
 388-24  more of its total gross premiums everywhere in the United States
 388-25  for that three-year or lesser period, as reported in its three most
 388-26  recent annual statements.
 388-27              (c)  Commissioner.  The term "Commissioner" shall mean
  389-1  the Commissioner of Insurance, the commissioner's deputies, or the
  389-2  State Board of Insurance, as appropriate.
  389-3              (d) <(c)>  Control.  The term "control," including the
  389-4  terms "controlling," "controlled by," and "under common control
  389-5  with," means the possession, direct or indirect, of the power to
  389-6  direct or cause the direction of the management and policies of a
  389-7  person, whether through the ownership of voting securities, by
  389-8  contract other than a commercial contract for goods or
  389-9  non-management services, or otherwise, unless the power is the
 389-10  result of an official position with or corporate office held by the
 389-11  person.  Control shall be presumed to exist if any person, directly
 389-12  or indirectly, or with members of the person's immediate family,
 389-13  owns, controls, or holds with the power to vote, or if any person
 389-14  other than a corporate officer or director of a person holds
 389-15  proxies representing, 10 percent or more of the voting securities
 389-16  or authority of any other person, or if any person by contract or
 389-17  <contractor> agreement is designated as an attorney-in-fact for a
 389-18  Lloyd's Plan insurer under Article 18.02 of this code or for a
 389-19  reciprocal or interinsurance exchange under Articles 19.02 and
 389-20  19.10 of this code.  This presumption may be rebutted by a showing
 389-21  made in the manner provided by Section 3(j) that control does not
 389-22  exist in fact and that the person rebutting the presumption is in
 389-23  compliance with Sections 5(a) through (c) of this article.  The
 389-24  commissioner may determine, after furnishing all persons in
 389-25  interest notice and opportunity to be heard and making specific
 389-26  findings of fact to support such determination, that control exists
 389-27  in fact, notwithstanding the absence of a presumption to that
  390-1  effect, where a person exercises directly or indirectly either
  390-2  alone or pursuant to an agreement with one or more other persons
  390-3  such a controlling influence over the management or policies of an
  390-4  authorized insurer as to make it necessary or appropriate in the
  390-5  public interest or for the protection of the policyholders of the
  390-6  insurer that the person be deemed to control the insurer.
  390-7              (e) <(d)>  Holding Company.  The term "holding company"
  390-8  means any person who directly or indirectly controls any insurer.
  390-9              (f) <(e)>  Controlled Insurer.  The term "controlled
 390-10  insurer" means an insurer controlled directly or indirectly by a
 390-11  holding company.
 390-12              (g) <(f)>  Controlled Person.  The term "controlled
 390-13  person" means any person, other than a controlled insurer who is
 390-14  controlled directly or indirectly by a holding company.
 390-15              (h)  Domestic Insurer.  The term "domestic insurer"
 390-16  includes a commercially domiciled insurer.
 390-17              (i) <(g)>  Insurance Holding Company System.  The term
 390-18  "insurance holding company system" consists of two or more
 390-19  affiliated persons, one or more of which is an insurer.
 390-20              (j) <(h)>  Insurer.  The term "insurer" shall include
 390-21  all insurance companies organized or chartered under the laws of
 390-22  this State, commercially domiciled insurers, or insurers licensed
 390-23  to do business in this State, including capital stock companies,
 390-24  mutual companies, farm mutual insurance companies, title insurance
 390-25  companies, fraternal benefit societies, local mutual aid
 390-26  associations, Statewide mutual assessment companies, county mutual
 390-27  insurance companies, Lloyds' Plan companies, reciprocal or
  391-1  interinsurance exchanges, stipulated premium insurance companies,
  391-2  and group hospital service companies, except that it shall not
  391-3  include agencies, authorities, or instrumentalities of the United
  391-4  States, its possessions and territories, the Commonwealth of Puerto
  391-5  Rico, the District of Columbia, or a state or political subdivision
  391-6  of a state.
  391-7              (k) <(i)>  Person.  A "person" is an individual, a
  391-8  corporation, a partnership, an association, a joint stock company,
  391-9  a trust, an unincorporated organization, any similar entity or any
 391-10  combination of the foregoing acting in concert, but shall not
 391-11  include any securities broker performing no more than the usual and
 391-12  customary broker's function.
 391-13              (l) <(j)>  Securityholder.  A "securityholder" of a
 391-14  specified person is one who owns any security of such person,
 391-15  including common stock, preferred stock, debt obligations, and any
 391-16  other security convertible into or evidencing the right to acquire
 391-17  any of the foregoing.
 391-18              (m) <(k)>  Subsidiary.  A "subsidiary" of a specified
 391-19  person is an affiliate controlled by such person directly or
 391-20  indirectly through one or more intermediaries.
 391-21              (n) <(l)>  Voting Security.  The term "voting security"
 391-22  means any security or other instrument which has the power to vote
 391-23  at a meeting of shareholders of a person for or against the
 391-24  election of directors or any other matter involving the direction
 391-25  of the management and policies of such person, or any other
 391-26  security or instrument which the State Board of Insurance deems to
 391-27  be of similar nature and considers necessary or appropriate, by
  392-1  which such rules and regulations as it may prescribe in the public
  392-2  interest deems to treat as a voting security.
  392-3              (o) <(m)>  Notwithstanding any other provision of this
  392-4  article, the following shall not be deemed holding companies:  the
  392-5  United States, a state or any political subdivision, agency, or
  392-6  instrumentality thereof, or any corporation which is wholly owned
  392-7  directly or indirectly by one or more of the foregoing.
  392-8              (p) <(n)>  Immediate Family.  The term "immediate
  392-9  family" means a person's spouse, father, mother, children,
 392-10  brothers, sisters, and grandchildren, the father, mother, brothers,
 392-11  and sisters of the person's spouse, and the spouse of the person's
 392-12  child, brother or sister, mother, father, or grandparent.
 392-13              (q) <(o)>  Ultimate Controlling Person.  The term
 392-14  "ultimate controlling person" means that person who is not
 392-15  controlled by another person.
 392-16              (r) <(p)>  Notwithstanding any other provision of this
 392-17  article, this article shall not be applicable to any insurance
 392-18  holding company system in which the insurer, the holding company,
 392-19  if any, the subsidiaries, if any, the affiliates, if any, and each
 392-20  and every other member thereof, if any, is privately owned by not
 392-21  more than five (5) securityholders, each of whom is and must be an
 392-22  individual or a natural person, and the commissioner has found that
 392-23  it is not necessary that such holding company system be regulated
 392-24  under this article or certain provisions of this article and has
 392-25  issued a total or partial exemption certificate to such holding
 392-26  company which shall effect the exemption until revoked by the
 392-27  commissioner.
  393-1              (s)  The commissioner may exempt from the provisions of
  393-2  this article any commercially domiciled insurer if the commissioner
  393-3  determines that the insurer has assets physically located in this
  393-4  state or an asset to liability ratio sufficient to justify the
  393-5  conclusion that there is no reasonable danger that the operations
  393-6  or conduct of the business of the insurer could present a danger of
  393-7  loss to the policyholders of this state.
  393-8        SECTION 20.09.  Sections 3(a) and (j), Article 21.49-1,
  393-9  Insurance Code, are amended to read as follows:
 393-10        (a)  Registration.  Every insurer which is authorized to do
 393-11  business in this State and which is a member of an insurance
 393-12  holding company system shall register with the commissioner, except
 393-13  a foreign or non-domestic insurer subject to disclosure
 393-14  requirements and standards adopted by statute or regulation in the
 393-15  jurisdiction of its domicile which are substantially similar to
 393-16  those contained in this article.  The exemption from registration
 393-17  for a foreign insurer does not apply to a commercially domiciled
 393-18  insurer doing business in this state.  Any insurer which is subject
 393-19  to registration under this section shall register within 15 days
 393-20  after it becomes subject to registration unless the commissioner
 393-21  for good cause shown extends the time for registration, and then
 393-22  within such extended time.  The commissioner may require any
 393-23  authorized insurer which is a member of an insurance holding
 393-24  company system which is not subject to registration under this
 393-25  section to furnish a copy of the registration statement or other
 393-26  information filed by such insurance company with the insurance
 393-27  regulatory authority of its domiciliary jurisdiction.
  394-1        (j)  Disclaimer.  Any person may file with the commissioner a
  394-2  disclaimer of affiliation with any authorized insurer or such a
  394-3  disclaimer may be filed by such insurer or any member of an
  394-4  insurance holding company system.  The disclaimer shall fully
  394-5  disclose all material relationships and bases for affiliation
  394-6  between such person and such insurer as well as the basis for
  394-7  disclaiming such affiliation.  After a disclaimer has been filed,
  394-8  the insurer shall be relieved of any duty to register or report
  394-9  under this section which may arise out of the insurer's
 394-10  relationship with such person unless and until the commissioner
 394-11  disallows such a disclaimer.  Unless disallowed by the
 394-12  commissioner, a <A> disclaimer filed under this subsection relieves
 394-13  <does not relieve> a person of the duty to comply with the
 394-14  requirements of Sections 5(a) through (c) of this article.  The
 394-15  commissioner shall disallow such a disclaimer only after furnishing
 394-16  all parties in interest with notice and opportunity to be heard and
 394-17  after making specific findings of fact to support such
 394-18  disallowance.
 394-19        SECTION 20.10.  Section 5(e), Article 21.49-1, Insurance
 394-20  Code, is amended to read as follows:
 394-21        (e)  Exemptions.  The provisions of this section shall not
 394-22  apply to:
 394-23              (1)  any acquisition by a person who is a broker-dealer
 394-24  under state or federal securities laws of any voting security
 394-25  which, immediately prior to consummation of such acquisition, was
 394-26  not issued and outstanding and which acquisition is solely for
 394-27  resale under a plan approved by the commissioner that will not
  395-1  reasonably result in an acquisition of control on resale and where
  395-2  during the period prior to resale no actual positive act of control
  395-3  by virtue of those shares is committed;
  395-4              (2)  any transaction which is subject to the provisions
  395-5  of:  (i) Article 21.25, Sections 1 through 5, of this code, dealing
  395-6  with the merger or consolidation of two or more insurers and
  395-7  complying with the terms of such article until the plan of merger
  395-8  or consolidation has been filed by the domestic insurer with the
  395-9  Commissioner of Insurance in accordance with such Article 21.25.
 395-10  After the filing of such plan of merger or consolidation the
 395-11  transaction shall be subject to the approval provisions of
 395-12  Subsection (c) of Section 5 of this article, but the Commissioner
 395-13  may exempt such transaction from any or all of the other provisions
 395-14  and requirements of Section 5 of this article if the commissioner
 395-15  finds that the notice, proxy statement, and other materials
 395-16  furnished to shareholders and security holders in connection with
 395-17  such merger or consolidation contained reasonable and adequate
 395-18  factual and financial disclosure, material and information relating
 395-19  to such transaction, (ii) Article 11.20 of this code, (iii) Article
 395-20  11.21 of this code, (iv) Article 14.13 of this code, (v) Article
 395-21  14.61 of this code, (vi) Article 14.63 of this code, (vii) Article
 395-22  21.26 of this code, provided that the requirements of said article
 395-23  are fully complied with, <and> (viii) Article 22.15 of this code,
 395-24  provided that the requirements of said article are fully complied
 395-25  with, and (ix) Article 22.19 of this code, provided that the
 395-26  reinsurance is a total direct reinsurance agreement;
 395-27              (3)  any offer, request, invitation, agreement, or
  396-1  acquisition which the commissioner by order shall exempt therefrom
  396-2  as (i) not having been made or entered into for the purpose and not
  396-3  having the effect of changing or influencing the control of a
  396-4  domestic insurer, or (ii) as otherwise not comprehended within the
  396-5  purposes of this section;
  396-6              (4)  any acquisition of a voting security of a domestic
  396-7  insurer by a person in control of such domestic insurer if, after
  396-8  such acquisition, such person, directly or indirectly, owns or
  396-9  controls less than 50 percent of the then issued and outstanding
 396-10  voting securities of such domestic insurer;
 396-11              (5)  any acquisition of a voting security of a domestic
 396-12  insurer by a person that, directly or indirectly, owns or controls
 396-13  as much as 10 percent but less than 50 percent of the then issued
 396-14  and outstanding voting securities of such domestic insurer, and
 396-15  such person would, after such acquisition, directly or indirectly,
 396-16  own or control 50 percent or more of the then issued and
 396-17  outstanding voting securities of such domestic insurer, provided
 396-18  such person has made written application for such exemption and the
 396-19  commissioner by order has determined that such acquisition will not
 396-20  jeopardize the financial stability of the domestic insurer,
 396-21  prejudice the interests of its policyholders, or adversely affect
 396-22  the public interest; or
 396-23              (6)  any acquisition of a voting security of a domestic
 396-24  insurer by a person that, prior thereto, directly or indirectly,
 396-25  owns or controls more than 50 percent of the then issued and
 396-26  outstanding voting securities of such domestic insurer.
 396-27        SECTION 20.11.  Article 21.49-2A(b), Insurance Code, is
  397-1  amended to read as follows:
  397-2        (b)  Except as provided by Section (c) of this article, an
  397-3  insurer may not cancel:
  397-4              (1)  a policy of liability insurance that is a renewal
  397-5  or continuation policy; or
  397-6              (2)  a policy of liability insurance that is in its
  397-7  initial policy period after the 60th day following the date on
  397-8  which the policy was issued.
  397-9        SECTION 20.12.  Section 7(d), Article 21.49-2B, Insurance
 397-10  Code, is amended to read as follows:
 397-11        (d)  An insurer may <shall> notify an insured who has filed
 397-12  two claims in a period of less than three years that the insurer
 397-13  may decline to renew the policy if the insured files a third claim
 397-14  during the three-year period.  If the insurer does not notify the
 397-15  insured in accordance with this subsection, the insurer may not
 397-16  refuse to renew the policy because of losses.  The notice form must
 397-17  list the policyholder's claims and contain the sentence:  "Another
 397-18  non-weather related loss could cause us to refuse to renew your
 397-19  policy."  <The notice must be in a form approved by the board.>
 397-20        SECTION 20.13.  Section 2(g), Article 22.13, Insurance Code,
 397-21  is amended to read as follows:
 397-22        (g)  If a stipulated premium company ceases to write new
 397-23  health, accident, sickness, or hospitalization policies, or any
 397-24  combination of those policies, in an amount in excess of $10,000
 397-25  for any one risk, and so notifies the commissioner, the
 397-26  requirements imposed under Subsection (d) of this section relating
 397-27  to increase of minimum capital shall be suspended until the date on
  398-1  which the stipulated premium company resumes writing those health,
  398-2  accident, sickness, or hospitalization policies, and upon such
  398-3  resumption of writing of such policies, the stipulated premium
  398-4  company shall be required to increase its capital to the amount
  398-5  required by Subsection (d) as of the date of such resumption of
  398-6  such policy writings.  For purposes of this subsection, renewal of
  398-7  a policy is not the writing of a new health, accident, sickness, or
  398-8  hospitalization policy.
  398-9        SECTION 20.14.  Article 23.01, Insurance Code, is amended to
 398-10  read as follows:
 398-11        Art. 23.01.  Incorporation; Definitions.  (a)  Any seven or
 398-12  more persons on application to the secretary of state for a
 398-13  corporate charter under the Texas Non-Profit Corporation Act as a
 398-14  nonmembership corporation may be incorporated for the sole purpose
 398-15  of establishing, maintaining, and operating non-profit legal
 398-16  service plans, whereby legal services may be provided by such
 398-17  corporation through contracting attorneys as is hereinafter
 398-18  provided.
 398-19        (b)  As used in this chapter, the following words, unless the
 398-20  context of their use clearly indicates otherwise, shall have the
 398-21  following meanings:
 398-22              (1)  "Attorney" means a person  <currently> licensed
 398-23  <by the Supreme Court of Texas> to practice law in the jurisdiction
 398-24  in which the legal services are to be provided.
 398-25              (2)  "Applicant" means a person applying for a legal
 398-26  services contract for performance of legal services through a
 398-27  corporation qualified under this chapter.
  399-1              (3)  "Benefit certificate" means a writing setting
  399-2  forth the benefits and other required matters issued to a
  399-3  participant under a group contract for legal services and also an
  399-4  individual contract for legal services issued to a participant.
  399-5              (4)  "Contracting attorney" means an attorney who has
  399-6  entered into the contract provided by Article 23.11 of this code.
  399-7              (5)  "Participant" means the person entitled to
  399-8  performance of legal services under contract with a corporation
  399-9  qualified under this chapter.
 399-10              (6)  "State Board of Insurance" means all of the
 399-11  insurance regulatory officials whose duties and functions are
 399-12  designated by the Insurance Code of Texas as such now exists or may
 399-13  be amended in the future.  Any duty stated by this chapter to be
 399-14  performed by or to be placed on the State Board of Insurance is
 399-15  placed upon and is to be performed by the insurance regulatory
 399-16  official or group of officials on whom similar duties are placed or
 399-17  to be performed for insurers or the business of insurance by the
 399-18  Insurance Code.  The multimember insurance regulatory body
 399-19  designated by the Insurance Code as the uniform insurance
 399-20  rule-making authority is authorized to enact rules designating the
 399-21  proper insurance regulatory official to perform any duty placed by
 399-22  this chapter on the insurance regulatory officials where such duty
 399-23  is not similar to duties otherwise performed by a specific official
 399-24  or group of such officials.
 399-25        SECTION 20.15.  Article 23.22, Insurance Code, is amended to
 399-26  read as follows:
 399-27        Art. 23.22.  Complaints.  The State Board of Insurance shall
  400-1  refer a complaint <any complaints> received by it concerning the
  400-2  performance of an <any> attorney licensed in this state who is
  400-3  connected with a <any> corporation complying with this chapter to
  400-4  the Supreme Court of the State of Texas or to any person designated
  400-5  by the Supreme Court to receive attorney grievances from the
  400-6  public.  The board shall refer a complaint regarding an attorney
  400-7  licensed in another jurisdiction who is connected with a
  400-8  corporation complying with this chapter to the appropriate
  400-9  licensing agency of the other jurisdiction.
 400-10        SECTION 20.16.  Article 1.24, Insurance Code, is amended to
 400-11  read as follows:
 400-12        Art. 1.24.  To Make Inquiries.  The Board is authorized to
 400-13  address any reasonable inquiries to any insurance company or
 400-14  insurance agent, or to the holder of any permit, certificate of
 400-15  registration, or other authorization issued or existing under the
 400-16  authority or authorization of this code, in relation to the
 400-17  company's, agent's, or holder's business condition, or any matter
 400-18  connected with its transactions which the Board may deem necessary
 400-19  for the public good or for a proper discharge of its duties.  It
 400-20  shall be the duty of the addressee to <promptly> answer such
 400-21  inquiries in writing not later than the 10th day after the date the
 400-22  request is received.  A response made under this article that is
 400-23  otherwise privileged or confidential by law remains privileged or
 400-24  confidential unless and until introduced into evidence at an
 400-25  administrative hearing or in a court of competent jurisdiction.
 400-26        SECTION 20.17.  Section 1(a), Article 21.21, Insurance Code,
 400-27  is amended to read as follows:
  401-1        (a)  The purpose of this Act is to regulate trade practices
  401-2  in the business of insurance <in accordance with the intent of
  401-3  Congress as expressed in the Act of Congress of March 9, 1945
  401-4  (Public Law 15, 79th Congress),> by defining, or providing for the
  401-5  determination of, all such practices in this state which constitute
  401-6  unfair methods of competition or unfair or deceptive acts or
  401-7  practices and by prohibiting the trade practices so defined or
  401-8  determined.
  401-9        SECTION 20.18.  Section 1A, Article 21.50, Insurance Code, is
 401-10  amended to read as follows:
 401-11        Sec. 1A.  POLICY FORMS; RATES AND RATE INFORMATION; FILING
 401-12  REQUIREMENTS.  (a)  The procedures as set forth herein shall govern
 401-13  mortgage guaranty insurance as defined in this article but shall
 401-14  not affect any other of the provisions of this code.
 401-15        (b)  All policy forms, related forms, classifications, and
 401-16  rules used by a mortgage guaranty insurer in this state shall be
 401-17  exempt from approval by the board, but all such policy forms,
 401-18  related forms, classifications, and rules which are to be used in
 401-19  this state, except those filed under Subsection (l), shall be filed
 401-20  with the board at least 15 days before they are to become
 401-21  effective.  The board may, after a hearing held on not less than 20
 401-22  days' notice, specifying the matters  to be considered at such
 401-23  hearing, to every insurer which made such filing, and upon finding
 401-24  that such filing is no longer in the best interest of the public of
 401-25  this state, issue an order suspending such exemption as to any or
 401-26  all insurers which made such filings and ordering such insurers to
 401-27  cease and desist from the use of such policy forms, related forms,
  402-1  classifications, and rules as the board may specify in its order.
  402-2  <A mortgage guaranty insurer shall not issue or use policy forms
  402-3  or related forms in this state until such forms are filed and
  402-4  approved by the board.  As soon as reasonably possible after the
  402-5  filing has been made, the board shall approve or disapprove the
  402-6  same; provided, however, that any filing shall be deemed approved
  402-7  unless disapproved within 30 days; provided further, that the board
  402-8  may by official order postpone action for such further time not
  402-9  exceeding 30 days as it deems necessary for proper consideration.
 402-10  The board shall approve uniform policy forms, related forms,
 402-11  classifications, and rules for all lines and types of insurance
 402-12  applicable to the various risks under this article except as
 402-13  provided in Subsection (k) hereof.>
 402-14        (c)  No policy of mortgage guaranty insurance shall contain a
 402-15  provision which allows subrogation rights or any other claim by the
 402-16  insurer against the borrower for a deficiency arising from a
 402-17  foreclosure sale of a single-family dwelling occupied by the
 402-18  borrower as the principal residence of the borrower.  The
 402-19  commissioner <board> shall disapprove any such form if:
 402-20              (1)  It is in any respect in violation of or does not
 402-21  comply with this code or rules adopted by the commissioner.
 402-22              (2)  It contains provisions which encourage
 402-23  misrepresentation or are unjust, unfair, inequitable, misleading,
 402-24  deceptive, or contrary to law or to the public policy of this
 402-25  state.
 402-26        (d)  The commissioner may, after notice and hearing, adopt
 402-27  reasonable rules relating to the minimum standards for coverage
  403-1  under such policy forms consistent with the purpose of this article
  403-2  and the public policy of this state.
  403-3        (e) <(d)>  The board may, after notice and hearing, adopt
  403-4  reasonable rules and amendments to rules that are necessary for it
  403-5  to establish guidelines, procedures, methods, standards, and
  403-6  criteria by which the various and different types of forms and
  403-7  documents submitted to the board are to be reviewed and acted on by
  403-8  the board.
  403-9        (f) <(e)>  A mortgage guaranty insurer shall file with the
 403-10  board all rates and supplementary rate information and all changes
 403-11  and amendments thereto which are to be used in this state at least
 403-12  15 days before they are to become effective.  Rates, rating plans,
 403-13  and charges shall not be excessive, inadequate, or unfairly
 403-14  discriminatory and shall be reasonable with respect to the benefits
 403-15  provided.
 403-16        (g) <(f)>  On any filing of rates or changes and amendments
 403-17  to these rates, the insurer shall file adequate supporting data,
 403-18  including:
 403-19              (1)  information on past and prospective loss
 403-20  experience within and outside the state, on catastrophe hazards, on
 403-21  expenses of operation, on a reasonable margin for profit and
 403-22  contingencies;
 403-23              (2)  an explanation of the filer's interpretation of
 403-24  any statistical data relied on by it;
 403-25              (3)  an explanation and description of the methods used
 403-26  in making the rates;
 403-27              (4)  certification by an appropriate official of the
  404-1  insurer relating to the appropriateness of the charges, rates or
  404-2  rating plans based on reasonable assumptions and accompanied by
  404-3  adequate supporting information.
  404-4        (h) <(g)>  The board may establish requirements for data and
  404-5  information to be filed under this article.
  404-6        (i) <(h)>  The board shall, after due consideration,
  404-7  promulgate reasonable rules and statistical plans which may be
  404-8  modified from time to time and which shall be used thereafter by
  404-9  each insurer in the recording and reporting of its loss experience
 404-10  and such other data as may be required, in order that the total
 404-11  loss and expense experience of all insurers may be made available
 404-12  in such form and detail as may be deemed necessary by the board.
 404-13        (j) <(i)>  Nothing in this Act shall be considered as
 404-14  compelling the State Board of Insurance to establish standard and
 404-15  absolute rates and the board is specifically authorized, in its
 404-16  discretion, to accept different rates for different insurers for
 404-17  the same risk or risks on the types of insurance covered by this
 404-18  article; nor shall this article be construed as to require the
 404-19  board to establish a single and uniform rate for each risk or risks
 404-20  or to compel all insurers to adhere to such rates previously filed
 404-21  by other insurers; and the board is empowered to accept such
 404-22  different rates for different insurers as filed by any qualified
 404-23  insurer unless it finds that such filing does not meet the
 404-24  requirements of this article.
 404-25        (k) <(j)>  If at any time the board finds that a policy form
 404-26  or rate filing no longer meets the requirements of this code, it
 404-27  may, after a hearing held on not less than 20 days' notice,
  405-1  specifying the matters to be considered at such hearing, to every
  405-2  insurer which made such filing, issue an order withdrawing its
  405-3  approval thereof.  Said order shall specify in what respects the
  405-4  board finds that such filing no longer meets the requirements of
  405-5  this code and shall be effective not less than 30 days after its
  405-6  issuance.
  405-7        (l) <(k)>  Policies providing coverage for a pool or group of
  405-8  loans in connection with the issuance of mortgage-backed securities
  405-9  or bonds shall be exempt from approval by the board under
 405-10  Subsection (b) of this section, but all such policy forms, related
 405-11  forms, classifications, and rules which are to be used in this
 405-12  state shall be filed with the board at least 15 days after <before>
 405-13  they are to become effective.  Mortgage guaranty insurers are
 405-14  prohibited from discrimination in the issuance or extension of
 405-15  mortgage guaranty insurance on the basis of the applicant's sex,
 405-16  marital status, race, color, creed, national origin, disability,
 405-17  age, or solely on the geographic location of the property unless
 405-18  (1)  the discrimination related to geographic location of the
 405-19  property is for a business purpose that is not a mere pretext for
 405-20  unfair discrimination; or (2)  the refusal, cancellation, or
 405-21  limitation is required by law or regulatory mandate.  <The board
 405-22  may, after a hearing held on not less than 20 days' notice,
 405-23  specifying the matters to be considered at such hearing, to every
 405-24  insurer which made such filing, and upon finding that such filing
 405-25  is no longer in the best interest of the public of this state,
 405-26  issue an order suspending such exemption as to any or all insurers
 405-27  which made such filings and ordering such insurers to cease and
  406-1  desist from the use of such policy forms, related forms,
  406-2  classifications, and rules as the board may specify in its order.>
  406-3        SECTION 20.19.  The heading to Article 21.22, Insurance Code,
  406-4  is amended to read as follows:
  406-5        Art. 21.22.  UNLIMITED EXEMPTION OF INSURANCE BENEFITS AND
  406-6  CERTAIN ANNUITY PROCEEDS FROM SEIZURE UNDER PROCESS
  406-7        SECTION 20.20.  Article 21.22, Insurance Code, is amended by
  406-8  amending Sections 1, 4, and 5 and adding Section 6 to read as
  406-9  follows:
 406-10        Sec. 1.  Notwithstanding any provision of this code other
 406-11  than this article, all money or benefits of any kind, including
 406-12  policy proceeds and cash values, to be paid or rendered to the
 406-13  insured or any beneficiary under any policy of insurance or annuity
 406-14  contract issued by a  life, health or accident insurance company,
 406-15  including mutual and fraternal insurance, or under any plan or
 406-16  program of annuities and benefits in use by any employer or
 406-17  individual, shall:
 406-18              (1)  inure exclusively to the benefit of the person for
 406-19  whose use and benefit the insurance or annuity is designated in the
 406-20  policy or contract;
 406-21              (2)  be fully exempt from execution, attachment,
 406-22  garnishment or other process;
 406-23              (3)  be fully exempt from being seized, taken or
 406-24  appropriated or applied by any legal or equitable process or
 406-25  operation of law to pay any debt or liability of the insured or of
 406-26  any beneficiary, either before or after said money or benefits is
 406-27  or are paid or rendered; and
  407-1              (4)  be fully exempt from all demands in any bankruptcy
  407-2  proceeding of the insured or beneficiary.
  407-3        Sec. 4.  This article does not prevent the proper assignment
  407-4  of any money or benefits to be paid or rendered under an insurance
  407-5  policy or annuity contract to which this article applies, or any
  407-6  rights under the policy or contract, by the insured, <or> owner, or
  407-7  annuitant in accordance with the terms of the policy or contract.
  407-8        Sec. 5.  Wherever any policy of insurance, annuity contract,
  407-9  or plan or program of annuities and benefits mentioned in Section 1
 407-10  of this article shall contain a provision against assignment or
 407-11  commutation by any beneficiary thereunder of the money or benefits
 407-12  to be paid or rendered thereunder, or any rights therein, any
 407-13  assignment or commutation or any attempted assignment or
 407-14  commutation by such beneficiary of such money or benefits or rights
 407-15  in violation of such provision shall be wholly void.
 407-16        Sec. 6.  For purposes of regulation under this code, an
 407-17  annuity contract issued by a life, health, or accident insurance
 407-18  company, including a mutual company or fraternal company, or under
 407-19  any plan or program of annuities or benefits in use by an employer
 407-20  or individual, shall be considered a policy or contract of
 407-21  insurance.
 407-22        SECTION 20.21.  Subchapter G, Chapter 3, Insurance Code, is
 407-23  amended by adding Article 3.70-13 to read as follows:
 407-24        Art. 3.70-13.  CERTAIN POLICIES CONTINUOUS.  A guaranteed
 407-25  renewable policy or a noncancellable policy shall be deemed to be a
 407-26  continuous policy, subject only to the terms and conditions
 407-27  thereof, including payment of policy premiums, and such policies
  408-1  shall be considered to be continued in force by the payment of the
  408-2  policy premium in accordance with the policy terms and conditions,
  408-3  and such policies shall not be deemed or treated as renewed
  408-4  policies by the payment of such contracted policy premiums.  This
  408-5  article does not apply to a health benefit plan adopted in
  408-6  accordance with Chapter 26 of this code, as added by H.B. No. 2055,
  408-7  Acts of the 73rd Legislature, Regular Session, 1993.
  408-8        SECTION 20.22.  Article 1.33, Insurance Code, is amended by
  408-9  adding Section (e) to read as follows:
 408-10        (e)  Without limiting the authority granted by the other
 408-11  sections of this article, the commissioner may, upon written
 408-12  agreement or stipulation of all parties and any intervenor, in the
 408-13  commissioner's sole discretion:  (i) waive or modify the
 408-14  publication of notice required by Articles 2.01, 2.03, 3.04, 3.05,
 408-15  22.03, and 22.04 of this code, and (ii) informally dispose of any
 408-16  contested case as provided by Section 13(e), Administrative
 408-17  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
 408-18  Civil Statutes), or any subsequent amendment thereto,
 408-19  notwithstanding any provision of this code which would otherwise
 408-20  require a hearing before the commissioner.
 408-21        SECTION 20.23.  Subchapter C, Chapter 5, Insurance Code, is
 408-22  amended by adding Article 5.35-2 to read as follows:
 408-23        Art. 5.35-2.  COVERAGE FOR REAL PROPERTY FOUNDATIONS.  The
 408-24  commissioner shall adopt an endorsement form that excludes coverage
 408-25  for damage to foundations or slabs of the insured dwelling, other
 408-26  than loss caused by fire, lightning, smoke, windstorm, hurricane,
 408-27  hail, explosion, aircraft, vehicles, vandalism, malicious mischief,
  409-1  riot, civil commotion, and falling objects, from a homeowner's,
  409-2  farm and ranch owner's, or fire insurance policy promulgated under
  409-3  Article 5.35 of this code.  An insurer may attach this endorsement
  409-4  only if the insured dwelling is more than 10 years old.
  409-5        SECTION 20.24.  Article 21.46, Insurance Code, is amended to
  409-6  read as follows:
  409-7        Art. 21.46.  A.  Whenever by the laws of any other state or
  409-8  territory of the United States any taxes, including income and
  409-9  corporate franchise, licenses, fees, fines, penalties, deposit
 409-10  requirements or other obligations, prohibitions or restrictions are
 409-11  imposed upon any insurance company organized in this State and
 409-12  licensed and actually doing business in such other state or
 409-13  territory which, in the aggregate are in excess of the aggregate of
 409-14  the taxes, including income and corporate franchise, licenses,
 409-15  fees, fines, penalties, deposit requirements or other obligations,
 409-16  prohibitions or restrictions directly imposed upon a similar
 409-17  insurance company of such other state or territory doing business
 409-18  in this State, the State Board of Insurance shall impose upon any
 409-19  similar company of such state or territory in the same manner and
 409-20  for the same purpose, the same taxes, licenses, fees, fines,
 409-21  penalties, deposit requirements or other obligations, prohibitions
 409-22  or restrictions; provided, however, the aggregate of taxes,
 409-23  licenses, fees, fines, penalties or other obligations imposed by
 409-24  this State pursuant to this Article on an insurance company of
 409-25  another state or territory shall not exceed the aggregate of such
 409-26  charges imposed by such other state or territory on a similar
 409-27  insurance company of this State actually licensed and doing
  410-1  business therein; provided, further, that wherever under any law of
  410-2  this State the basic rate of taxation of any insurance company of
  410-3  another state or territory is reduced if any such insurance company
  410-4  has made investments in Texas securities then in computing the
  410-5  aggregate Texas premium tax burdens of any such insurance company
  410-6  of any other state or territory each shall for purposes of
  410-7  comparison with the premium tax laws of its home state be
  410-8  considered to have assumed and paid an aggregate premium tax burden
  410-9  equal to the basic rate; provided, further, that for the purpose of
 410-10  this Section, an alien insurer shall be deemed a company of the
 410-11  State designated by it wherein it has
 410-12              (a)  established its principal office or agency in the
 410-13  United States, or
 410-14              (b)  maintains the largest amount of its assets held in
 410-15  trust or on deposit for the security of its policyholders or
 410-16  policyholders and creditors in the United States, or
 410-17              (c)  in which it was admitted to do business in the
 410-18  United States.
 410-19        Licenses and fees collected by the State Board of Insurance
 410-20  under this Article shall be deposited in the State Treasury to the
 410-21  credit of the general revenue fund.
 410-22        The provisions of this Section shall not apply to ad valorem
 410-23  taxes on real or personal property or to personal income taxes.
 410-24        The provisions of this Act shall not apply to a company of
 410-25  any other state doing business in this State if fifteen per cent
 410-26  (15%) or more of the voting stock of said company is owned by a
 410-27  corporation organized under the laws of this State, and domiciled
  411-1  in this State; however, the prior provisions of this Act shall
  411-2  apply without exception to any and all person or persons, company
  411-3  or companies, firm or firms, association or associations, group or
  411-4  groups, corporation or corporations, or any insurance organization
  411-5  or organizations of any kind, which did not qualify as a matter of
  411-6  fact, under the exception of this paragraph, on or before January
  411-7  29, 1957.
  411-8        B.  Should the insurance department, commissioner, director,
  411-9  or other similar insurance regulatory official of any other state
 411-10  or territory of the United States impose any sanctions, fines,
 411-11  penalties, financial or deposit requirements, prohibitions,
 411-12  restrictions, regulatory requirements, or other obligations of any
 411-13  kind upon any insurance company organized or chartered in this
 411-14  state and licensed to transact business in such other state or
 411-15  territory, because of the failure of the Texas Department of
 411-16  Insurance to obtain, maintain, or receive accreditation
 411-17  certification or any similar form of approval, compliance, or
 411-18  acceptance from, by, or as a member of the National Association of
 411-19  Insurance Commissioners, or any committee, task force, working
 411-20  group, or advisory committee thereof, or because of the failure of
 411-21  the Texas Department of Insurance to comply with any directive,
 411-22  financial annual statement requirement, model act or regulation,
 411-23  market conduct or financial examination report or requirement, or
 411-24  any report of any kind of the National Association of Insurance
 411-25  Commissioners, or any committee, task force, working group, or
 411-26  advisory committee thereof, the Texas Department of Insurance
 411-27  shall, without exception or exclusion, impose upon any and all
  412-1  insurance companies organized or chartered in such other state or
  412-2  territory and licensed to do business in this state the same
  412-3  sanctions, fines, penalties, deposit requirements, prohibitions,
  412-4  restrictions, or other obligations imposed upon the insurance
  412-5  company of this state.
  412-6        SECTION 20.25.  (a)  The changes in law made to Articles
  412-7  23.01 and 23.22, Insurance Code, by this article apply only to a
  412-8  contract entered into or renewed by a nonprofit legal services
  412-9  corporation on or after January 1, 1994.  A contract that is
 412-10  entered into or renewed before January 1, 1994, is governed by the
 412-11  law as it existed immediately before the effective date of this
 412-12  Act, and that law is continued in effect for that purpose.
 412-13        (b)  This article applies only to an insurance policy that is
 412-14  delivered, issued for delivery, or renewed on or after January 1,
 412-15  1994.  A policy that is delivered, issued for delivery, or renewed
 412-16  before January 1, 1994, is governed by the law as it existed
 412-17  immediately before the effective date of this Act, and that law is
 412-18  continued in effect for that purpose.
 412-19        (c)  The change in law made by this Act to Article 21.22,
 412-20  Insurance Code, applies to money or benefits to be paid or rendered
 412-21  to an insured or a beneficiary under an insurance policy or annuity
 412-22  contract issued by a life, health, or accident insurance company
 412-23  without regard to whether the policy or contract was issued or
 412-24  entered into before, on, or after the effective date of this Act.
 412-25        (d)  The change in law made by Section 20.06 of this article
 412-26  to Section 4, Article 4.10, Insurance Code, applies only to crop
 412-27  insurance premiums written by a farm mutual insurance company on or
  413-1  after January 1, 1994, and the current law shall otherwise continue
  413-2  in effect.
  413-3        (e)  The change in law made by Section 20.07 of this article
  413-4  applies only to an agent selling crop insurance for a farm mutual
  413-5  insurance company and the current law shall otherwise continue in
  413-6  effect.
  413-7        SECTION 20.26.  (a)  Section 4.04, Article 5.76-2, Insurance
  413-8  Code, is amended by adding Subsection (q) to read as follows:
  413-9        (q)  The pass-through allowances authorized in Subsections
 413-10  (d) and (e) hereof shall be deemed exclusive subsequent to the
 413-11  effective date of this article, but other methods utilized prior to
 413-12  such effective date shall be deemed valid if consistent with the
 413-13  purpose of this article and if the premium resulting from their use
 413-14  is less than the premium which would have been charged for a
 413-15  similarly rated risk in the Rejected Risk Fund.
 413-16        (b)  The validation made by this amendment shall govern any
 413-17  civil or regulatory proceeding except a civil proceeding pending in
 413-18  a court of competent jurisdiction on May 1, 1993, including civil
 413-19  proceedings filed on or before May 1, 1993, which are seeking class
 413-20  action status, whether or not the plaintiff or defendant classes
 413-21  have been certified.
 413-22              ARTICLE 21.  CONTINUATION AND FUNCTIONS OF
 413-23                  OFFICE OF PUBLIC INSURANCE COUNSEL
 413-24        SECTION 21.01.  Article 1.35A, Insurance Code, is amended to
 413-25  read as follows:
 413-26        Art. 1.35A.  Office of Public Insurance Counsel<.>
 413-27        Sec. 1.  CREATION; PURPOSE.  <(a)>  The independent office of
  414-1  public insurance counsel is created to represent the interests of
  414-2  insurance consumers in Texas.
  414-3        Sec. 2.  APPOINTMENT, QUALIFICATIONS, AND REMOVAL OF PUBLIC
  414-4  COUNSEL.  (a) <(b)>  The governor with the advice and consent of
  414-5  the senate shall appoint a public counsel who shall serve as the
  414-6  executive director of the office of public insurance counsel.
  414-7        (b) <(c)>  To be eligible to serve as public counsel for the
  414-8  office of public insurance counsel, a person must be a resident of
  414-9  Texas and be licensed <eligible> to practice law in Texas.  The
 414-10  public counsel shall be a person who has demonstrated a strong
 414-11  commitment and involvement in efforts to safeguard the rights of
 414-12  the public and who possesses the knowledge and experience necessary
 414-13  to practice effectively in insurance proceedings.
 414-14        (c)  A person is not eligible for appointment as public
 414-15  counsel if the person or the person's spouse:
 414-16              (1)  is employed by or participates in the management
 414-17  of a business entity or other organization regulated by the
 414-18  department or receiving funds from the department;
 414-19              (2)  owns or controls, directly or indirectly, more
 414-20  than a 10 percent interest in a business entity or other
 414-21  organization regulated by the department or receiving funds from
 414-22  the department or the office of public insurance counsel; or
 414-23              (3)  uses or receives a substantial amount of tangible
 414-24  goods, services, or funds from the department or the office of
 414-25  public insurance counsel, other than compensation or reimbursement
 414-26  authorized by law for department or office of public insurance
 414-27  counsel membership, attendance, or expenses.
  415-1        (d)  Appointment of the public counsel shall be made without
  415-2  regard to the race, color, handicap, sex, religion, age, or
  415-3  national origin of the appointee.
  415-4        (e) <(d)>  The public counsel shall serve for a term of two
  415-5  years expiring on February 1 of each odd-numbered year.
  415-6        (f)  It is a ground for removal from office if the public
  415-7  counsel:
  415-8              (1)  does not have at the time of appointment the
  415-9  qualifications required by Subsection (b) of this section;
 415-10              (2)  does not maintain during service as public counsel
 415-11  the qualifications required by Subsection (b) of this section;
 415-12              (3)  violates a prohibition established by Subsection
 415-13  (c) of this section or Section 4 of this article; or
 415-14              (4)  cannot discharge the public counsel's duties for a
 415-15  substantial part of the term for which the public counsel is
 415-16  appointed because of illness or disability.
 415-17        (g)  The validity of an action of the office of public
 415-18  insurance counsel is not affected by the fact that it is taken when
 415-19  a ground for removal of the public counsel exists.
 415-20        Sec. 3.  ADMINISTRATION.  (a) <(e)>  The public counsel, as
 415-21  executive director of the office of public insurance counsel, shall
 415-22  be charged with the responsibility of administering, enforcing, and
 415-23  carrying out the provisions of this article, including preparation
 415-24  and submission to the legislature of a budget for the office,
 415-25  employing all necessary professional, technical, and other
 415-26  employees to carry out the provisions of this article, approval of
 415-27  expenditures for professional services, travel, per diem, and other
  416-1  actual and necessary expenses incurred in administering the office.
  416-2  Expenses for the office shall be paid from the assessment imposed
  416-3  in Article 1.35B of this chapter.  The compensation for employees
  416-4  of the office of public insurance counsel shall be fixed by the
  416-5  legislature as provided by the General Appropriations Act.
  416-6        (b)  The office of public insurance counsel shall file
  416-7  annually with the governor and the presiding officer of each house
  416-8  of the legislature a complete and detailed written report
  416-9  accounting for all funds received and disbursed by the office of
 416-10  public insurance counsel during the preceding fiscal year.  The
 416-11  annual report must be in the form and reported in the time provided
 416-12  by the General Appropriations Act.
 416-13        (c)  All money paid to the office of public insurance counsel
 416-14  under this article shall be deposited in the state treasury.
 416-15        (d)  The public counsel or the public counsel's designee
 416-16  shall prepare and maintain a written policy statement to ensure
 416-17  implementation of a program of equal employment opportunity under
 416-18  which all personnel transactions are made without regard to race,
 416-19  color, disability, sex, religion, age, or national origin.  The
 416-20  policy statement must include:
 416-21              (1)  personnel policies, including policies relating to
 416-22  recruitment, evaluation, selection, appointment, training, and
 416-23  promotion of personnel that are in compliance with the Texas
 416-24  Commission on Human Rights Act (Article 5221k, Vernon's Texas Civil
 416-25  Statutes) and its subsequent amendments;
 416-26              (2)  a comprehensive analysis of the office of public
 416-27  insurance counsel work force that meets federal and state
  417-1  guidelines;
  417-2              (3)  procedures by which a determination can be made of
  417-3  significant underuse in the office of public insurance counsel work
  417-4  force of all persons for whom federal or state guidelines encourage
  417-5  a more equitable balance; and
  417-6              (4)  reasonable methods to appropriately address those
  417-7  areas of significant underuse.
  417-8        (e)  A policy statement prepared under Subsection (d) of this
  417-9  section must cover an annual period, be updated at least annually
 417-10  and reviewed by the Commission on Human Rights for compliance with
 417-11  Subsection (d)(1) of this section, and be filed with the governor's
 417-12  office.
 417-13        (f)  The governor's office shall deliver a biennial report to
 417-14  the legislature based on the information received under Subsection
 417-15  (e) of this section.  The report may be made separately or as a
 417-16  part of other biennial reports made to the legislature.
 417-17        (g)  The public counsel or the public counsel's designee
 417-18  shall develop an intra-agency career ladder program.  The program
 417-19  shall require intra-agency posting of all nonentry level positions
 417-20  concurrently with any public posting.
 417-21        (h)  The public counsel or the public counsel's designee
 417-22  shall develop a system of annual performance evaluations.  All
 417-23  merit pay for office of public insurance counsel employees must be
 417-24  based on the system established under this subsection.
 417-25        (i)  The office of public insurance counsel shall provide to
 417-26  its public counsel and employees, as often as necessary,
 417-27  information regarding their qualification for office or employment
  418-1  under this article and their responsibilities under applicable laws
  418-2  relating to standards of conduct for state officers or employees.
  418-3        Sec. 4.  CONFLICT OF INTEREST.  (a)  A person may not serve
  418-4  as the public counsel or act as the general counsel for the office
  418-5  of public insurance counsel if the person is required to register
  418-6  as a lobbyist under Chapter 305, Government Code, because of the
  418-7  person's activities for compensation related to the operation of
  418-8  the department or the office of public insurance counsel.
  418-9        (b) <(f)>  A person serving as the public counsel may not,
 418-10  for a period of two years after the date the person ceases to be
 418-11  public counsel, represent any person in a proceeding before the
 418-12  board or receive compensation for services rendered on behalf of
 418-13  any person regarding a case pending before the rate board,
 418-14  commissioner, or department <board>.
 418-15        (c)  An officer, employee, or paid consultant of a trade
 418-16  association in the field of insurance may not serve as the public
 418-17  counsel or be an employee of the office of public insurance counsel
 418-18  who is exempt from the state's position classification plan or is
 418-19  compensated at or above the amount prescribed by the General
 418-20  Appropriations Act for step 1, salary group 17, of the position
 418-21  classification salary schedule.
 418-22        (d)  A person who is the spouse of an officer, manager, or
 418-23  paid consultant of a trade association in the field of insurance
 418-24  may not serve as the public counsel and may not be an office of
 418-25  public insurance counsel employee who is exempt from the state's
 418-26  position classification plan or is compensated at or above the
 418-27  amount prescribed by the General Appropriations Act for step 1,
  419-1  salary group 17, of the position classification salary schedule.
  419-2        (e)  For purposes of this section, a trade association is a
  419-3  nonprofit, cooperative, and voluntarily joined association of
  419-4  business or professional competitors designed to assist its members
  419-5  and its industry or profession in dealing with mutual business or
  419-6  professional problems and in promoting their common interest.
  419-7        Sec. 5.  POWERS AND DUTIES.  (a) <(g)>  The office of public
  419-8  insurance counsel may assess the impact of insurance rates, rules,
  419-9  and forms on insurance consumers in Texas and, in its own name,
 419-10  shall act as an advocate of positions that are most advantageous to
 419-11  a substantial number of insurance consumers as determined by the
 419-12  public counsel for the office.
 419-13        (b) <(h)>  The public counsel:
 419-14              (1)  may appear or intervene as a matter of right
 419-15  before the commissioner or department <State Board of Insurance> as
 419-16  a party or otherwise on behalf of insurance consumers as a class
 419-17  in:
 419-18                    (A)  matters involving rates, rules, and forms
 419-19  affecting property and casualty insurance;
 419-20                    (B)  matters involving rates, rules, and forms
 419-21  affecting title insurance;
 419-22                    (C)  matters involving rules affecting life,
 419-23  health, and accident insurance;
 419-24                    (D)  matters involving rates, rules, and forms
 419-25  affecting credit life, and credit accident and health insurance;
 419-26                    (E)  matters involving rates, rules, and forms
 419-27  affecting all other lines of insurance for which the commissioner
  420-1  or department <State Board of Insurance> promulgates, sets, or
  420-2  approves rates, rules, and/or forms; and
  420-3                    (F)  matters involving withdrawal of approval of
  420-4  policy forms in proceedings initiated by the department under
  420-5  Articles <Article> 3.42(f) and 3.42(g) of this code or if the
  420-6  public counsel presents persuasive evidence to the department
  420-7  <determines> that such forms do not comply with such articles of
  420-8  this code or any valid rule relating thereto duly adopted by the
  420-9  commissioner <State Board of Insurance> or are <is> otherwise
 420-10  contrary to law;
 420-11              (2)  may initiate or intervene as a matter of right or
 420-12  otherwise appear in a judicial proceeding involving or arising out
 420-13  of any action taken by an administrative agency in a proceeding in
 420-14  which the public counsel previously appeared under the authority
 420-15  granted by this article;
 420-16              (3)  is entitled to access to any records of the
 420-17  department that are available to any party other than the
 420-18  department <board's> staff in a proceeding before the commissioner
 420-19  or department under the authority granted public counsel by this
 420-20  article <board>;
 420-21              (4)  is entitled to obtain discovery under the
 420-22  Administrative Procedure and Texas Register Act (Article 6252-13a,
 420-23  Vernon's Texas Civil Statutes) of any nonprivileged matter that is
 420-24  relevant to the subject matter involved in a <any> proceeding or
 420-25  submission before the commissioner or department as authorized by
 420-26  this article <State Board of Insurance>;
 420-27              (5)  may recommend legislation to the legislature that,
  421-1  in the judgment of the public counsel, would affect positively the
  421-2  interests of insurance consumers;
  421-3              (6)  may appear or intervene as a matter of right as a
  421-4  party or otherwise on behalf of insurance consumers as a class in
  421-5  all proceedings in which the public counsel determines that
  421-6  insurance consumers need representation, except that the public
  421-7  counsel may not intervene in any enforcement or parens patriae
  421-8  proceeding brought by the attorney general; <and>
  421-9              (7)  may appear or intervene before the commissioner or
 421-10  department as a party or otherwise on behalf of small commercial
 421-11  insurance consumers, as a class, in matters involving rates, rules,
 421-12  and forms affecting commercial insurance consumers, as a class, in
 421-13  all proceedings where it is deemed by the counsel that small
 421-14  commercial consumers are in need of representation; and
 421-15              (8)  shall submit to the department for adoption a
 421-16  consumer bill of rights appropriate to each personal line of
 421-17  insurance regulated by the department <board> to be distributed
 421-18  upon the issuance of a policy by insurers to each policyholder
 421-19  under rules adopted by the department.
 421-20        (c) <(i)>  The public counsel may not intervene or appear in
 421-21  any proceedings or hearings before the <board or> commissioner or
 421-22  department, or other proceedings, that relate to approval or
 421-23  consideration of individual charters, licenses, acquisitions,
 421-24  mergers, <or> examinations, proceedings concerning the solvency of
 421-25  individual insurers <after a receiver is appointed>, financial
 421-26  issues, policy forms, advertising, or other regulatory issues <or
 421-27  other matters> affecting individual insurers <insurer> or agents
  422-1  <agent licenses>.  The confidentiality requirements applicable to
  422-2  examination reports under Article 1.18 of this code and to the
  422-3  commissioner under Section 3A, Article 21.28, of this code shall
  422-4  apply to the public counsel.
  422-5        (d) <(j)>  Any order of the commissioner <board> which
  422-6  determines, approves, or sets a rate under this code and is
  422-7  appealed shall be and remain in effect during the pendency of an
  422-8  appeal.  During the pendency of the appeal, an insurer shall use
  422-9  the rate provided in the order being appealed.  Such rate shall be
 422-10  lawful and valid during such appeal, and an insurer shall not be
 422-11  required to make any refund therefrom after a decision on the
 422-12  appeal.  If a decision on appeal shall vacate the order, the rate
 422-13  established by the commissioner <board> prior to the rendition of
 422-14  the vacated order shall be in effect from and after the date of
 422-15  remand and until the commissioner <board> shall  make a further
 422-16  determination; however, the commissioner <board> shall consider the
 422-17  order of the court in setting future rates.
 422-18        Sec. 6.  PUBLIC ACCESS AND INFORMATION.  (a)  The office of
 422-19  public insurance counsel shall prepare information of public
 422-20  interest describing the functions of the office.  The office of
 422-21  public insurance counsel shall make the information available to
 422-22  the public and appropriate state agencies.
 422-23        (b)  The office of public insurance counsel shall prepare and
 422-24  maintain a written plan that describes how a person who does not
 422-25  speak English can be provided reasonable access to the office of
 422-26  public insurance counsel's programs.  The office of public
 422-27  insurance counsel shall also comply with federal and state laws for
  423-1  program and facility accessibility.
  423-2        Sec. 7.  APPLICABILITY OF SUNSET ACT.  <(k)>  The office of
  423-3  public insurance counsel is subject to Chapter 325, Government Code
  423-4  (Texas Sunset Act).  Unless continued in existence as provided by
  423-5  that chapter, the office is abolished September 1, 2005 <1993>.
  423-6             ARTICLE 22.  REDESIGNATION OF PROVISIONS WITH
  423-7             DUPLICATE DESIGNATIONS; CONFORMING AMENDMENTS
  423-8        SECTION 22.01.  Article 3.77, Insurance Code, as added by
  423-9  Chapter 800, Acts of the 71st Legislature, Regular Session, 1989,
 423-10  is reenacted and redesignated as Article 3.78, Insurance Code, to
 423-11  read as follows:
 423-12        Art. 3.78 <3.77>.  Eligibility for Benefits for Alzheimer's
 423-13  Disease.  If an individual or group policy, contract, or
 423-14  certificate, or evidence of coverage providing coverage for
 423-15  Alzheimer's disease is delivered or issued for delivery in this
 423-16  state by an insurer, including a group hospital service corporation
 423-17  under Chapter 20 of this code, and the policy, contract,
 423-18  certificate, or evidence requires demonstrable proof of organic
 423-19  disease or other proof before the insurer will authorize payment of
 423-20  benefits for Alzheimer's disease, a clinical diagnosis of
 423-21  Alzheimer's disease by a physician licensed in this state,
 423-22  including history and physical, neurological, psychological and/or
 423-23  psychiatric evaluations, and laboratory studies, shall satisfy the
 423-24  requirement for demonstrable proof of organic disease or other
 423-25  proof under the coverage.
 423-26        SECTION 22.02.  Subsection (e), Section 2, Article 21.48A,
 423-27  Insurance Code, as added by Section 2, Chapter 327, Acts of the
  424-1  72nd Legislature, Regular Session, 1991, is reenacted and
  424-2  redesignated as Subsection (f) to read as follows:
  424-3        (f) <(e)>  A Lender that requires a Borrower to secure
  424-4  insurance coverage before the Lender will provide a residential
  424-5  mortgage loan shall accept an insurance binder as evidence of the
  424-6  required insurance if:
  424-7              (1)  the insurance binder is issued by a licensed local
  424-8  recording agent as that term is defined by Article 21.14 of this
  424-9  code and, if requested to do so, the agent shall furnish
 424-10  appropriate evidence to the Lender;
 424-11              (2)  the local recording agent is appointed to
 424-12  represent the insurance company whose name appears on the binder
 424-13  and is authorized to issue binders and, if requested to do so, the
 424-14  agent shall furnish appropriate evidence to the Lender;
 424-15              (3)  the insurance binder is accompanied by evidence of
 424-16  payment of the required premium; and
 424-17              (4)  the insurance binder will be replaced by an
 424-18  original insurance policy for the required coverage within 30 days
 424-19  of the date of the issuance of the insurance binder.
 424-20        If the foregoing conditions are met, a Lender may not require
 424-21  a Borrower to provide an original insurance policy in lieu of the
 424-22  insurance binder.
 424-23        SECTION 22.03.  Article 21.49-14, Insurance Code, as added by
 424-24  Section 5.08, Chapter 1, Acts of the 70th Legislature, 1st Called
 424-25  Session, 1987, is reenacted and redesignated as Article 21.49-13,
 424-26  Insurance Code, to read as follows:
 424-27        Art. 21.49-13 <21.49-14>.  Excess Liability Pools
  425-1        Sec. 1.  Definitions.  In this article:
  425-2              (1)  "Pool" means an excess liability pool created
  425-3  under this article.
  425-4              (2)  "Fund" means an excess liability fund.
  425-5              (3)  "Board" means the board of trustees of a pool.
  425-6              (4)  "County" means a county in this state.
  425-7              (5)  "School district" means a public school district
  425-8  created under the laws of this state.
  425-9              (6)  "Junior college district" means a junior college
 425-10  district organized under the laws of this state.
 425-11              (7)  "Entity" means a county, school district, or
 425-12  junior college district.
 425-13        Sec. 2.  Creation of pools.  (a)  Separate excess liability
 425-14  pools may be created for counties, school districts, and junior
 425-15  college districts as provided by this article.
 425-16        (b)  An excess liability pool may be created:
 425-17              (1)  for counties, on written agreement to create the
 425-18  pool by the county judges of not fewer than five counties in this
 425-19  state;
 425-20              (2)  for school districts, on written agreement to
 425-21  create the pool by the presidents of the boards of trustees, acting
 425-22  on behalf of their boards, of not fewer than five school districts
 425-23  in this state; or
 425-24              (3)  for junior college districts, on written agreement
 425-25  to create the pool by the presiding officers of the boards of
 425-26  trustees, acting on behalf of their boards, of not fewer than five
 425-27  junior college districts in this state.
  426-1        (c)  An excess liability pool is created to provide excess
  426-2  liability insurance coverage as provided by this article and the
  426-3  plan.
  426-4        (d)  An entity may participate only in a pool created for
  426-5  that type of entity.  There may not be more than one county excess
  426-6  liability pool, one school district excess liability pool, and one
  426-7  junior college district excess liability pool.
  426-8        Sec. 3.  Scope of coverage.  (a)  A pool shall insure an
  426-9  entity and its officers and employees against liability for acts
 426-10  and omissions under the laws governing that entity and its officers
 426-11  and employees in their official or employment capacities.
 426-12        (b)  Under excess liability insurance coverage, a pool shall
 426-13  pay that portion of a claim against an entity and its officers and
 426-14  employees that is finally determined or settled or is included in a
 426-15  final judgment of a court and that is in excess of $500,000, but
 426-16  the amount paid by the pool may not be in excess of the amount
 426-17  determined by the board to be actuarially sound for the pool.
 426-18        (c)  Under the insurance coverage, the pool may participate
 426-19  in the evaluation, settlement, or defense of any claim.
 426-20        Sec. 4.  Participation in pool.  An entity is entitled to
 426-21  coverage from the pool on:
 426-22              (1)  submitting a complete application;
 426-23              (2)  providing any other information required by the
 426-24  pool;
 426-25              (3)  meeting the underwriting standards established by
 426-26  the pool; and
 426-27              (4)  paying the premiums required for the coverage.
  427-1        Sec. 5.  Payment of contributions and premiums.  An entity
  427-2  purchasing excess liability insurance coverage from the pool may
  427-3  use funds of the entity to pay any contributions or premiums
  427-4  required by the pool for the coverage.
  427-5        Sec. 6.  Plan of operation.  (a)  At the time the written
  427-6  agreement is executed under Section 2 of this article, the creators
  427-7  shall select nine persons to serve as a temporary board to draft
  427-8  the plan of operation for a pool.
  427-9        (b)  Within 30 days after selection, the members of a
 427-10  temporary board shall meet to prepare a detailed plan of operation
 427-11  for the pool.
 427-12        (c)  The plan of operation may include any matters relating
 427-13  to the organization and operation of the pool and the pool's
 427-14  finances.  The plan must include:
 427-15              (1)  the organizational structure of the pool,
 427-16  including the method of selection of the board, the method of
 427-17  procedure and operation of the board, and a summary of the method
 427-18  for managing and operating the pool;
 427-19              (2)  a description of the contributions and other
 427-20  financial arrangements necessary to cover the initial expenses of
 427-21  the pool and estimates supported by statistical data of the amounts
 427-22  of those contributions or other financial arrangements;
 427-23              (3)  underwriting standards and procedures for the
 427-24  evaluation of risks;
 427-25              (4)  procedures for purchase of reinsurance;
 427-26              (5)  methods, procedures, and guidelines for
 427-27  establishing rates for premiums for and maximum limits of excess
  428-1  coverage available from the pool;
  428-2              (6)  procedures for the processing and payment of
  428-3  claims;
  428-4              (7)  methods and procedures for defraying any losses
  428-5  and expenses of the pool;
  428-6              (8)  methods, procedures, and guidelines for the
  428-7  management and investment of the fund;
  428-8              (9)  guidelines for nonrenewal of coverage;
  428-9              (10)  minimum limits of capital and surplus to be
 428-10  maintained by the pool; and
 428-11              (11)  minimum standards for reserve requirements for
 428-12  the pool.
 428-13        (d)  The temporary board shall complete and adopt the plan of
 428-14  operation within 90 days after the date of the appointment of the
 428-15  temporary board.
 428-16        (e)  Within 15 days following the day on which the plan of
 428-17  operation is adopted, the first board must be selected as provided
 428-18  by the plan of operation.   The members of the first board shall
 428-19  take office not later than the 30th day following the date of the
 428-20  adoption of the plan of operation.
 428-21        Sec. 7.  Board of trustees.  (a)  A pool is governed by a
 428-22  board of nine trustees selected as provided by the plan of
 428-23  operation.
 428-24        (b)  Members of the board serve for terms of two years with
 428-25  the terms expiring at the time provided by the plan of operation.
 428-26        (c)  A vacancy on the board shall be filled as provided by
 428-27  the plan of operation.
  429-1        (d)  A person serving on the board who is an officer or
  429-2  employee of an entity covered by the pool performs duties on the
  429-3  board as additional duties required of his original office or
  429-4  employment.
  429-5        (e)  Each member of the board shall execute a bond in the
  429-6  amount required by the plan of operation payable to the pool and
  429-7  conditioned on the faithful performance of his duties.  The pool
  429-8  shall pay the cost of the bond.
  429-9        (f)  Members of the board are not entitled to compensation
 429-10  for their service on the board.
 429-11        (g)  The board shall select from its membership persons to
 429-12  serve as chairman, vice-chairman, and secretary.  The persons
 429-13  selected serve for terms of one year that expire as provided by the
 429-14  plan of operation.
 429-15        (h)  The board shall hold meetings at the call of the
 429-16  chairman and at times established by its rules.
 429-17        (i)  A majority of the members of the board constitutes a
 429-18  quorum.
 429-19        (j)  In addition to other duties provided by this article and
 429-20  the plan of operation, the board shall:
 429-21              (1)  approve contracts other than excess liability
 429-22  insurance contracts issued to entities by the pool;
 429-23              (2)  consider and adopt premium rate schedules for the
 429-24  pool;
 429-25              (3)  consider and adopt policy forms for the pool;
 429-26              (4)  receive service of summons on behalf of the pool;
 429-27  and
  430-1              (5)  appoint and supervise the activities of the pool
  430-2  manager.
  430-3        (k)  In addition to other authority provided by this article,
  430-4  the board may:
  430-5              (1)  adopt necessary rules;
  430-6              (2)  delegate specific responsibilities to the pool
  430-7  manager; and
  430-8              (3)  amend the plan of operation to assure the orderly
  430-9  management and operation of the pool.
 430-10        (l)  A member of the board is not liable with respect to a
 430-11  claim or judgment for which coverage is provided by the pool or for
 430-12  a claim or judgment against an entity covered by the pool against
 430-13  whom a claim is made.
 430-14        Sec. 8.  Pool Manager.  (a)  The board shall appoint a pool
 430-15  manager who shall serve at the pleasure of the board.
 430-16        (b)  The pool manager is entitled to receive the compensation
 430-17  authorized by the board.
 430-18        (c)  The pool manager shall execute a bond in the amount
 430-19  determined by the board, payable to the pool, conditioned on the
 430-20  faithful performance of his duties.  The pool shall pay the cost of
 430-21  the bond.
 430-22        (d)  The pool manager shall manage and conduct the affairs of
 430-23  the pool under the general supervision of the board and shall
 430-24  perform any other duties directed by the board.
 430-25        (e)  In addition to any other duties provided by this article
 430-26  or by the board, the pool manager shall:
 430-27              (1)  receive and pass on applications from entities for
  431-1  excess liability coverage from the pool;
  431-2              (2)  negotiate contracts for the pool;
  431-3              (3)  prepare premium rate schedules for the approval of
  431-4  the board;
  431-5              (4)  collect and compile statistical data relating to
  431-6  the excess liability coverage provided by the pool, including
  431-7  relevant loss, expense, and premium data, and make that information
  431-8  available to the board and to the public; and
  431-9              (5)  prepare and submit to the board for approval
 431-10  proposed policy forms for pool coverage.
 431-11        (f)  The pool manager may refuse to renew the coverage of any
 431-12  entity insured by the pool based on the guidelines provided by the
 431-13  plan of operation.
 431-14        Sec. 9.  Employees and other personnel.  (a)  The pool
 431-15  manager shall employ or contract with persons necessary to assist
 431-16  the board and pool manager in carrying out the powers and duties of
 431-17  the pool.
 431-18        (b)  The board shall approve compensation paid to employees
 431-19  of the pool and contracts made with other persons under this
 431-20  section.
 431-21        (c)  The board may require any employee or person with whom
 431-22  it contracts under this section to execute a bond in an amount
 431-23  determined by the board, payable to the board, and conditioned on
 431-24  the faithful performance of the employee's or person's duties or
 431-25  responsibilities to the pool.
 431-26        (d)  An employee or person with whom the pool has contracted
 431-27  under this section is not liable with respect to any claim or
  432-1  judgment for which coverage is provided by the pool or for any
  432-2  claim or judgment against any entity covered by the pool against
  432-3  whom a claim is made.
  432-4        Sec. 10.  Office.  (a)  A pool shall maintain its principal
  432-5  office in Austin, Texas.
  432-6        (b)  The records, files, and other documents and information
  432-7  relating to the pool must be maintained in the pool's principal
  432-8  office.
  432-9        Sec. 11.  Rules.  The board may adopt and amend rules to
 432-10  carry out this article.
 432-11        Sec. 12.  General powers and duties.  (a)  A pool shall:
 432-12              (1)  issue excess liability coverage to each entity
 432-13  entitled to coverage under this article;
 432-14              (2)  collect premiums for coverage issued or renewed by
 432-15  the pool;
 432-16              (3)  process and pay valid claims; and
 432-17              (4)  maintain detailed data regarding the pool.
 432-18        (b)  The pool may:
 432-19              (1)  enter into contracts;
 432-20              (2)  purchase reinsurance;
 432-21              (3)  cancel or refuse to renew coverage; and
 432-22              (4)  perform any other acts necessary to carry out this
 432-23  article, the plan of operation, and the rules adopted by the board.
 432-24        Sec. 13.  Excess liability fund.  (a)  On creation of a pool,
 432-25  the first board shall create an excess liability fund.
 432-26        (b)  The fund is composed of:
 432-27              (1)  premiums paid by entities for coverage by the
  433-1  pool;
  433-2              (2)  contributions and other money received by the pool
  433-3  to cover the initial expenses of the fund;
  433-4              (3)  investments and money earned from investments of
  433-5  the fund; and
  433-6              (4)  any other money received by the pool.
  433-7        (c)  The pool manager shall manage the fund under the general
  433-8  supervision of the board.
  433-9        (d)  Administrative expenses of the pool may be paid from the
 433-10  fund, but payments for this purpose during any fiscal year of the
 433-11  pool may not exceed the amount established by the board.
 433-12        (e)  Money in the fund may not be used to pay punitive
 433-13  damages, fines or penalties for violation of a civil or criminal
 433-14  statute, or fines or penalties imposed for violation of an
 433-15  administrative rule or regulation, or an order, rule, or ordinance.
 433-16        (f)  Money for a claim may not be paid from the fund under
 433-17  excess liability insurance coverage unless and until all benefits
 433-18  payable under any other underlying policy of liability insurance
 433-19  covering the claim or judgment are exhausted.
 433-20        (g)  The board may select one or more banks to serve as
 433-21  depository for money of the fund.  Before the pool manager deposits
 433-22  fund money in a depository bank in an amount that exceeds the
 433-23  maximum amount secured by the Federal Deposit Insurance
 433-24  Corporation, the bank must execute a bond or provide other security
 433-25  in an amount sufficient to secure from loss the fund money that
 433-26  exceeds the amount secured by the Federal Deposit Insurance
 433-27  Corporation.
  434-1        (h)  Each year as provided by the plan of operation, the
  434-2  board shall have an actuary who is a member of the American Academy
  434-3  of Actuaries audit the capital, surplus, and reserves of the pool
  434-4  and prepare for the pool and its members a formal report.
  434-5        Sec. 14.  Investments.  (a)  The fund manager, under the
  434-6  general supervision of the board, shall manage and invest the money
  434-7  in the fund in the manner provided by the plan of operation.
  434-8        (b)  Money earned by investment of money in the fund must be
  434-9  deposited in the fund or reinvested for the fund.
 434-10        Sec. 15.  Contributions.  The board shall determine the
 434-11  amount of any contributions necessary to meet initial expenses of
 434-12  the pool.  The board shall make this determination based on the
 434-13  data provided in the plan of operation.
 434-14        Sec. 16.  Premium rates; limits of coverage.  (a)  The board
 434-15  shall determine the rates for premiums that will be charged and the
 434-16  maximum limits of coverage provided to assure that the pool is
 434-17  actuarially sound.
 434-18        (b)  The pool manager shall prepare the statistical data and
 434-19  other information and the proposed rate schedules and maximum
 434-20  limits of coverage for consideration of the board.
 434-21        (c)  The board shall periodically reexamine the rate
 434-22  schedules and the maximum limits of coverage as conditions change.
 434-23        Sec. 17.  Coverage period.  (a)  On accepting coverage from
 434-24  the pool, an entity shall maintain that coverage for a period not
 434-25  less than 36 calendar months following the month the coverage is
 434-26  issued.
 434-27        (b)  An entity that voluntarily discontinues coverage in the
  435-1  pool may not again obtain coverage from the pool for at least 36
  435-2  calendar months following the month in which the coverage was
  435-3  discontinued.
  435-4        Sec. 18.  Coverage.  Excess liability coverage provided by
  435-5  the pool may be provided on a claims-made or an occurrence basis.
  435-6        Sec. 19.  Nonrenewal.  (a)  Except as provided by Subsection
  435-7  (b) of this section, the pool may refuse to renew the coverage of
  435-8  any entity that fails to comply with the pool's underwriting
  435-9  standards.
 435-10        (b)  The pool may not refuse to renew the coverage of an
 435-11  entity for the first 36 calendar months following the month in
 435-12  which the entity was first insured by the pool.
 435-13        (c)  Section 17(b) of this article does not apply to
 435-14  discontinuance of an entity's coverage if the pool refuses renewal
 435-15  under this section.  An entity whose coverage is not renewed is not
 435-16  eligible to apply for new coverage during the 12 calendar months
 435-17  beginning after the month in which the pool gave written notice
 435-18  that it would not renew the coverage.
 435-19        Sec. 20.  Shortage of available money.  (a)  If money in the
 435-20  fund will be exhausted by payment of all final and settled claims
 435-21  and final judgments during the fiscal year, the amount paid by the
 435-22  pool to each person having a claim or judgment shall be prorated,
 435-23  with each person receiving an amount that is equal to the
 435-24  percentage the amount owed to him by the pool bears to the total
 435-25  amount owed, outstanding, and payable by the pool.
 435-26        (b)  The remaining amount that is due and unpaid to a person
 435-27  who receives prorated payment under Subsection (a) of this section
  436-1  must be paid in the immediately following fiscal year.
  436-2        Sec. 21.  Commissions.  A pool may pay commissions from the
  436-3  fund on approval of the board.
  436-4        Sec. 22.  Application of other laws.  (a)  Except as provided
  436-5  by Subsection (b) of this section, the pool is not considered
  436-6  insurance under the Insurance Code and other laws of this state,
  436-7  and the State Board of Insurance has no jurisdiction over the pool.
  436-8        (b)  The pool shall collect the necessary data, information,
  436-9  and statements and shall file with the State Board of Insurance the
 436-10  reports and statements required by Articles 1.24A and 1.24B and is
 436-11  subject to 21.21 of this code.
 436-12        SECTION 22.04.  Section 5, Article 17.25, Insurance Code, is
 436-13  amended to read as follows:
 436-14        Sec. 5.  Policy Forms Prescribed.  Each county mutual
 436-15  insurance company shall be subject to the provisions of Article
 436-16  5.06 and <of> Article 5.35 <and of Article 5.36> of this Code.  The
 436-17  Board of Insurance Commissioners pursuant to Article 5.35 may in
 436-18  its discretion make, promulgate and establish uniform policies for
 436-19  county mutual insurance companies different from the uniform
 436-20  policies made, promulgated and established for use by companies
 436-21  other than county mutual insurance companies, and shall prescribe
 436-22  the conditions under which such policies may be adopted and used by
 436-23  county mutual insurance companies, and the conditions under which
 436-24  such companies shall adopt and use the same forms and no others as
 436-25  are prescribed for other companies.
 436-26        SECTION 22.05.  Article 8.24(i), Insurance Code, is amended
 436-27  to read as follows:
  437-1        (i)  The department shall have authority to suspend or revoke
  437-2  the certificate of authority of any insurance carrier authorized to
  437-3  do business in Texas under this Article, if the State Board of
  437-4  Insurance, after notice and opportunity for hearing, shall find
  437-5  that such carrier has systematically, with neglect and with willful
  437-6  disregard, failed to comply with its obligations derived from the
  437-7  contracts of insurance, and the laws applicable thereto, as
  437-8  contained in policies issued in the State of Texas.
  437-9        Any carrier aggrieved by an order of the State Board of
 437-10  Insurance hereunder shall be entitled to appeal therefrom pursuant
 437-11  to the provisions of Article 1.04 <1.04(f)> of this code <the
 437-12  Insurance Code>.
 437-13        SECTION 22.06.  Section 9, Article 21.49, Insurance Code, is
 437-14  amended to read as follows:
 437-15        Sec. 9.  Appeals.  Any person insured pursuant to this Act,
 437-16  or his duly authorized representative, or any affected insurer who
 437-17  may be aggrieved by an act, ruling or decision of the Association,
 437-18  may, within 30 days after such act, ruling or decision, appeal to
 437-19  the commissioner.  In the event the Association is aggrieved by the
 437-20  action of the commissioner with respect to any ruling, order, or
 437-21  determination of the commissioner, it may, within 30 days after
 437-22  such action, make a written request to the commissioner, for a
 437-23  hearing thereon.  The commissioner shall hear the Association, or
 437-24  the appeal from an act, ruling or decision of the Association,
 437-25  within 30 days after receipt of such request or appeal and shall
 437-26  give not less than 10 days' written notice of the time and place of
 437-27  hearing to the Association making such request or the person, or
  438-1  his duly authorized representative, appealing from the act, ruling
  438-2  or decision of the Association. A hearing on an act, ruling or
  438-3  decision of the Association relating to the payment of, the amount
  438-4  of, or the denial of a particular claim shall be held, at the
  438-5  request of the claimant, in either the county in which the covered
  438-6  property is located or Travis County.  Within 30 days after the
  438-7  hearing, the commissioner shall affirm, reverse or modify its
  438-8  previous action or the act, ruling or decision appealed to the
  438-9  commissioner.  Pending such hearing and decision thereon, the
 438-10  commissioner may suspend or postpone the effective date of its
 438-11  previous rule or of the act, ruling or decision appealed to the
 438-12  commissioner.  The Association, or the person aggrieved by any
 438-13  order or decision of the commissioner, may thereafter appeal to
 438-14  either a District Court of Travis County, Texas, or a District
 438-15  Court in the county in which the covered property is located.  An
 438-16  action brought under this section is subject to the procedures
 438-17  established under Article 1.04 <1.04(f)> of this code.
 438-18        SECTION 22.07.  Section 7(b), Article 21.49-3, Insurance
 438-19  Code, is amended to read as follows:
 438-20        (b)  In the event any person insured or applying for
 438-21  insurance is aggrieved by the final action of the board of
 438-22  directors of the association, the aggrieved party may, within 30
 438-23  days after such action, make a written request to the commissioner
 438-24  for a hearing thereon.  The commissioner shall hear the appeal from
 438-25  an act, ruling, or decision of the association, within 30 days
 438-26  after receipt of such request or appeal and shall give not less
 438-27  than 10 days' written notice of the time and place of hearing to
  439-1  the person, or his duly authorized representative, appealing from
  439-2  the act, ruling, or decision of the board of directors of the
  439-3  association.  Within 30 days after such hearing, the commissioner
  439-4  shall affirm, reverse, or modify the act, ruling, or decision
  439-5  appealed to the commissioner.  Pending such hearing and decision
  439-6  thereon, the commissioner may suspend or postpone the effective
  439-7  date of the rule or of the act, ruling, or decision appealed. The
  439-8  association, or the person aggrieved by any order or decision of
  439-9  the commissioner, may thereafter appeal in accordance with Article
 439-10  1.04 <1.04(f)> of this code.
 439-11                  ARTICLE 23.  CONSOLIDATION OF FUNDS
 439-12        SECTION 23.01.  The application of Sections 403.094 and
 439-13  403.095, Government Code, to a fund or the permissible uses of
 439-14  revenue or fund balances is not affected by this Act.
 439-15          ARTICLE 24.  CERTAIN INFORMATION RELATING TO RATES
 439-16        SECTION 24.01.  Section 4(a), Article 5.73, Insurance Code,
 439-17  is amended to read as follows:
 439-18        (a)  The Board shall annually require an audit of any
 439-19  advisory organization that provides statistics or other information
 439-20  to the Board in a proceeding to set rates.  The audit shall be
 439-21  conducted under rules adopted by the Board, at the expense of the
 439-22  advisory organization.  The audit must examine the advisory
 439-23  organization's method of collecting, analyzing, and reporting data
 439-24  to assure the accuracy of data.  The audit may examine source
 439-25  documents within individual companies.  Except for individual
 439-26  company information, an audit is public information.
 439-27        SECTION 24.02.  Article 5.73, Insurance Code, is amended by
  440-1  adding Sections 4A, 4B, 4C, and 4D to read as follows:
  440-2        Sec. 4A.  (a)  An advisory organization may not receive from
  440-3  or supply to insurers transacting insurance in this state the
  440-4  information described in Section 1 of this article unless the
  440-5  advisory organization establishes a subsidiary that:
  440-6              (1)  is domiciled in this state;
  440-7              (2)  has an office in this state; and
  440-8              (3)  has a governing board composed of:
  440-9                    (A)  an ex officio member appointed by the
 440-10  commissioner; and
 440-11                    (B)  five representatives of property and
 440-12  casualty insurers licensed in this state who subscribe to or
 440-13  purchase products from the advisory organization.
 440-14        (b)  Each advisory organization shall file with the
 440-15  commissioner a copy of its constitution and bylaws, article of
 440-16  agreement or association, or certificate of incorporation and a
 440-17  copy of the rules governing its activities.
 440-18        (c)  Each advisory organization shall file with the
 440-19  commissioner a list showing each subscriber company doing business
 440-20  in this state and the products or information the subscriber
 440-21  company purchases.  The filing required by this subsection shall be
 440-22  made at least quarterly.
 440-23        (d)  On request by the commissioner, each advisory
 440-24  organization shall report to the department a summary of the
 440-25  actuarial assumptions, trend factors, economic factors, and other
 440-26  criteria used in trending data for companies doing business in this
 440-27  state.
  441-1        Sec. 4B.  Each insurer relying on prospective loss costs
  441-2  provided by an advisory organization must justify, by expert
  441-3  evidence, its need for that information on the grounds of
  441-4  insufficiency of that insurer's data and experience.  Such
  441-5  justification may be made by affidavit by a qualified actuary or
  441-6  after notice and opportunity for a hearing.  An insurer unable to
  441-7  demonstrate its need for prospective loss costs provided by an
  441-8  advisory organization may not file or use that information.
  441-9        Sec. 4C.  An insurer may not receive from an advisory
 441-10  organization prospective loss costs for personal automobile,
 441-11  homeowners', or dwelling fire insurance.
 441-12        Sec. 4D.  The select committee on rate and form regulation
 441-13  created under Article 1.50 of this code shall appoint an
 441-14  independent consulting firm to evaluate the activities of advisory
 441-15  organizations in this state, including their impact on competition
 441-16  in the insurance market, their use by insurers, and their impact on
 441-17  availability and affordability of coverage, and any other matters
 441-18  relevant to determining their continued authorization.  The
 441-19  committee shall include in its report to the legislature a
 441-20  recommendation for the future role of advisory organizations in
 441-21  this state.
 441-22        SECTION 24.03.  Section 5, Article 5.73, Insurance Code, is
 441-23  amended to read as follows:
 441-24        Sec. 5.  The authority granted under this article expires
 441-25  September 1, 1997 <1993>.
 441-26        SECTION 24.04.  Article 21.69, Insurance Code, is amended to
 441-27  read as follows:
  442-1        Art. 21.69.  PARALLEL STATISTICAL DATA COLLECTION <BOARD MAY
  442-2  CONTRACT FOR PREMIUM AND LOSS DATA>.  (a)  Except as provided in
  442-3  Article 5.58 of this code, the commissioner shall contract with one
  442-4  statistical entity for each line of insurance to compile and
  442-5  maintain historical premium and loss data pursuant to statistical
  442-6  plans adopted by the commissioner.  A statistical entity designated
  442-7  by the commissioner must provide sufficient evidence of five years
  442-8  of experience in data collection, data maintenance, data quality
  442-9  control, accounting and related areas <board may contract with any
 442-10  qualified entity to collect historical premium and loss data as
 442-11  defined by the board and pursuant to statistical plans promulgated
 442-12  or approved by the board>.
 442-13        (b)  An insurer may continue to provide historical premium
 442-14  and loss data to a statistical agent designated by the board prior
 442-15  to April 1, 1993, as required by a statistical plan in use on that
 442-16  date.  The board shall receive that information, and the
 442-17  statistical agent may return that information to its subscribers.
 442-18  The board may utilize this information in all rate hearings.
 442-19        (c)  The select committee on rate and form regulation created
 442-20  under Article 1.50 of this code shall appoint an independent
 442-21  consulting firm to evaluate the costs and benefits of each of the
 442-22  systems and include in its report to the legislature a
 442-23  recommendation for future data collection consistent with its
 442-24  recommendations on rates.
 442-25        SECTION 24.05.  Not later than December 31, 1993, each
 442-26  advisory organization governed by Article 5.73, Insurance Code,
 442-27  shall establish a subsidiary domiciled in this state as required by
  443-1  Section 4A(a), Article 5.73, Insurance Code, as added by this Act.
  443-2                ARTICLE 25.  EFFECTIVE DATE; EMERGENCY
  443-3        SECTION 25.01.  Except as otherwise provided by this Act,
  443-4  this Act takes effect September 1, 1993.
  443-5        SECTION 25.02.   Section 20.18 of this Act shall only apply
  443-6  to policies and certificates of insurance issued on or after
  443-7  September 1, 1993.
  443-8        SECTION 25.03.  The importance of this legislation and the
  443-9  crowded condition of the calendars in both houses create an
 443-10  emergency and an imperative public necessity that the
 443-11  constitutional rule requiring bills to be read on three several
 443-12  days in each house be suspended, and this rule is hereby suspended,
 443-13  and that this Act take effect and be in force according to its
 443-14  terms, and it is so enacted.