1-1        By:  Counts (Senate Sponsor - Parker)           H.B. No. 1461
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 11, 1993, read first time and referred to Committee on Economic
    1-4  Development; May 22, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 11, Nays 0;
    1-6  May 22, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis              x                               
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom             x                               
   1-16        Madla              x                               
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 1461                  By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to insurance regulation and to the continuation, powers
   1-24  and duties of the Texas Department of Insurance and the office of
   1-25  public insurance counsel; providing administrative penalties;
   1-26  making an appropriation.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28      ARTICLE 1.  ORGANIZATION OF TEXAS DEPARTMENT OF INSURANCE;
   1-29  FUNCTIONS OF COMMISSIONER; ELIMINATION OF STATE BOARD OF INSURANCE
   1-30        SECTION 1.01.  Article 1.02, Insurance Code, is amended to
   1-31  read as follows:
   1-32        Art. 1.02.  Operation of Department<; Board>.  (a)  A
   1-33  provision of this code or another insurance law, including an
   1-34  enactment or reenactment of a provision of this code or another
   1-35  insurance law by the 73rd Legislature, Regular Session, 1993, that
   1-36  references the State Board of Insurance is not intended to conflict
   1-37  with this article.  A reference in this code or another insurance
   1-38  law to the State Board of Insurance means the Commissioner of
   1-39  Insurance or the Texas Department of Insurance, as consistent with
   1-40  the respective powers and duties of the Commissioner and the
   1-41  department under this article.  <The State Board of Insurance is
   1-42  composed of three members, all of whom shall be citizens of Texas.
   1-43  They shall be appointed by the Governor, by and with the advice and
   1-44  consent of the Senate of Texas.  The term of office of each member
   1-45  shall be as provided in this Code.  Each member of the Board shall
   1-46  be a person with at least ten (10) years of successful experience
   1-47  in business, professional or governmental activities, or a total of
   1-48  at least ten (10) years in any combination of two or more of such
   1-49  activities.  Each member shall be available at all reasonable times
   1-50  for the discharge of the duties and functions delegated to the
   1-51  members of the Board by law, but the members shall act as a unit,
   1-52  and in no event shall the individual members divide or confine
   1-53  their activities to special fields of insurance regulation or
   1-54  attempt to administer the functions hereinafter assigned to the
   1-55  Commissioner.>
   1-56        (b)  The powers, functions, authority, prerogatives, duties,
   1-57  obligations, and responsibilities vested in the department shall be
   1-58  exercised, performed, carried out, and administered by the
   1-59  Commissioner as the chief executive and administrative officer of
   1-60  the department in accordance with the pertinent laws of this state
   1-61  and the rules and regulations for uniform application adopted by
   1-62  the Commissioner <Board and subject to the general supervision and
   1-63  direction of the Board.  The duties of the State Board of Insurance
   1-64  shall be primarily in a supervisory capacity, and the carrying out
   1-65  and administering the details of the Insurance Code, other
   1-66  insurance laws of this state, and other laws providing jurisdiction
   1-67  in or applicable to the department or the Commissioner shall be
   1-68  primarily the duty and responsibility of the Commissioner acting
    2-1  under the general supervision and direction of the Board>.
    2-2        (c)  <On February 10th of each odd-numbered year, the
    2-3  Governor shall appoint from among the membership of the Board a
    2-4  Chairman who shall be known and designated as the Chairman of the
    2-5  State Board of Insurance.>
    2-6        <(d)>  The Texas Department of Insurance is subject to
    2-7  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
    2-8  in existence as provided by that chapter, the department is
    2-9  abolished September 1, 2005 <1993>.
   2-10        <(e)  Appointments to the board shall be made without regard
   2-11  to the race, creed, sex, religion, or national origin of the
   2-12  appointees.  In making appointments under this section, the
   2-13  governor shall attempt to appoint members of different minority
   2-14  groups including females, African-Americans, Hispanic-Americans,
   2-15  Native Americans, and Asian-Americans.>
   2-16        <(f)  In addition to grounds provided by other applicable law
   2-17  providing for removal from office, it is a ground for removal from
   2-18  the board that a member:>
   2-19              <(1)  does not have at the time of appointment the
   2-20  qualifications required by this article for appointment to the
   2-21  board;>
   2-22              <(2)  does not maintain during the service on the board
   2-23  the qualifications required by this article for appointment to the
   2-24  board; or>
   2-25              <(3)  violates a prohibition established by Article
   2-26  1.06A of this code.>
   2-27        <(g)  The validity of an action of the board is not affected
   2-28  by the fact that it was taken when a ground for removal of a member
   2-29  of the board existed.>
   2-30        (d) <(h)>  The Commissioner or the Commissioner's designee
   2-31  <board> shall prepare and maintain a written policy statement
   2-32  <plan> to ensure <assure> implementation of a program of equal
   2-33  employment opportunity under which <whereby> all personnel
   2-34  transactions are made without regard to race, color, disability,
   2-35  sex, religion, age, or national origin.  The policy statement
   2-36  <plan> must include:
   2-37              (1)  personnel policies, including policies relating to
   2-38  <a comprehensive analysis of all employees by race, sex, ethnic
   2-39  origin, class of position, and salary or wage;>
   2-40              <(2)  plans for> recruitment, evaluation, selection,
   2-41  appointment, training, and promotion of<, and other> personnel that
   2-42  are in compliance with the Commission on Human Rights Act (Article
   2-43  5221k, Vernon's Texas Civil Statutes) <policies>;
   2-44              (2)  a comprehensive analysis of the department work
   2-45  force that meets federal and state guidelines;
   2-46              (3)  procedures by which a determination can be made of
   2-47  significant underuse in the department work force of all persons
   2-48  for whom federal or state guidelines encourage a more equitable
   2-49  balance; and
   2-50              (4)  reasonable methods to appropriately address those
   2-51  areas of significant underuse
   2-52              <(3)  steps reasonably designed to overcome any
   2-53  identified underutilization of minorities and women in the
   2-54  department's work force; and>
   2-55              <(4)  objectives and goals, timetables for the
   2-56  achievement of those objectives and goals, and assignments of
   2-57  responsibility for their achievement>.
   2-58        (e)  A policy statement prepared under Subsection (d) of this
   2-59  article must cover an annual period, be updated annually, be
   2-60  reviewed by the Commission on Human Rights for compliance with
   2-61  Subsection (d)(1) of this article, and be filed with the governor's
   2-62  office.
   2-63        (f)  The governor's office shall deliver a biennial report to
   2-64  the legislature based on the information received under Subsection
   2-65  (e) of this article.  The report may be made separately or as a
   2-66  part of other biennial reports made to the legislature.
   2-67        (g)  The Commissioner shall develop and implement policies
   2-68  that clearly define the respective responsibilities of the
   2-69  Commissioner and the staff of the department.
   2-70        (h)  The Commissioner shall provide to department employees,
    3-1  as often as necessary, information regarding their qualification
    3-2  for office or employment under this code and their responsibilities
    3-3  under applicable laws relating to standards of conduct for state
    3-4  employees.
    3-5        <(i)  The plan required by Section (h) of this article shall
    3-6  be filed with the governor's office within 60 days after the
    3-7  effective date of that section, cover an annual period, and be
    3-8  updated at least annually.  Progress reports shall be submitted to
    3-9  the governor's office within 30 days before November 1 and April 1
   3-10  of each year and shall include the steps the department has taken
   3-11  within the reporting period to comply with those requirements.>
   3-12        SECTION 1.02.  Article 1.01A, Insurance Code, is amended to
   3-13  read as follows:
   3-14        Art. 1.01A.  Creation and Structure of the Texas Department
   3-15  of Insurance.  (a)  In this code and other insurance laws:
   3-16              (1)  <"Board" means the three-member State Board of
   3-17  Insurance.>
   3-18              <(2)>  "Department" means the Texas Department of
   3-19  Insurance.
   3-20              (2) <(3)>  "Commissioner" means the Commissioner of
   3-21  Insurance appointed under Article 1.09 of this code.
   3-22        (b)  The Texas Department of Insurance is created to regulate
   3-23  the business of insurance in this state.  The department is
   3-24  composed of <the board,> the Commissioner<,> and other officers and
   3-25  employees required to efficiently implement the purpose of this
   3-26  code, other insurance laws of this state, and other laws providing
   3-27  jurisdiction in or applicable to the department<, board,> or
   3-28  Commissioner.
   3-29        (c)  Except as otherwise provided by law, all references in
   3-30  this code and other statutes of this state to the board, the Board
   3-31  of Insurance Commissioners, the State Board of Insurance, or
   3-32  individual commissioners mean the department<, the board,> or the
   3-33  Commissioner as consistent with the respective duties of the
   3-34  Commissioner or the department <those persons or entities> under
   3-35  this code and other laws relating to the business of insurance in
   3-36  this state.
   3-37        SECTION 1.03.  Chapter 1, Insurance Code, is amended by
   3-38  amending Article 1.04 and adding Articles 1.03A, 1.04A, 1.04B, and
   3-39  1.04C to read as follows:
   3-40        Art. 1.03A.  RULES FOR GENERAL APPLICATION.  The Commissioner
   3-41  may adopt <1.04.  ><Duties and Organization of the State Board of
   3-42  Insurance><.  (a)  The State Board of Insurance shall operate and
   3-43  function as one body or a unit and a majority vote of the members
   3-44  of the Board shall be necessary to transact any of its official
   3-45  business.  The Board shall maintain one official set of records of
   3-46  its proceedings and actions.>
   3-47        <(b)  The State Board of Insurance shall determine policy for
   3-48  the department, rules, rates, forms, and appeals as provided by
   3-49  law, and shall assume other duties that are expressly assigned to
   3-50  the Board by law, but otherwise the Board shall execute its duties
   3-51  through the Commissioner as provided by law, in accordance with the
   3-52  laws of this state and the rules and regulations for uniform
   3-53  application as made by the Board.>
   3-54        <(c)  All> rules and regulations for the conduct and
   3-55  execution of the duties and functions of the department only as
   3-56  explicitly authorized by a statute.  Rules and regulations adopted
   3-57  in accordance with this subsection must <shall> be <rules> for
   3-58  general and uniform application and shall be <adopted and>
   3-59  published by the Commissioner <Board> on the basis of a systematic
   3-60  organization of such rules by their subject matter and content.
   3-61  <The Commissioner may make recommendations to the Board regarding
   3-62  such rules and regulations, including amendments, changes and
   3-63  additions.>  Such published rules shall be kept current and shall
   3-64  be available in a form convenient to all interested persons.
   3-65        Art. 1.04.  APPEAL OF DECISION OF COMMISSIONER.
   3-66  (a) <(d)  Any person or organization, private or public, that is
   3-67  affected by any ruling or action of the Commissioner shall have the
   3-68  right to have such ruling or action reviewed by the State Board of
   3-69  Insurance by making an application to the Board.  Such application
   3-70  shall state the identities of the parties, the ruling or action
    4-1  complained of, the interests of the parties in such ruling, the
    4-2  grounds of such objections, the action sought of the Board and the
    4-3  reasons and grounds for such action by the Board.  The original
    4-4  shall be filed with the Chief Clerk of the Board together with a
    4-5  certification that a true and correct copy of such application has
    4-6  been filed with the Commissioner.  Within thirty (30) days after
    4-7  the application is filed, and after ten (10) days written notice to
    4-8  all parties of record, the Board shall review the action complained
    4-9  of in a public hearing and render its decision at the earliest
   4-10  possible date thereafter.  The Board shall make such other rules
   4-11  and regulations with regard to such applications and their
   4-12  consideration as it deems advisable, not inconsistent with this
   4-13  Article.  Said application shall have precedence over all other
   4-14  business of a different nature pending before the Board.>
   4-15        <In the public hearing, any and all evidence and matters
   4-16  pertinent to the appeal may be submitted to the Board, whether
   4-17  included in the application or not.>
   4-18        <(f)>  If any insurance company or other party at interest be
   4-19  dissatisfied with any ruling, action, decision, regulation, order,
   4-20  rate, rule, form, act, or administrative ruling adopted by the
   4-21  Commissioner <State Board of Insurance>, such dissatisfied company
   4-22  or party at interest after failing to get relief from the
   4-23  Commissioner <State Board of Insurance>, may file a petition
   4-24  setting forth the particular objection to such ruling, action,
   4-25  decision, regulation, order, rate, rule, form, act, or
   4-26  administrative ruling, or to either or all of them, in the District
   4-27  Court of Travis County, Texas, and not elsewhere, against the
   4-28  Commissioner <State Board of Insurance> as defendant.  Judicial
   4-29  review of a ruling, action, decision, regulation, order, rate,
   4-30  rule, form, act, or administrative ruling of the Commissioner
   4-31  <Board> is subject to the substantial evidence rule and shall be
   4-32  conducted under the Administrative Procedure and Texas Register Act
   4-33  (Article 6252-13a, Vernon's Texas Civil Statutes).  The filing of a
   4-34  petition for judicial review of a ruling, action, decision,
   4-35  regulation, order, rate, rule, form, act, or administrative ruling
   4-36  of the Commissioner <Board> under this subsection does not vacate a
   4-37  decision of the Commissioner <Board>.  After notice and hearing,
   4-38  the court may vacate the decision of the Commissioner <Board> if
   4-39  the court finds it would serve the interest of justice to do so.
   4-40  Any party to the action may appeal to the Appellate Court having
   4-41  jurisdiction of the cause and the appeal shall be at once
   4-42  returnable to the Appellate Court having jurisdiction of the cause
   4-43  and the action so appealed shall have precedence in the Appellate
   4-44  Court over all causes of a different character therein pending.
   4-45        (b)  The Commissioner <Board> is not required to give any
   4-46  appeal bond in any cause arising under this article <hereunder>.
   4-47        Art. 1.04A.  SALARIED EXAMINERS.  <(g)>  In making
   4-48  examinations of any insurance organization as provided by law, the
   4-49  department may use its own salaried examiners or may use the
   4-50  services of persons or firms qualified to perform such examinations
   4-51  or assist in the performance of such examinations.  Such
   4-52  examination shall cover the period of time that the department
   4-53  requests.  In the event the department does not specify a longer
   4-54  period of time, such examination shall be from the time of the last
   4-55  examination theretofore made by the department to December 31st of
   4-56  the year preceding the examination then being made.  All fees paid
   4-57  to those persons or firms whose services are used shall be paid at
   4-58  the usual and customary rates charged for the performance of those
   4-59  services, subject to the right of the Commissioner <Board> to
   4-60  disapprove for payment any fees that are excessive in relation to
   4-61  the services actually performed.  Such payment shall be made by the
   4-62  insurance organization being examined and all such examination fees
   4-63  so paid shall be allowed as a credit on the amount of premium or
   4-64  other taxes to be paid by any such insurance organization for the
   4-65  taxable year during which examination fees are paid just as
   4-66  examination fees are credited when the department uses its own
   4-67  salaried examiners.
   4-68        Art. 1.04B.  POLICY HOLDER COMPLAINTS.  <(h)>  The department
   4-69  shall establish a program to facilitate resolution of policy holder
   4-70  complaints.
    5-1        Art. 1.04C.  PUBLIC ACCESS.  (a)  The Commissioner shall
    5-2  prepare and maintain a written plan that describes how a person who
    5-3  does not speak English can be provided reasonable access to the
    5-4  department's programs.  The department shall also comply with
    5-5  federal and state laws for program and facility accessibility.
    5-6        (b)  The Commissioner shall develop and implement policies
    5-7  that provide the public with a reasonable opportunity to appear
    5-8  before the Commissioner and to speak on any issue under the
    5-9  jurisdiction of the Commissioner.
   5-10        SECTION 1.04.  Chapter 1, Insurance Code, is amended by
   5-11  amending Articles 1.06A and 1.06B,  and adding Article 1.06AA to
   5-12  read as follows:
   5-13        Art. 1.06A.  Conflict of Interest; Trade Associations.
   5-14  (a)  An <A member of the State Board of Insurance, the
   5-15  commissioner, or an employee of the department may not be an>
   5-16  officer, employee, or paid consultant of a trade association in the
   5-17  field of insurance may not be commissioner or an employee of the
   5-18  department who is exempt from the state's position classification
   5-19  plan or is compensated at or above the amount prescribed by the
   5-20  General Appropriations Act for step 1, salary group 17, of the
   5-21  position classification salary schedule <industry>.
   5-22        (b)  A person who is the spouse of an officer, manager, or
   5-23  paid consultant of a trade association in the field of insurance
   5-24  may not be commissioner or a department employee who is exempt from
   5-25  the state's position classification plan or is compensated at or
   5-26  above the amount prescribed by the General Appropriations Act for
   5-27  step 1, salary group 17, of the position classification salary
   5-28  schedule.
   5-29        (c)  For purposes of this article, a trade association is a
   5-30  nonprofit, cooperative, and voluntarily joined association of
   5-31  business or professional competitors designed to assist its members
   5-32  and its industry or profession in dealing with mutual business or
   5-33  professional problems and in promoting their common interest.
   5-34        Art. 1.06AA.  CONFLICT OF INTEREST; EXEMPT EMPLOYEES.  A
   5-35  <Any> person <whose employment commences after the effective date
   5-36  of this Act> may not be <appointed as a member of the State Board
   5-37  of Insurance or> employed in an exempt salary position as defined
   5-38  by the General Appropriations Act who at the time of <appointment
   5-39  or> employment resides in the same household as a person who is an
   5-40  officer, managerial employee, or paid consultant in the insurance
   5-41  industry.
   5-42        Art. 1.06B.  Lobbying Activities.  A person may not serve as
   5-43  commissioner or act as the general counsel to the commissioner if
   5-44  the person <who> is required to register as a lobbyist under
   5-45  Chapter 305, Government Code, because of the person's <by virtue of
   5-46  his> activities for compensation <in or> on behalf of a profession
   5-47  related to the operation of the department <may not serve as a
   5-48  member of the board or act as the general counsel to the board>.
   5-49        SECTION 1.05.  Article 1.09, Insurance Code, is amended by
   5-50  amending Subsections (a), (b), (f), (g), and (h) and by adding
   5-51  Subsections (i), (j), and (k) to read as follows:
   5-52        (a)  The Commissioner of Insurance is <Board shall appoint a
   5-53  commissioner of insurance, who shall be> the department's chief
   5-54  executive and administrative officer charged with the primary
   5-55  responsibility of administering, enforcing, and carrying out the
   5-56  provisions of the Insurance Code, other insurance laws of this
   5-57  state, and other laws providing jurisdiction in or applicable to
   5-58  the department or commissioner, except for responsibilities
   5-59  relating to the reporting, collection, enforcement, and
   5-60  administration of taxes and certain fees as described under this
   5-61  code or another insurance law of this state that are assigned to
   5-62  the comptroller of public accounts <under the general supervision
   5-63  and direction of the Board.  He shall hold his position at the
   5-64  pleasure of the Board and may be discharged at any time>.
   5-65        (b)  The governor, with the advice and consent of the senate,
   5-66  shall appoint the commissioner for a two-year term ending on
   5-67  February 1 of each odd-numbered year.  The commissioner must
   5-68  <Commissioner of Insurance shall be a resident citizen of Texas,
   5-69  for at least one (1) year immediately prior to his/her appointment
   5-70  and shall> be a competent and experienced administrator, <who
    6-1  shall> be well informed and qualified in the field of insurance and
    6-2  insurance regulation,<.  He/she shall> have had at least 10 <ten
    6-3  (10)> years of <administrative or professional> experience as an
    6-4  executive in the administration of business or government, or as a
    6-5  practicing attorney or certified public accountant, and at least
    6-6  five years of that <shall have had training and> experience in the
    6-7  field of insurance or insurance regulation.  The appointment of the
    6-8  commissioner shall be made without regard to the race, color,
    6-9  disability, sex, religion, age, or national origin of the
   6-10  appointee.  No former or present member of the State Board of
   6-11  Insurance shall be appointed commissioner <Commissioner of
   6-12  Insurance>.  A person is not eligible for appointment as
   6-13  commissioner if the person, the person's spouse, or any person that
   6-14  resides in the same household as the person:
   6-15              (1)  is registered, certified, or licensed by the
   6-16  department;
   6-17              (2)  is employed by or participates in the management
   6-18  of a business entity or other organization regulated by the
   6-19  department or receiving funds from the department;
   6-20              (3)  owns or controls, directly or indirectly, more
   6-21  than a 10 percent interest in a business entity or other
   6-22  organization regulated by the department or receiving funds from
   6-23  the department; or
   6-24              (4)  uses or receives a substantial amount of tangible
   6-25  goods, services, or funds from the department, other than
   6-26  compensation or reimbursement authorized by law.
   6-27        (f)  The commissioner shall appoint such deputies,
   6-28  assistants, and other personnel as are necessary to carry out the
   6-29  duties and functions devolving upon the commissioner <him> and the
   6-30  department under the Insurance Code, other insurance laws of this
   6-31  state, and other laws providing jurisdiction in or applicable to
   6-32  the department or the commissioner, subject to the authorization by
   6-33  the Legislature in its appropriations bills or otherwise<, and to
   6-34  the rules of the Board>.  A person appointed under this subsection
   6-35  must have the professional, administrative, and insurance
   6-36  experience necessary to qualify the person for the particular
   6-37  position to which the person is appointed.  An associate or deputy
   6-38  commissioner, or a person holding an equivalent position, must have
   6-39  at least five years of the experience required for appointment as
   6-40  Commissioner of Insurance under Subsection (b) of this article and
   6-41  at least two years of this experience must be in work related to
   6-42  the position to be held.
   6-43        (g)  The commissioner or the commissioner's <his> designee
   6-44  shall develop an intra-agency <intraagency> career ladder program.
   6-45  The program shall require intra-agency posting of all nonentry
   6-46  level positions concurrently with any public posting<, one part of
   6-47  which shall be the intraagency posting of each nonentry level
   6-48  classified position for at least five days before the position is
   6-49  filled.  Notwithstanding any other law to the contrary, a posting
   6-50  of a position is not required in the case of:>
   6-51              <(1)  a lateral intraagency transfer; or>
   6-52              <(2)  the promotion of a present employee to a position
   6-53  in a higher pay group because of the employee's ability to assume
   6-54  greater job responsibilities or additional duties or the employee's
   6-55  greater expertise rather than for the mere purpose of filling an
   6-56  existing vacancy>.
   6-57        (h)  The commissioner or the commissioner's <his> designee
   6-58  shall develop a system of annual performance evaluations <reviews
   6-59  that evaluate both the quality and quantity of the job tasks
   6-60  performed>.  All merit pay for department employees must be based
   6-61  on the system established under this subsection <section>.
   6-62        (i)  It is a ground for removal from office if the
   6-63  commissioner:
   6-64              (1)  does not have at the time of appointment the
   6-65  qualifications required by Subsection (b) of this section;
   6-66              (2)  does not maintain during service as commissioner
   6-67  the qualifications required by Subsection (b) of this section;
   6-68              (3)  violates a prohibition established by Subsection
   6-69  (b) of this section or Article 1.06, 1.06A, or 1.06B of this code;
   6-70  or
    7-1              (4)  cannot discharge the commissioner's duties for a
    7-2  substantial part of the term for which the commissioner is
    7-3  appointed because of illness or disability.
    7-4        (j)  The validity of an action of the commissioner or the
    7-5  department is not affected by the fact that it is taken when a
    7-6  ground for removal of the commissioner exists.
    7-7        (k)  If a court determines that an appointee does not satisfy
    7-8  the experience requirements of Subsection (b) of this article, the
    7-9  time the appointee serves as Commissioner of Insurance may not be
   7-10  counted towards the required experience and the appointment
   7-11  terminates on the date of the determination.  Not later than the
   7-12  first anniversary of the date on which an appointee assumes the
   7-13  duties of Commissioner of Insurance, a member of the legislature or
   7-14  any insurer holding a certificate of authority issued by the
   7-15  department may contest the qualifications of the appointee in a
   7-16  proceeding brought in a district court in Travis County.  If a
   7-17  court makes a finding that an appointee does not satisfy the
   7-18  experience requirements, the appointee may not be appointed to
   7-19  serve as Commissioner of Insurance after the date of that finding.
   7-20        SECTION 1.06.  Article 1.09-1(b), Insurance Code, is amended
   7-21  to read as follows:
   7-22        (b)  <In all rate hearings and policy form proceedings before
   7-23  the Board, except for those rate hearings and proceedings as
   7-24  provided in Subsections (g) and (h), Article 1.35A, of this code,
   7-25  the Attorney General may intervene in the public interest.>  The
   7-26  Commissioner <Board> shall have and exercise the power of subpoena
   7-27  and subpoena duces tecum for witnesses, documents, and other
   7-28  evidence to the extent of the jurisdiction of this state for such
   7-29  hearings and proceedings on its own motion <or upon application of
   7-30  the Attorney General>.
   7-31        SECTION 1.07.  Article 1.10, Insurance Code, is amended to
   7-32  read as follows:
   7-33        Art. 1.10.  DUTIES OF THE DEPARTMENT <BOARD>.  In addition to
   7-34  the other duties required of the Department, the Department <Board,
   7-35  it> shall perform duties as follows:
   7-36              1.  Shall Execute the Laws.  See that all laws
   7-37  respecting insurance and insurance companies are faithfully
   7-38  executed.
   7-39              2.  File Articles of Incorporation and Other Papers.
   7-40  File and preserve in its office all acts or articles of
   7-41  incorporation of insurance companies and all other papers required
   7-42  by law to be deposited with the Department <Board> and, upon
   7-43  application of any party interested therein, furnish certified
   7-44  copies thereof upon payment of the fees prescribed by law.
   7-45              3.  Shall Calculate Reserve.  For every company
   7-46  transacting any kind of insurance business in this State, for which
   7-47  no basis is prescribed by law, the Department <Board> shall
   7-48  calculate the reinsurance reserve upon the same basis prescribed in
   7-49  Article 6.01 of this code as to companies transacting fire
   7-50  insurance business.
   7-51              4.  To Calculate Re-insurance Reserve.  On the
   7-52  thirty-first day of December of each and every year, or as soon
   7-53  thereafter as may be practicable, the Department <Board> shall have
   7-54  calculated in the Department <its office> the re-insurance reserve
   7-55  for all unexpired risks of all insurance companies organized under
   7-56  the laws of this state, or transacting business in this state,
   7-57  transacting any kind of insurance other than life, fire, marine,
   7-58  inland, lightning or tornado insurance, which calculation shall be
   7-59  in accordance with the provisions of Paragraph 3 hereof.
   7-60              5.  When a Company's Surplus is Impaired.  No
   7-61  impairment of the capital stock of a stock company shall be
   7-62  permitted.  No impairment of the surplus of a stock company, or of
   7-63  the minimum required aggregate surplus of a mutual, Lloyd's, or
   7-64  reciprocal insurer, shall be permitted in excess of that provided
   7-65  by this section.  Having charged against a company other than a
   7-66  life insurance company, the reinsurance reserve, as prescribed by
   7-67  the laws of this State, and adding thereto all other debts and
   7-68  claims against the company, the Commissioner shall, (i) if it is
   7-69  determined that the surplus required by Article 2.02 or 2.20 of
   7-70  this code of a stock company doing the kind or kinds of insurance
    8-1  business set out in its Certificate of Authority is impaired to the
    8-2  extent of more than fifty (50%) per cent of the required surplus
    8-3  for a capital stock insurance company, or is less than the minimum
    8-4  level of surplus required by Commissioner <Board> promulgated
    8-5  risk-based capital and surplus regulations, or (ii) if it is
    8-6  determined that the required aggregate surplus of a reciprocal or
    8-7  mutual company, or the required aggregate of guaranty fund and
    8-8  surplus of a Lloyd's company, other than a life insurance company,
    8-9  doing the kind or kinds of insurance business set out in its
   8-10  Certificate of Authority is impaired to the extent of more than
   8-11  twenty-five per cent (25%) of the required aggregate surplus, or is
   8-12  less than the minimum level of surplus required by Commissioner
   8-13  <Board> promulgated risk-based capital and surplus regulations, the
   8-14  Commissioner shall order the company to remedy the impairment of
   8-15  surplus to acceptable levels specified by the Commissioner or to
   8-16  cease to do business within this State.  The Commissioner shall
   8-17  thereupon immediately institute such proceedings as may be
   8-18  necessary to determine what further actions shall be taken in the
   8-19  case.
   8-20              6.  Shall Publish Results of Investigation.  The
   8-21  Department <Board> shall publish the result of an <its> examination
   8-22  of the affairs of any company whenever the Commissioner <Board>
   8-23  deems it for the interest of the public.
   8-24              7.  May Order Sanctions.  (a)  After notice and
   8-25  opportunity for a hearing, the Commissioner <State Board of
   8-26  Insurance> may cancel or revoke any permit, license, certificate of
   8-27  authority, certificate of registration, or other authorization
   8-28  issued or existing under its authority or the authorization of this
   8-29  Code if the holder or possessor of same is found to be in violation
   8-30  of, or to have failed to comply with, a specific provision of the
   8-31  Code or any duly promulgated rule or regulation of the Commissioner
   8-32  <State Board of Insurance>.  In lieu of such cancellation or
   8-33  revocation, the Commissioner <State Board of Insurance> may order
   8-34  one or more of the following sanctions if it determines from the
   8-35  facts that such would be more fair, reasonable, or equitable:
   8-36                          (1)  Suspend such authorization for a time
   8-37  certain, not to exceed one year;
   8-38                          (2)  Order the holder or possessor of such
   8-39  authorization to cease and desist from the specified activity
   8-40  determined to be in violation of specific provisions of this Code
   8-41  or rules and regulations of the Commissioner <State Board of
   8-42  Insurance> or from failure to comply with such provisions of this
   8-43  Code or such rules and regulations;
   8-44                          (3)  Direct the holder or possessor of such
   8-45  authorization to pay an administrative penalty in accordance with
   8-46  Article 1.10E of this code <remit within a specified time, not to
   8-47  exceed sixty (60) days, a specified monetary forfeiture not to
   8-48  exceed Twenty-five Thousand ($25,000) Dollars for such violation or
   8-49  failure to comply>; or
   8-50                          (4)  Direct the holder or possessor of such
   8-51  authorization to make complete restitution to all Texas residents,
   8-52  Texas insureds, and entities operating in Texas harmed by the
   8-53  violation or failure to comply.
   8-54                    (b)  Restitution under Subdivision (4) of
   8-55  Subsection (a) must be made in the form and amount and within the
   8-56  period determined by the Commissioner <State Board of Insurance>.
   8-57                    (c)  <Any monetary forfeiture paid as a result of
   8-58  an order issued pursuant to Subdivision (3) of Subsection (a) shall
   8-59  be deposited with the State Treasurer to the credit of the General
   8-60  Revenue Fund.>
   8-61                    <(d)>  If it is found after hearing that any
   8-62  holder or possessor has failed to comply with an order issued
   8-63  pursuant to Subsection (a), the Commissioner <State Board of
   8-64  Insurance> shall, unless its order is lawfully stayed, cancel all
   8-65  authorizations of such holder or possessor.
   8-66                    (d) <(e)>  The Commissioner may <State Board of
   8-67  Insurance shall have authority to> informally dispose of any matter
   8-68  specified in this section by consent order, agreed settlement,
   8-69  stipulations, or default.  An informal disposition or consent order
   8-70  may include a provision under which the holder or possessor agrees
    9-1  to a sanction under this section with the express reservation that:
    9-2                          (1)  the holder or possessor is not
    9-3  admitting any violation of this code or of a rule or regulation;
    9-4  and
    9-5                          (2)  the existence of a violation is in
    9-6  dispute.
    9-7                    (e) <(f)>  The Commissioner <Board> shall give
    9-8  notice of any action taken pursuant to this section to the
    9-9  Insurance Commissioner or other similar officer of every state.
   9-10                    (f) <(g)>  The authority vested in the
   9-11  Commissioner <State Board of Insurance> in this Article shall be in
   9-12  addition to and not in lieu of any other authority to enforce or
   9-13  cause to be enforced any sanctions, penalties, fines, forfeitures,
   9-14  denials, suspensions, or revocations otherwise authorized by law,
   9-15  and shall be applicable to every form of authorization to any
   9-16  person or entity holding or possessing the same.
   9-17                    (g) <(h)>  This section applies to all companies
   9-18  regulated by the Commissioner, <State Board of Insurance> including
   9-19  but not limited to domestic and foreign, stock and mutual life,
   9-20  health, and accident insurance companies; domestic and foreign,
   9-21  stock and mutual, fire and casualty insurance companies; Mexican
   9-22  casualty companies; domestic and foreign Lloyd's plan insurers;
   9-23  domestic and foreign reciprocal or interinsurance exchanges;
   9-24  domestic and foreign fraternal benefit societies; domestic and
   9-25  foreign title insurance companies; attorney's title insurance
   9-26  companies; stipulated premium insurance companies; nonprofit legal
   9-27  service corporations; health maintenance organizations; statewide
   9-28  mutual assessment companies; local mutual aid associations; local
   9-29  mutual burial associations; exempt associations under Article 14.17
   9-30  of this Code; nonprofit hospital, medical, or dental service
   9-31  corporations including but not limited to companies subject to
   9-32  Chapter 20 of this Code; county mutual insurance companies; and
   9-33  farm mutual insurance companies.  Also, this section applies to all
   9-34  agents of those companies and generally to all other individuals,
   9-35  corporations, associations, partnerships, and other natural or
   9-36  artificial persons engaged in the business of insurance or that
   9-37  hold a permit, certificate, registration, license, or other
   9-38  authority under this Code or that are regulated by the Commissioner
   9-39  <State Board of Insurance>.
   9-40              8.  Report to Attorney General.  The Department <It>
   9-41  shall report promptly and in detail to the Attorney General any
   9-42  violation of law relative to insurance companies or the business of
   9-43  insurance.
   9-44              9.  Shall Furnish Blanks.  The Department <It> shall
   9-45  furnish to the companies required to report to the Department
   9-46  <Board> the necessary blank forms for the statements required.
   9-47              10.  Shall Keep Records.  The Department <It> shall
   9-48  preserve in a permanent form a full record of the Department's
   9-49  <its> proceedings and a concise statement of the condition of each
   9-50  company or agency visited or examined.
   9-51              11.  Give Certified Copies.  At the request of any
   9-52  person, and on the payment of the legal fee, the Department <Board>
   9-53  shall give certified copies of any record or papers in its office,
   9-54  when the Commissioner <it> deems it not prejudicial to public
   9-55  interest and shall give such other certificates as are provided for
   9-56  by law.  The fees collected by the Department <Board> under this
   9-57  section shall be deposited in the State Treasury to the credit of
   9-58  the Texas Department <State Board> of Insurance operating fund.
   9-59              12.  Report to Governor and Legislature.  The
   9-60  Department shall file annually with the Governor and the presiding
   9-61  officer of each house of the Legislature a complete and detailed
   9-62  written report accounting for all funds received and disbursed by
   9-63  the Department during the preceding fiscal year.  The annual report
   9-64  must be in the form and reported in the time provided by the
   9-65  General Appropriations Act.  The report shall also contain the
   9-66  Commissioner's <It shall report annually to the Governor the
   9-67  receipts and expenses of its department for the year, its> official
   9-68  acts, the condition of companies doing business in this State, and
   9-69  such other information as will exhibit the affairs of the
   9-70  Department <said department>.  <Upon specific request by the
   10-1  Governor, the Board shall report the names and compensations of its
   10-2  clerks.>
   10-3              13.  Send Copies of Reports To.  The Department <Board>
   10-4  shall send a copy of the <its> annual report to the Insurance
   10-5  Commissioner or other similar officer of every state and, on
   10-6  request, shall send a copy to each company doing business in Texas.
   10-7              14.  Report Laws to Other States.  On request, the
   10-8  Department <it> shall communicate to the Insurance Commissioner or
   10-9  other similar officer of any other state, in which the substantial
  10-10  provisions of the law of this State relative to insurance have
  10-11  been, or shall be, enacted, any facts which by law it is his duty
  10-12  to ascertain respecting the companies of this State doing business
  10-13  within such other state.
  10-14              15.  See That No Company Does Business.  The
  10-15  Commissioner <It> shall see that no company is permitted to
  10-16  transact the business of life insurance in this State whose charter
  10-17  authorizes it to do a fire, marine, lightning, tornado, or inland
  10-18  insurance business, and that no company authorized to do a life
  10-19  insurance business in this State be permitted to take fire, marine
  10-20  or inland risks.
  10-21              16.  Admit Mutual Companies.  The Commissioner <Board>
  10-22  shall admit into this State mutual insurance companies engaged in
  10-23  cyclone, tornado, hail and storm insurance which are organized
  10-24  under the laws of other states and which have Two Million
  10-25  ($2,000,000.00) Dollars assets in excess of liabilities.
  10-26              17.  Voluntary Deposits.  (a)  In the event any
  10-27  insurance company organized and doing business under the provisions
  10-28  of this Code shall be required by any other state, country or
  10-29  province as a requirement for permission to do an insurance
  10-30  business therein to make or maintain a deposit with an officer of
  10-31  any state, country, or province, such company, at its discretion,
  10-32  may voluntarily deposit with the State Treasurer such securities as
  10-33  may be approved by the Commissioner of Insurance to be of the type
  10-34  and character authorized by law to be legal investments for such
  10-35  company, or cash, in any amount sufficient to enable it to meet
  10-36  such requirements.  The State Treasurer is hereby authorized and
  10-37  directed to receive such deposit and hold it exclusively for the
  10-38  protection of all policyholders or creditors of the company
  10-39  wherever they may be located, or for the protection of the
  10-40  policyholders or creditors of a particular state, country or
  10-41  province, as may be designated by such company at the time of
  10-42  making such deposit.  The company may, at its option, withdraw such
  10-43  deposit or any part thereof, first having deposited with the
  10-44  Treasurer, in lieu thereof, other securities of like class and of
  10-45  equal amount and value to those withdrawn, which withdrawal and
  10-46  substitution must be approved by the Commissioner of Insurance.
  10-47  The proper officer of each insurance company making such deposit
  10-48  shall be permitted at all reasonable times to examine such
  10-49  securities and to detach coupons therefrom, and to collect interest
  10-50  thereon, under such reasonable rules and regulations as may be
  10-51  prescribed by the State Treasurer and the Commissioner of
  10-52  Insurance.  Any deposit so made for the protection of policyholders
  10-53  or creditors of a particular state, country or province shall not
  10-54  be withdrawn, except by substitution as provided above, by the
  10-55  company, except upon filing with the Commissioner of Insurance
  10-56  evidence satisfactory to him that the company has withdrawn from
  10-57  business, and has no unsecured liabilities outstanding or potential
  10-58  policyholder liabilities or obligations in such other state,
  10-59  country or province requiring such deposit, and upon the filing of
  10-60  such evidence the company may withdraw such deposit at any time
  10-61  upon the approval of the Commissioner of Insurance.  Any deposit so
  10-62  made for the protection of all policyholders or creditors wherever
  10-63  they may be located shall not be withdrawn, except by substitution
  10-64  as provided above, by the company except upon filing with the
  10-65  Commissioner of Insurance evidence satisfactory to him that the
  10-66  company does not have any unsecured liabilities outstanding or
  10-67  potential policy liabilities or obligations anywhere, and upon
  10-68  filing such evidence the company may withdraw such deposit upon the
  10-69  approval of the Commissioner of Insurance.  For the purpose of
  10-70  state, county and municipal taxation, the situs of any securities
   11-1  deposited with the State Treasurer hereunder shall be in the city
   11-2  and county where the principal business office of such company is
   11-3  fixed by its charter.
   11-4                    (b)  Any voluntary deposit <now> held by the
   11-5  State Treasurer or the Department <State Board of Insurance>
   11-6  heretofore made by any insurance company in this State, and which
   11-7  deposit was made for the purpose of gaining admission to another
   11-8  state, may be considered, at the option of such company, to be
   11-9  hereinafter held under the provisions of this Act.
  11-10                    (c)  When two or more companies merge or
  11-11  consolidate or enter a total reinsurance contract by which the
  11-12  ceding company is dissolved and its assets acquired and liabilities
  11-13  assumed by the surviving company, and the companies have on deposit
  11-14  with the State Treasurer two or more deposits made for identical
  11-15  purposes under this section <either Section 17 of Article 1.10 of
  11-16  the Texas Insurance Code, as amended,> or Article 4739, Revised
  11-17  <Civil> Statutes <of Texas (1925)>, as amended, and now repealed,
  11-18  all such deposits, except the deposit of greatest amount and value,
  11-19  may be withdrawn by the new surviving or reinsuring company, upon
  11-20  proper showing of duplication of such deposits and that the company
  11-21  is the owner thereof.
  11-22                    (d)  Any company which has made a deposit or
  11-23  deposits under this section <Article 1.10, Section 17, Texas
  11-24  Insurance Code, as amended,> or Article 4739, Revised <Civil>
  11-25  Statutes <of Texas (1925)>, as amended and now repealed, shall be
  11-26  entitled to a return of such deposits upon proper application
  11-27  therefor and a showing before the Commissioner that such deposit or
  11-28  deposits are no longer required under the laws of any state,
  11-29  country or province in which such company sought or gained
  11-30  admission to do business upon the strength of a certificate of such
  11-31  deposit <by the State Board of Insurance or its predecessor>.
  11-32                    (e)  Upon being furnished a certified copy of the
  11-33  Commissioner's order issued under Subsection (c) or (d) above, the
  11-34  Treasurer of the State of Texas shall release, transfer and deliver
  11-35  such deposit or deposits to the owner as directed in said order.
  11-36              18.  Complaint File.  The Department <State Board of
  11-37  Insurance> shall keep <maintain> an information file about
  11-38  <relating to> each <written> complaint <that is> filed with the
  11-39  Department concerning an activity that is regulated by the
  11-40  Department or Commissioner <board concerning an activity that is
  11-41  regulated by the board>.
  11-42              19.  Notice of Complaint Status.  If a written
  11-43  complaint is filed with the Department, the Department, at least
  11-44  quarterly and until final disposition of the complaint, shall
  11-45  notify the parties to the complaint of the status of the complaint
  11-46  unless the notice would jeopardize an undercover investigation
  11-47  <State Board of Insurance relating to an activity that is regulated
  11-48  by the board, the board, at least quarterly and until final
  11-49  disposition of the complaint, shall notify the person making the
  11-50  complaint and the person complained against of the status of the
  11-51  complaint unless:>
  11-52                    <(A)  the complaint relates to an entity in
  11-53  supervision, conservatorship, or liquidation; or>
  11-54                    <(B)  giving such notice would jeopardize the
  11-55  investigation of a possible violation of a law that is enforceable
  11-56  by a criminal penalty>.
  11-57              20.  Electronic Transfer of Funds.  The Commissioner
  11-58  <Board> shall adopt rules for the electronic transfer of any taxes,
  11-59  fees, guarantee funds, or other money owed to or held for the
  11-60  benefit of the state and for which the Department has the
  11-61  responsibility to administer under this code or another insurance
  11-62  law of this state.  The Commissioner <Board> shall require the
  11-63  electronic transfer of any amounts held or owed in an amount
  11-64  exceeding $500,000.
  11-65        SECTION 1.08.  Chapter 1, Insurance Code, is amended by
  11-66  adding Articles 1.24D and 1.27 to read as follows:
  11-67        Art. 1.24D.  CONFIDENTIALITY OF UNDERWRITING GUIDELINES.  (a)
  11-68  An insurer may refuse to release underwriting guidelines and
  11-69  information relating to underwriting guidelines if, in the opinion
  11-70  of the insurer, release of the guidelines or information would give
   12-1  an advantage to the insurer's competitors.
   12-2        (b)  The department may request and receive copies of an
   12-3  insurer's underwriting guidelines.  Underwriting guidelines
   12-4  obtained by the department under this subsection are confidential
   12-5  and the department may not make the guidelines available to the
   12-6  public.
   12-7        Art. 1.27.  APPLICATION OF PROVISIONS ADOPTED BY NATIONAL
   12-8  ASSOCIATION OF INSURANCE COMMISSIONERS.  The department may not
   12-9  require an insurer to comply with any rule, regulation, directive,
  12-10  or standard adopted by the National Association of Insurance
  12-11  Commissioners unless application of the rule, regulation,
  12-12  directive, or standard, including policy reserves, is expressly
  12-13  authorized by statute and approved by the commissioner.
  12-14        SECTION 1.09.  Sections 1, 2, 3, 4, and 6, Article 1.31A,
  12-15  Insurance Code, are amended to read as follows:
  12-16        Sec. 1.  Definition <Definitions>.  In this article, "fund"<:>
  12-17              <(1)  "Board" means the State Board of Insurance.>
  12-18              <(2)  "Commissioner" means the commissioner of
  12-19  insurance.>
  12-20              <(3)  "Fund"> means the Texas Department <State Board>
  12-21  of Insurance operating fund.
  12-22        Sec. 2.  Creation of Fund.  The Texas Department <State
  12-23  Board> of Insurance operating fund is a fund <created> in the State
  12-24  Treasury.
  12-25        Sec. 3.  Deposit of Revenues in Fund.  Money received by the
  12-26  commissioner or comptroller <board> from taxes and fees that are
  12-27  required by this code to be credited to the fund and money received
  12-28  by the commissioner <board> from sales, reimbursements, and fees
  12-29  authorized by law other than this code shall be deposited in the
  12-30  fund.
  12-31        Sec. 4.  Certain Money Included.  The money received from
  12-32  sales, reimbursements, and other fees authorized by law other than
  12-33  this code includes money received from the following:
  12-34              (1)  <fees received by the board for filing charters
  12-35  and charter amendments under Article 3914, Revised Statutes, as
  12-36  amended;>
  12-37              <(2)>  fees received by the department <board> for
  12-38  providing copies of public records under Chapter 424, Acts of the
  12-39  63rd Legislature, Regular Session, 1973, as amended (Article
  12-40  6252-17a, Vernon's Texas Civil Statutes);
  12-41              <(3)  money received by the state fire marshal for
  12-42  licenses under Chapter 498, Acts of the 55th Legislature, Regular
  12-43  Session, 1957, as amended (Article 9205, Vernon's Texas Civil
  12-44  Statutes);>
  12-45              (2) <(4)>  money or credits received by the department
  12-46  <board> for surplus or salvage property under Sections 9.04 and
  12-47  9.05, State Purchasing and General Services Act <Chapter 773, Acts
  12-48  of the 66th Legislature, Regular Session, 1979> (Article 601b,
  12-49  Vernon's Texas Civil Statutes);
  12-50              (3) <(5)>  money received by the department <board>
  12-51  from the sale of publications and other printed material under
  12-52  Chapter 248, Acts of the 55th Legislature, Regular Session, 1957
  12-53  (Article 4413(33), Vernon's Texas Civil Statutes);
  12-54              (4) <(6)>  receipts to the department <board> from
  12-55  miscellaneous transactions and sources under Section 403.011 or
  12-56  403.012, Government Code <Article 4344, Revised Statutes>, as
  12-57  amended;
  12-58              (5) <(7)>  money received by the department <board>
  12-59  from charges for postage spent to serve legal process under Section
  12-60  17.025, Civil Practice and Remedies Code <Chapter 288, Acts of the
  12-61  67th Legislature, Regular Session, 1981 (Article 2041b, Vernon's
  12-62  Texas Civil Statutes)>;
  12-63              (6) <(8)>  receipts to the department <board> for
  12-64  furnishing necessary and authorized special or technical services
  12-65  under Chapter 741, Government Code <the Interagency Cooperation
  12-66  Act,> as amended <(Article 4413(32), Vernon's Texas Civil
  12-67  Statutes)>;
  12-68              (7) <(9)>  receipts to the department <board> from the
  12-69  State Treasurer involving warrants for which payment is barred
  12-70  under Chapter 404, Government Code <Article 4371, Revised
   13-1  Statutes>, as amended;
   13-2              (8) <(10)>  money received by the department <board>
   13-3  from sales or reimbursements authorized by the General
   13-4  Appropriations Act; and
   13-5              (9) <(11)>  money received by the department <board>
   13-6  from the sale of any property purchased with money from the <State
   13-7  Board of Insurance operating> fund or a predecessor fund.
   13-8        Sec. 6.  Administration of Fund.  (a)  The commissioner shall
   13-9  administer and may spend money from the fund pursuant to laws of
  13-10  the state, rules adopted by the commissioner <of the board>, and
  13-11  the General Appropriations Act.
  13-12        (b)  The commissioner <board> is responsible for the
  13-13  development and maintenance of an accounting procedure for the
  13-14  receipt, allocation, and disbursement of money deposited in the
  13-15  fund.  The procedure shall require adequate records for the
  13-16  commissioner or comptroller, if applicable, <board> to adjust the
  13-17  tax assessments and fee schedules as authorized by this code and
  13-18  for the State Auditor to determine the source of all receipts and
  13-19  expenditures.
  13-20        SECTION 1.10.  Article 1.35, Insurance Code, is amended to
  13-21  read as follows:
  13-22        Art. 1.35.  Notice of Policyholder Complaint Procedures.
  13-23  (a)  Each insurance policy delivered or issued for delivery in this
  13-24  state <on or after September 1, 1984,> shall be accompanied by a
  13-25  brief written notice of suggested procedure to be followed by the
  13-26  policyholder in the event of a dispute concerning a policyholder's
  13-27  claim or premium.
  13-28        (b)  The notice must include the name and address of the
  13-29  department and the toll-free telephone number maintained under
  13-30  Article 1.35D of this code <State Board of Insurance>.
  13-31        (c)  The commissioner <State Board of Insurance> shall
  13-32  promulgate the proper wording for the written notice.
  13-33        SECTION 1.11.  Article 1.35D(b), Insurance Code, is amended
  13-34  to read as follows:
  13-35        (b)  The department, through the toll-free telephone number,
  13-36  shall provide only the following to the public:
  13-37              (1)  information collected or maintained by the
  13-38  department relating to the number of justified, verified as
  13-39  accurate, and documented as valid complaints received against a
  13-40  particular insurer, as a percentage of the number of insurance
  13-41  policies written by the insurer and in force on the preceding
  13-42  December 31, and the disposition of the complaints;
  13-43              (2)  the rating of the insurer, if any, as published by
  13-44  a nationally recognized rating organization;
  13-45              (3)  the types of coverages available to a consumer
  13-46  through any insurer writing insurance in this state; <and>
  13-47              (4)  the insurer's admitted assets-to-liabilities
  13-48  ratio; and
  13-49              (5)  other appropriate information collected and
  13-50  maintained by the department.
  13-51        SECTION 1.12.  Article 1.37, Insurance Code, is amended to
  13-52  read as follows:
  13-53        Art. 1.37.  INFORMATION CONCERNING DEPARTMENT <STATE BOARD>
  13-54  OF INSURANCE.  The department <State Board of Insurance> shall
  13-55  prepare information of public <consumer> interest describing the
  13-56  <regulatory> functions of the department <board> and describing the
  13-57  department's <board's> procedures by which <consumer> complaints
  13-58  are filed with and resolved by the department <board>.  The
  13-59  department <board> shall make the information available <on
  13-60  request> to the <general> public and appropriate state agencies.
  13-61        SECTION 1.13.  Chapter 1, Insurance Code, is amended by
  13-62  adding Article 1.41 to read as follows:
  13-63        Art. 1.41.  LIMITATION ON DISCIPLINE.  (a)  Except as
  13-64  provided by Subsections (b) and (c) of this article, the department
  13-65  or commissioner may not commence an action to impose a sanction,
  13-66  penalty, or fine, including an administrative penalty, against any
  13-67  insurer, agent, or other licensee subject to the jurisdiction of
  13-68  the department for any conduct that is in violation of this code or
  13-69  another insurance law of this state after the earlier of:
  13-70              (1)  the fifth anniversary of the date on which the
   14-1  conduct occurred; or
   14-2              (2)  the second anniversary of the earlier of:
   14-3                    (A)  the date on which the conduct was first
   14-4  discovered by the department; or
   14-5                    (B)  the date on which the conduct was made known
   14-6  to the department.
   14-7        (b)  The department or commissioner may not commence an
   14-8  action to impose a sanction, penalty, or fine, including an
   14-9  administrative penalty, against any insurer, agent, or other
  14-10  licensee subject to the jurisdiction of the department for any
  14-11  conduct that is in violation of this code or another insurance law
  14-12  of this state and that involves fraud on the part of the insurer,
  14-13  agent, or licensee after the fifth anniversary of the earlier of:
  14-14              (1)  the date on which the conduct was first discovered
  14-15  by the department; or
  14-16              (2)  the date on which the conduct was made known to
  14-17  the department.
  14-18        (c)  This article does not apply to a violation that is
  14-19  ongoing at the time the department seeks to impose the sanction,
  14-20  penalty, or fine.
  14-21        SECTION 1.14.  Chapter 1, Insurance Code, is amended by
  14-22  adding Article 1.03B to read as follows:
  14-23        Art. 1.03B.  FISCAL IMPACT OF DEPARTMENT RULES.  (a)  This
  14-24  article applies to any rule adopted by the commissioner in
  14-25  accordance with the Administrative Procedure and Texas Register Act
  14-26  (Article 6252-13a, Vernon's Texas Civil Statutes).
  14-27        (b)  If the fiscal note or the public benefit-cost note
  14-28  required by Subdivisions (4) and (5), Section 5(a), Administrative
  14-29  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  14-30  Civil Statutes), fails to accurately state the actual costs
  14-31  required, and the actual costs required exceed the costs stated by
  14-32  at least 25 percent of the costs stated, the rule is void effective
  14-33  on the date the rule is adopted.
  14-34        SECTION 1.15.  Section 323.007, Government Code, is amended
  14-35  by adding Subsection (d) to read as follows:
  14-36        (d)  The council shall prepare a revision of the Insurance
  14-37  Code and other insurance laws of this state that are included in
  14-38  Vernon's Texas Insurance Code for consideration by the 75th
  14-39  Legislature during its regular session.  This subsection expires
  14-40  June 1, 1997.
  14-41        SECTION 1.16.  Section 3.22(c), Texas Workers' Compensation
  14-42  Act (Article 8308-3.22, Vernon's Texas Civil Statutes), is amended
  14-43  to read as follows:
  14-44        (c)  The filing required under this section shall be filed
  14-45  with the commission <State Board of Insurance> pursuant to Section
  14-46  3.27 of this Act.
  14-47        SECTION 1.17.  Section 3.25(c), Texas Workers' Compensation
  14-48  Act (Article 8308-3.25, Vernon's Texas Civil Statutes), is amended
  14-49  to read as follows:
  14-50        (c)  The notice required under this section shall be filed
  14-51  with the commission <State Board of Insurance> pursuant to Section
  14-52  3.27 of this Act.
  14-53        SECTION 1.18.  Section 3.26(d), Texas Workers' Compensation
  14-54  Act (Article 8308-3.26, Vernon's Texas Civil Statutes), is amended
  14-55  to read as follows:
  14-56        (d)  The notice required under this section shall be filed
  14-57  with the commission <State Board of Insurance> pursuant to Section
  14-58  3.27 of this Act.
  14-59        SECTION 1.19.  Section 3.27, Texas Workers' Compensation Act
  14-60  (Article 8308-3.27, Vernon's Texas Civil Statutes), is amended to
  14-61  read as follows:
  14-62        Art. 8308-3.27.  Collecting, Maintaining, and Monitoring and
  14-63  Enforcing Compliance <Cooperation between State Board of Insurance
  14-64  and Texas Workers' Compensation Commission>.  (a)  The commission
  14-65  <On and after September 1, 1991, the State Board of Insurance>
  14-66  shall collect and maintain the information required <to be
  14-67  provided> under this chapter and <shall provide this information in
  14-68  the time and manner prescribed by the commission.  The State Board
  14-69  of Insurance> shall monitor compliance with the requirements <and
  14-70  notify the commission of possible violations in the time and manner
   15-1  prescribed by the commission>.  The commission <State Board of
   15-2  Insurance> is authorized to adopt rules as necessary to enforce
   15-3  this chapter.
   15-4        (b)  The commission shall enforce the administrative
   15-5  penalties established in this chapter according to Article 10 of
   15-6  this Act.
   15-7        SECTION 1.20.  Section 3.28(e), Texas Workers' Compensation
   15-8  Act (Article 8308-3.28, Vernon's Texas Civil Statutes), is amended
   15-9  to read as follows:
  15-10        (e)  The notice required under this section shall be filed
  15-11  with the commission <State Board of Insurance pursuant to Section
  15-12  3.27 of this Act>.
  15-13        SECTION 1.21.  (a)  Sections 3(g) and 4(e), Article 1.10A,
  15-14  Insurance Code, are repealed.
  15-15        (b)  Articles 1.03, 1.05, 1.06D, and 1.08, Insurance Code,
  15-16  are repealed.
  15-17        (c)  Subsection (e), Article 1.09, Insurance Code, is
  15-18  repealed.
  15-19        SECTION 1.22.  (a)  This section applies to any act of the
  15-20  State Board of Insurance performed before September 1, 1994, that,
  15-21  after September 1, 1994, is an act that shall or may be performed
  15-22  only by the commissioner of insurance, including:
  15-23              (1)  issuance of a license, certificate, or other
  15-24  similar form of permission;
  15-25              (2)  promulgation of a rule, standard, regulation, or
  15-26  order;
  15-27              (3)  promulgation or approval of policy forms or policy
  15-28  form endorsements; or
  15-29              (4)  adoption or approval of a plan of operation for an
  15-30  organization subject to the jurisdiction of the Texas Department of
  15-31  Insurance.
  15-32        (b)  An act governed by this section remains in effect until:
  15-33              (1)  it expires under its own terms or in accordance
  15-34  with applicable law; or
  15-35              (2)  it is superseded by an act of the commissioner of
  15-36  insurance.
  15-37        SECTION 1.23.  (a)  As soon as possible on or after the
  15-38  effective date of this Act, but not later than March 1, 1994, the
  15-39  governor shall appoint a commissioner of insurance.  The initial
  15-40  term of the commissioner ends on February 1, 1995.
  15-41        (b)  On the effective date of this Act, the commissioner of
  15-42  insurance serving immediately before the effective date of this Act
  15-43  shall assume authority over any area of activity of the Texas
  15-44  Department of Insurance not subject to the authority of the State
  15-45  Board of Insurance under Subsection (c) of this section.
  15-46        (c)  On the effective date of this Act, the State Board of
  15-47  Insurance serving immediately before the effective date of this Act
  15-48  shall relinquish authority over all areas of activity of the Texas
  15-49  Department of Insurance except:
  15-50              (1)  promulgation and approval of rates;
  15-51              (2)  promulgation and approval of policy forms and
  15-52  policy form endorsements; and
  15-53              (3)  hearings, proceedings, and rules related to the
  15-54  activities described by Subdivision (1) or (2) of this section.
  15-55        (d)  On the date a commissioner of insurance is appointed
  15-56  under Subsection (a) of this section, that commissioner shall
  15-57  assume the authority granted to the commissioner under Subsection
  15-58  (b) of this section.  On and after that date, the commissioner
  15-59  shall cooperate with the State Board of Insurance to assume the
  15-60  authority granted to the board under Subsection (c) of this section
  15-61  and shall adopt rules as necessary to govern those activities in
  15-62  accordance with Article 1.33C, Insurance Code, as added by this
  15-63  Act.  As soon as possible after the appointment of the commissioner
  15-64  under Subsection (a) of this section but not later than September
  15-65  1, 1994, the commissioner shall assume the authority granted to the
  15-66  board under Subsection (c) of this section.  After the commissioner
  15-67  has assumed this authority, the board may advise the commissioner
  15-68  with respect to that authority.
  15-69        (e)  A decision, rate, rule, or other act of the State Board
  15-70  of Insurance is appealable in the same manner as a decision of the
   16-1  commissioner of insurance under Article 1.04, Insurance Code, as
   16-2  amended by this Act.
   16-3        (f)  Effective September 1, 1994, the State Board of
   16-4  Insurance is abolished.
   16-5        SECTION 1.24.  On the effective date of this Act, the
   16-6  comptroller shall redesignate the State Board of Insurance
   16-7  operating fund (Fund No. 36) as the Texas Department of Insurance
   16-8  operating account in the general revenue fund.  All money in the
   16-9  State Board of Insurance operating fund on the effective date of
  16-10  this Act shall be transferred to the Texas Department of Insurance
  16-11  operating account.
  16-12     ARTICLE 2.  TRANSFER OF CERTAIN FUNCTIONS TO STATE OFFICE OF
  16-13                        ADMINISTRATIVE HEARINGS
  16-14        SECTION 2.01.  Chapter 1, Insurance Code, is amended by
  16-15  adding Article 1.33B to read as follows:
  16-16        Art. 1.33B.  CERTAIN HEARINGS HELD BY STATE OFFICE OF
  16-17  ADMINISTRATIVE HEARINGS.  (a)  This article does not apply to a
  16-18  hearing or proceeding:
  16-19              (1)  relating to the approval or review of rates or
  16-20  rating manuals filed by individual companies, unless they are
  16-21  contested;
  16-22              (2)  relating to the promulgation of rules;
  16-23              (3)  relating to the promulgation or approval of a
  16-24  policy form or policy form endorsement;
  16-25              (4)  relating to the adoption or approval of a plan of
  16-26  operation for an organization subject to the jurisdiction of the
  16-27  department; or
  16-28              (5)  conducted in accordance with Article 1.04D of this
  16-29  code.
  16-30        (b)  The State Office of Administrative Hearings established
  16-31  under Chapter 591, Acts of the 72nd Legislature, Regular Session,
  16-32  1991 (Article 6252-13f, Vernon's Texas Civil Statutes), and its
  16-33  subsequent amendments shall conduct any administrative hearing
  16-34  required to be held or that may be held under this code or another
  16-35  insurance law of this state.  This article applies only to hearings
  16-36  required to be held before a decision may be rendered or action
  16-37  taken by the commissioner or the department; provided that,
  16-38  notwithstanding any other provision of this code, any interested
  16-39  party may require that such proceeding be conducted under the
  16-40  provisions of the Administrative Procedure and Texas Register Act
  16-41  (Article 6252-13a, Vernon's Texas Civil Statutes).
  16-42        (c)(1)  Rate promulgation proceedings shall be governed by
  16-43  the provisions of this subsection and shall be treated as a
  16-44  contested case under the Administrative Procedure and Texas
  16-45  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
  16-46  Accordingly, the procedures before the commissioner shall be guided
  16-47  by the principles and procedures for contested cases as provided in
  16-48  the Administrative Procedure and Texas Register Act (Article
  16-49  6252-13a, Vernon's Texas Civil Statutes) and the Texas Rules of
  16-50  Civil Procedure to the extent not inconsistent with the provisions
  16-51  of this subsection.
  16-52              (2)  Opportunity must be afforded all interested
  16-53  parties to respond to and present evidence and argument concerning
  16-54  all issues involved in the proceeding.  The testimony of a witness,
  16-55  other than an expert witness, may be presented either orally by the
  16-56  witness at the hearing or by affidavit.  Each party to the
  16-57  proceeding shall be accorded the right to cross-examine each
  16-58  witness called to testify by any other party to the proceeding.
  16-59  Accordingly, the attendance of any person providing testimony by
  16-60  affidavit shall be required if any party files a written request
  16-61  that the witness appear for cross-examination.  If the person
  16-62  providing testimony by affidavit fails to appear for
  16-63  cross-examination after the filing of a written request that the
  16-64  person appear, the administrative law judge shall exclude the
  16-65  affidavit from evidence and shall not consider the affidavit of
  16-66  that person for any purpose.  The direct testimony of each expert
  16-67  witness to be called must be prefiled in accordance with a schedule
  16-68  to be established by the administrative law judge.  The
  16-69  administrative law judge shall also establish reasonable deadlines
  16-70  for the filing of affidavits, the designation of witnesses, and
   17-1  such other matters as are necessary or appropriate.
   17-2              (3)  The commissioner may not attempt to influence the
   17-3  administrative law judge's findings of fact, conclusions of law, or
   17-4  the administrative law judge's application of the law to the facts
   17-5  in any proceedings.
   17-6              (4)  The proposal for decision prepared by the
   17-7  administrative law judge, which shall include the proposed findings
   17-8  of fact and conclusions of law, shall be served by registered mail
   17-9  upon the parties by the administrative law judge, and an
  17-10  opportunity shall be given to each party to file exceptions to the
  17-11  proposal and briefs related to the issues addressed in the proposal
  17-12  for decision.
  17-13              (5)  The commissioner shall thereafter in open meeting
  17-14  consider the proposal for decision prepared by the administrative
  17-15  law judge, the exceptions of the parties, and the briefs and
  17-16  arguments of the parties.  The commissioner may amend the proposal
  17-17  for decision, including any finding of fact, but any such amendment
  17-18  thereto and the order of the commissioner promulgating the rate
  17-19  shall be based solely upon the record made before the
  17-20  administrative law judge.  Any such amendment by the commissioner
  17-21  shall be accompanied by an explanation of the basis of the
  17-22  amendment.  The commissioner may also refer the matter back to the
  17-23  administrative law judge to reconsider findings and conclusions set
  17-24  forth in the proposal for decision or to take additional evidence
  17-25  or to make additional findings of fact or conclusions of law.  The
  17-26  commissioner shall serve a copy of the commissioner's order,
  17-27  including the commissioner's findings of fact and conclusions of
  17-28  law, upon each party.
  17-29        (d)  The commissioner and the chief administrative law judge
  17-30  of the State Office of Administrative Hearings by rule shall adopt
  17-31  a memorandum of understanding governing hearings held by the State
  17-32  Office of Administrative Hearings under this code and other
  17-33  insurance laws of this state.  The memorandum of understanding
  17-34  shall require the chief administrative law judge and the
  17-35  commissioner to cooperate in conducting hearings under this article
  17-36  and may authorize the State Office of Administrative Hearings to
  17-37  perform any procedural act, including giving of notice, that is
  17-38  required to be performed by the commissioner under this code or
  17-39  another insurance law of this state.
  17-40        (e)  Any provision of this code or another insurance law of
  17-41  this state that provides that the commissioner shall take an action
  17-42  at a hearing subject to this article means that the commissioner
  17-43  shall take the action after the receipt of a report from the State
  17-44  Office of Administrative Hearings regarding the hearing conducted
  17-45  by that agency.
  17-46        (f)  This article governs in the event of a conflict with
  17-47  another provision of this code or another insurance law of this
  17-48  state, unless the other provision or insurance law states that this
  17-49  article does not apply.
  17-50        SECTION 2.02.  Chapter 1, Insurance Code, is amended by
  17-51  adding Article 1.33C to read as follows:
  17-52        Art. 1.33C.  RATE AND FORM PROCEEDINGS.  (a)  The
  17-53  commissioner shall adopt rules governing hearings and other
  17-54  proceedings necessary for the promulgation or approval of rates and
  17-55  approval or promulgation of policy forms or policy form
  17-56  endorsements under this code or other insurance laws of this state.
  17-57  The commissioner shall conduct these hearings or proceedings in
  17-58  accordance with the rules adopted under this article.
  17-59        (b)  Rules adopted under this article must comply with this
  17-60  code and any other insurance law of this state and must be adopted
  17-61  in accordance with the Administrative Procedure and Texas Register
  17-62  Act (Article 6252-13a, Vernon's Texas Civil Statutes).
  17-63        (c)  In adopting rules under this article, the commissioner
  17-64  shall consider Article 5.121 of this code.
  17-65        SECTION 2.03.  Article 1.06C, Insurance Code, is amended to
  17-66  read as follows:
  17-67        Art. 1.06C.  PROHIBITED REPRESENTATION.  (a)  A person
  17-68  serving as a member of the former State Board of Insurance <board>,
  17-69  commissioner, general counsel, public counsel, staff employee of a
  17-70  member of the former State Board of Insurance, or an employee of
   18-1  the State Office of Administrative Hearings who is involved in
   18-2  hearing cases under this code or another insurance law of this
   18-3  state <or head of a department division> may not, for a period of
   18-4  one <two> years after the date the person ceases to be a board
   18-5  member, commissioner, general counsel, public counsel, or employee
   18-6  <division head>, represent any person in a matter before the
   18-7  department or receive compensation for services rendered on behalf
   18-8  of any person regarding a matter pending before the department.
   18-9        (b)  <A person, other than a person subject to Subsection (a)
  18-10  of this section, who is employed by the department or board may
  18-11  not, for a period of two years after the date the person terminates
  18-12  service with the department or board, represent any person in a
  18-13  matter before the department or receive compensation for services
  18-14  rendered on behalf of any person regarding a matter pending before
  18-15  the department.  This subsection does apply to an employee exempt
  18-16  from the state's position classification plan, but does not apply
  18-17  to an employee who was compensated at a salary less than the salary
  18-18  prescribed by the General Appropriations Act for step 1, salary
  18-19  group 17, of the position classification salary schedule.>
  18-20        <(c)>  A former member of the former State Board of Insurance
  18-21  <board>, a former commissioner, a former general counsel, a former
  18-22  public counsel, <a former head of a department division,> or a
  18-23  former employee of the board or the State Office of Administrative
  18-24  Hearings <department described by Subsection (b) of this section>
  18-25  may not represent any person or receive compensation for services
  18-26  rendered on behalf of any person regarding a matter with which the
  18-27  former member, commissioner, general counsel, public counsel,
  18-28  division head, or employee was directly concerned during the period
  18-29  of service or employment on or with the board or State Office of
  18-30  Administrative Hearings <department> or as commissioner, either
  18-31  through personal involvement or because the matter was within the
  18-32  member's, commissioner's, general counsel's, public counsel's,
  18-33  <division head's,> or employee's official responsibility while
  18-34  associated with the board or State Office of Administrative
  18-35  Hearings.
  18-36        (c) <(d)>  A former member or employee of the former State
  18-37  Board of Insurance <board> or State Office of Administrative
  18-38  Hearings <department> or a former commissioner, general counsel, or
  18-39  public counsel commits an offense if the former member, employee,
  18-40  commissioner, general counsel, or public counsel violates this
  18-41  section.  An offense under this subsection is a Class A
  18-42  misdemeanor.
  18-43        (d) <(e)>  This section does not apply to an employee of the
  18-44  Texas Department of Insurance whose employment is terminated based
  18-45  on the elimination of the employee's position of employment that is
  18-46  a direct result of a reduction in the agency's workforce.
  18-47        SECTION 2.04.  Article 1.09-4, Insurance Code, is repealed.
  18-48        SECTION 2.05.  (a)  Not later than December 31, 1993, the
  18-49  commissioner of insurance and the chief administrative law judge of
  18-50  the State Office of Administrative Hearings shall adopt the
  18-51  memorandum of understanding required by Article 1.33B, Insurance
  18-52  Code, as added by this Act.
  18-53        (b)  This article applies only to a hearing that is not held
  18-54  before or pending on January 1, 1994.  Unless the commissioner of
  18-55  insurance and the chief administrative law judge of the State
  18-56  Office of Administrative Hearings agree to apply Article 1.33B,
  18-57  Insurance Code, as added by this Act, a hearing that is held before
  18-58  or pending on January 1, 1994, is governed by the law in effect
  18-59  immediately before the effective date of this Act, and that law is
  18-60  continued in effect for this purpose.
  18-61          ARTICLE 3.  TRANSFER OF CERTAIN TAX COLLECTION AND
  18-62             AUDIT FUNCTIONS TO OFFICE OF THE COMPTROLLER
  18-63        SECTION 3.01.  Chapter 1, Insurance Code, is amended by
  18-64  adding Article 1.04D to read as follows:
  18-65        Art. 1.04D.  DUTIES OF COMPTROLLER.  (a)  Except as otherwise
  18-66  expressly provided for in this code or another insurance law of
  18-67  this state, the duties of the department and commissioner relative
  18-68  to the collection, reporting, and administration of taxes and
  18-69  certain fees and assessments imposed under this code or another
  18-70  insurance law of this state are transferred to the comptroller
   19-1  effective September 1, 1993, as specifically provided in this code.
   19-2        (b)  The duties transferred to the comptroller relative to
   19-3  taxes, fees, and assessments imposed under this code or another
   19-4  insurance law of this state relate to the collection, reporting,
   19-5  enforcement, and administration of all such amounts currently
   19-6  provided for under this code or another insurance law of this
   19-7  state, and also of any taxes, fees, or assessments that have been
   19-8  repealed or are otherwise inactive but for which amounts may still
   19-9  be owing or refunds may be due on or after the effective date of
  19-10  this article.
  19-11        (c)  The comptroller may adopt rules to carry out the
  19-12  collection, reporting, enforcement, and administration
  19-13  responsibilities assigned to the comptroller under this code or
  19-14  another insurance law of this state.  The comptroller may also
  19-15  prescribe appropriate report forms, establish or alter tax return
  19-16  due dates not otherwise specifically set forth in this code or
  19-17  another insurance law of this state, and otherwise adapt the
  19-18  functions transferred to the comptroller to increase efficiency and
  19-19  cost-effectiveness.  With respect to rules related to the
  19-20  collection, reporting, enforcement, or otherwise to the
  19-21  administration of taxes imposed under this code, rules adopted by
  19-22  the comptroller shall prevail in the event of conflict with rules,
  19-23  policies, or procedures established by the department, the
  19-24  commissioner, or otherwise.
  19-25        (d)  With respect to the comptroller's performance of the
  19-26  duties relative to the taxes, fees, and assessments imposed under
  19-27  this code or another insurance law of this state, the comptroller
  19-28  has the administrative, enforcement, and collection powers provided
  19-29  by Subtitles A and B, Title 2, Tax Code, and their subsequent
  19-30  amendments.  Except as otherwise expressly provided by this code,
  19-31  those powers are granted to the comptroller without limiting and
  19-32  exclusive of powers granted to the department or the commissioner
  19-33  with respect to other fees and assessments under this code.
  19-34        SECTION 3.02.  Article 1.11(a), Insurance Code, is amended to
  19-35  read as follows:
  19-36        (a)  The commissioner <Board> may, from time to time, make
  19-37  such changes in the forms of the annual statements required of
  19-38  insurance companies of any kind, as shall seem to it best adapted
  19-39  to elicit a true exhibit of their condition and methods of
  19-40  transacting business.  Such form shall elicit only such information
  19-41  as shall pertain to the business of the company.
  19-42        If any annual statement, report, financial statement, <tax
  19-43  return,> or <tax> payment required to be filed or deposited in the
  19-44  offices of the commissioner, or any report, tax return, or payment
  19-45  required to be filed or deposited in the offices of the comptroller
  19-46  <State Board of Insurance>, is delivered by the United States
  19-47  Postal Service to the offices of the commissioner or comptroller,
  19-48  as required, <State Board of Insurance> after the prescribed date
  19-49  on which the annual statement, report, financial statement, tax
  19-50  return, or <tax> payment is to be filed, the date of the United
  19-51  States Postal Service postmark stamped on the cover in which the
  19-52  document <annual statement> is mailed, or any other evidence of
  19-53  mailing authorized by the United States Postal Service reflected on
  19-54  the cover in which the document <annual statement> is mailed, shall
  19-55  be deemed to be the date of filing, unless otherwise specifically
  19-56  made an exception to this general statute.
  19-57        SECTION 3.03.  Section 2(b), Article 1.14-1, Insurance Code,
  19-58  is amended to read as follows:
  19-59        (b)  The provisions of this section do not apply to:
  19-60              1.  The lawful transaction of surplus lines insurance
  19-61  pursuant to Article 1.14-2.
  19-62              2.  The lawful transaction of reinsurance by insurers.
  19-63              3.  Transactions in this state involving a policy
  19-64  lawfully solicited, written, and delivered outside of this state
  19-65  covering only subjects of insurance not resident, located, or
  19-66  expressly to be performed in this state at the time of insurance,
  19-67  and which transactions are subsequent to the issuance of such
  19-68  policy.
  19-69              4.  Transactions involving contracts of insurance
  19-70  independently procured through negotiations occurring entirely
   20-1  outside of this state which are reported and on which premium tax
   20-2  is paid in accordance with this Article.
   20-3              5.  Transactions in this state involving group life,
   20-4  health or accident insurance (other than credit insurance) and
   20-5  group annuities where the master policy of such groups was lawfully
   20-6  issued and delivered in a state in which the company was authorized
   20-7  to do an insurance business and such transactions are authorized by
   20-8  other statutes of this state.
   20-9              6.  Lawful transactions by servicing companies of the
  20-10  Texas workers' compensation employers' rejected risk fund pursuant
  20-11  to Section 4.08, Article 5.76-2.
  20-12              7.  Transactions in this state of an insurance manager
  20-13  or buyer as a full-time salaried employee in placing, managing, and
  20-14  administering insurance and insurance programs solely on behalf of
  20-15  his or her employer, its parent and affiliated companies.
  20-16              8.  Management activities in this state on behalf of a
  20-17  non-admitted captive insurance company that insures solely risks
  20-18  related to or arising out of the business or operations of its
  20-19  parent and affiliated companies.
  20-20        SECTION 3.04.  Section 11(a), Article 1.14-1, Insurance Code,
  20-21  is amended to read as follows:
  20-22        (a)  Except as to premiums on lawfully procured surplus lines
  20-23  insurance and premiums on independently procured insurance on which
  20-24  a tax has been paid pursuant to this Article or Article 1.14-2,
  20-25  every unauthorized insurer shall pay to the comptroller, on a form
  20-26  prescribed by the comptroller, <State Board of Insurance> before
  20-27  March 1 next succeeding the calendar year in which the insurance
  20-28  was so effectuated, continued or renewed or another date as
  20-29  prescribed by the comptroller a premium receipts tax of 4.85
  20-30  percent of gross premiums charged for such insurance on subjects
  20-31  resident, located or to be performed in this state.  Such insurance
  20-32  on subjects resident, located or to be performed in this state
  20-33  procured through negotiations or an application, in whole or in
  20-34  part occurring or made within or from within or outside of this
  20-35  state, or for which premiums in whole or in part are remitted
  20-36  directly or indirectly from within or outside of this state, shall
  20-37  be deemed to be insurance procured, or continued or renewed in this
  20-38  state.  The term "premium" includes all premiums, membership fees,
  20-39  assessments, dues and any other consideration for insurance.  Such
  20-40  tax shall be in lieu of all other insurance taxes.  On default of
  20-41  any such unauthorized insurer in the payment of such tax the
  20-42  insured shall pay the tax.  If the tax prescribed by this
  20-43  subsection is not paid within the time stated, Subtitles A and B,
  20-44  Title 2, Tax Code, and their subsequent amendments, apply <the tax
  20-45  shall be increased by a penalty of 25 percent and by the amount of
  20-46  an additional penalty computed at the rate of one percent per month
  20-47  or any part thereof from the date such payment was due to the date
  20-48  paid>.
  20-49        SECTION 3.05.  Sections 12(a), (c), and (e), Article 1.14-1,
  20-50  Insurance Code, are amended to read as follows:
  20-51        (a)  Every insured who procures or causes to be procured or
  20-52  continues or renews insurance with any unauthorized insurer, or any
  20-53  insured or self-insurer who so procures or continues excess loss,
  20-54  catastrophe or other insurance, upon a subject of insurance
  20-55  resident, located or to be performed within this state, other than
  20-56  insurance procured through a surplus lines agent pursuant to the
  20-57  surplus lines law of this state shall, within 60 days after the
  20-58  date such insurance was so procured, continued or renewed or before
  20-59  a date prescribed by the comptroller, file a report of the same
  20-60  with the comptroller <State Board of Insurance> in writing and upon
  20-61  forms designated by the comptroller <State Board of Insurance> and
  20-62  furnished to such an insured upon request.  The report shall show
  20-63  the name and address of the insured or insureds, name and address
  20-64  of the insurer, the subject of the insurance, a general description
  20-65  of the coverage, the amount of premium currently charged therefor,
  20-66  and such additional pertinent information as is reasonably
  20-67  requested by the comptroller <State Board of Insurance>.
  20-68        (c)  There is hereby levied upon the obligation, chose in
  20-69  action, or right represented by the premium charged for such
  20-70  insurance, a premium receipts tax of 3.85 percent of gross premiums
   21-1  charged for such insurance.  The term "premium" shall include all
   21-2  premiums, membership fees, assessments, dues and any other
   21-3  consideration for insurance.  Such tax shall be in lieu of all
   21-4  other insurance taxes.  The insured shall, before March 1 next
   21-5  succeeding the calendar year in which the insurance was so
   21-6  procured, continued or renewed or another date prescribed by the
   21-7  comptroller, pay the amount of the tax to the comptroller, on a
   21-8  form prescribed by the comptroller <State Board of Insurance>.  In
   21-9  event of cancellation and rewriting of any such insurance contract
  21-10  the additional premium for premium receipts tax purposes shall be
  21-11  the premium in excess of the unearned premium of the canceled
  21-12  insurance contract.
  21-13        (e)  If the insured fails to withhold from the premium the
  21-14  amount of tax herein levied, the insured shall be liable for the
  21-15  amount thereof and shall pay the same to the comptroller <State
  21-16  Board of Insurance> within the time stated in Paragraph (c).  If
  21-17  the tax prescribed by this subsection is not paid within the time
  21-18  stated in Paragraph (c), Subtitles A and B, Title 2, Tax Code, and
  21-19  their subsequent amendments, apply <the tax shall be increased by a
  21-20  penalty of 25 percent and by the amount of an additional penalty
  21-21  computed at the rate of one percent per month or any part thereof
  21-22  from the date such payment was due to the date paid>.
  21-23        SECTION 3.06.  Section 12A, Article 1.14-1, Insurance Code,
  21-24  is amended to read as follows:
  21-25        Sec. 12A.  Exception in Respect of Filing of Reports of Taxes
  21-26  Due.  As respects corporations, the amount of taxes due and payable
  21-27  to the State of Texas under the provisions or under authority of
  21-28  Section 12 of this Article shall be reported directly to the
  21-29  comptroller <State Board of Insurance> and shall be due when the
  21-30  Franchise Tax Report is due or on another date prescribed by the
  21-31  comptroller, any other provision of this Article to the contrary
  21-32  notwithstanding.  All companies or persons other than corporations
  21-33  filing franchise tax returns shall report to the comptroller on or
  21-34  before the date prescribed by the comptroller <State Board of
  21-35  Insurance>.
  21-36        SECTION 3.07.  Sections 12(a) and (d), Article 1.14-2,
  21-37  Insurance Code, are amended to read as follows:
  21-38        (a)  The premiums charged for surplus lines insurance are
  21-39  subject to a premium receipts tax of 4.85 percent of gross premiums
  21-40  charged for such insurance.  The term premium includes all
  21-41  premiums, membership fees, assessments, dues or any other
  21-42  consideration for insurance.  Such tax shall be in lieu of all
  21-43  other insurance taxes.  The surplus lines agent shall collect from
  21-44  the insured the amount of the tax at the time of delivery of the
  21-45  cover note, certificate of insurance, policy or other initial
  21-46  confirmation of insurance, in addition to the full amount of the
  21-47  gross premium charged by the insurer for the insurance.  No agent
  21-48  shall absorb such tax nor shall any agent, as an inducement for
  21-49  insurance or for any other reason, rebate all or any part of such
  21-50  tax or his commission.  The surplus lines agent shall report<,
  21-51  under oath,> to the comptroller <State Board of Insurance> within
  21-52  30 days from the 1st day of January and July of each year the
  21-53  amount of gross premiums paid for such insurance placed through him
  21-54  in nonlicensed insurers, and shall pay to the comptroller <Board>
  21-55  the tax provided for by this Article.  If a surplus lines policy
  21-56  covers risks or exposures only partially in this state, the tax
  21-57  payable shall be computed on the portions of the premium which are
  21-58  properly allocable to the risks or exposures located in this state.
  21-59  In determining the amount of premiums taxable in this state, all
  21-60  premiums written, procured, or received in this state and all
  21-61  premiums on policies negotiated in this state shall be deemed
  21-62  written on property or risks located or resident in this state,
  21-63  except such premiums as are properly allocated or apportioned and
  21-64  reported as taxable premiums of any other state or states.  In
  21-65  event of cancellation and rewriting of any surplus lines insurance
  21-66  contract the additional premium for premium receipts tax purposes
  21-67  shall be the premium in excess of the unearned premium of the
  21-68  canceled insurance contract.
  21-69        (d)  The Attorney General, upon request of the commissioner
  21-70  <State Board of Insurance>, shall proceed in the courts of this or
   22-1  any other state or in any federal court or agency to recover <such>
   22-2  license fees <or tax> not paid within the time prescribed in this
   22-3  Article <section>.  Notwithstanding the preceding sentence,
   22-4  Subtitles A and  B, Title 2, Tax Code, and their subsequent
   22-5  amendments, apply to a tax collected under this Article.
   22-6        SECTION 3.08.  Sections 8 and 9, Article 1.14-3, Insurance
   22-7  Code, are amended to read as follows:
   22-8        Sec. 8.  Maintenance Tax.  (a)  The commissioner <board>
   22-9  annually shall determine the rate of assessment of a maintenance
  22-10  tax to be paid on an annual, <or> semiannual, or other periodic
  22-11  basis, as determined by the comptroller.  The rate of assessment
  22-12  may <basis and shall collect a maintenance tax in an amount> not
  22-13  <to> exceed one percent of the correctly reported gross premiums on
  22-14  all classes of insurance covered by this article and paid through
  22-15  the exchange.  The comptroller shall collect the maintenance tax.
  22-16        (b)  After taking into account the unexpended funds produced
  22-17  by this tax, if any, the commissioner <board> shall adjust the rate
  22-18  of assessment each year to produce the amount of funds that the
  22-19  commissioner <board> estimates will be necessary to pay all the
  22-20  expenses of regulating all classes of insurance covered by this
  22-21  article during the succeeding year.  In making an estimate under
  22-22  this subsection, the commissioner shall take into account the
  22-23  requirement that the general revenue fund be reimbursed under
  22-24  Article 4.19 of this code and its subsequent amendments.
  22-25        (c)  The collected taxes shall be deposited in the State
  22-26  Treasury to the credit of the general revenue fund to be
  22-27  reallocated to the Texas Department <State Board> of Insurance
  22-28  operating fund and shall be spent as authorized by legislative
  22-29  appropriation <only> on warrants issued by the comptroller <of
  22-30  public accounts> pursuant to duly certified requisitions of the
  22-31  commissioner <board>.  Amounts reallocated to the Texas Department
  22-32  of Insurance operating fund under this subsection may be
  22-33  transferred to the general revenue fund in accordance with Article
  22-34  4.19 of this code and its subsequent amendments.
  22-35        (d)  The commissioner shall advise the comptroller of the
  22-36  applicable rate of assessment no later than the date 45 days prior
  22-37  to the due date of the tax return for the period for which such
  22-38  taxes are due.  If the commissioner has not advised the comptroller
  22-39  of the applicable rate by such date, the applicable rate shall be
  22-40  the rate applied in the previous tax period.  If the commissioner
  22-41  advises the comptroller of the applicable rate of assessment after
  22-42  taxes have been assessed pursuant to this subsection, the
  22-43  comptroller shall:
  22-44              (1)  advise each taxpayer in writing of the amount of
  22-45  any additional taxes due; or
  22-46              (2)  refund any excess taxes paid.
  22-47        Sec. 9.  Application of This Article and Regulations.  This
  22-48  article and regulations promulgated by the commissioner or the
  22-49  comptroller, as applicable, <board> apply to the exchange, its
  22-50  members, and the insurance and reinsurance written through the
  22-51  exchange, except to the extent exempt by regulations of the
  22-52  commissioner or the comptroller, as applicable <board>.  An
  22-53  exemption may not be unfairly discriminatory or detrimental to the
  22-54  solvency of licensed insurers.
  22-55        SECTION 3.09.  Article 1.35B(a), Insurance Code, is amended
  22-56  to read as follows:
  22-57        (a)  To defray the costs of creating, administering, and
  22-58  operating the office of public insurance counsel, the comptroller
  22-59  <board> shall collect the following assessments annually in
  22-60  connection with the collection of other taxes imposed on insurers:
  22-61              (1)  each property and casualty insurer authorized to
  22-62  do business in this state shall pay an annual assessment of 5.7
  22-63  cents for each policy of property and casualty insurance in force
  22-64  at year end in this state;
  22-65              (2)  each insurer shall pay an annual assessment of 3
  22-66  cents for each individual policy, and for each certificate of
  22-67  insurance evidencing coverage under a group policy, of life,
  22-68  health, or accident insurance written for delivery and placed in
  22-69  force with the initial premium thereon paid in full in this state
  22-70  during each calendar year if the insurer is authorized to do
   23-1  business in this state under:
   23-2                    (A)  Chapter 3, 10, 11, 14, 20, 22, 23, or 25 of
   23-3  this code;
   23-4                    (B)  Chapter 113, Acts of the 53rd Legislature,
   23-5  Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
   23-6  Code);
   23-7                    (C)  Section 1, Chapter 417, Acts of the 56th
   23-8  Legislature, Regular Session, 1959 (Article 3.49-2, Vernon's Texas
   23-9  Insurance Code);
  23-10                    (D)  the Texas Employees Uniform Group Insurance
  23-11  Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);
  23-12                    (E)  the Texas State College and University
  23-13  Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
  23-14  Texas Insurance Code);
  23-15                    (F)  Section 1, Chapter 123, Acts of the 60th
  23-16  Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas
  23-17  Insurance Code);
  23-18                    (G)  Section 1, Chapter 387, Acts of the 55th
  23-19  Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
  23-20  Insurance Code);
  23-21                    (H)  Sections 1 to 3A and 4 to 13, Chapter 397,
  23-22  Acts of the 54th Legislature, Regular Session, 1955 (Articles
  23-23  3.70-1 to 3.70-3A and 3.70-4 to 3.70-11, Vernon's Texas Insurance
  23-24  Code); or
  23-25                    (I)  the Texas Health Maintenance Organization
  23-26  Act (Chapter 20A, Vernon's Texas Insurance Code); and
  23-27              (3)  each title insurance company authorized to do
  23-28  business in this state shall pay an annual assessment of 5.7 cents
  23-29  for each owner policy and mortgage policy of title insurance
  23-30  written for delivery in this state during each calendar year and
  23-31  for which the full basic premium is charged.
  23-32        SECTION 3.10.  Articles 4.05 and 4.07, Insurance Code, are
  23-33  amended to read as follows:
  23-34        Art. 4.05.  TAXES TO BE PAID BEFORE CERTIFICATE IS ISSUED.
  23-35  <Upon the receipt of sworn statements showing the gross premium
  23-36  receipts of any insurance organization, the Board of Insurance
  23-37  Commissioners shall certify to the State Treasurer the amount of
  23-38  taxes due by such insurance organization for the preceding year,
  23-39  which taxes shall be paid to the State Treasurer for the use of the
  23-40  State, by such company.  Upon his receipt of such certificate and
  23-41  the payment of such tax, the Treasurer shall execute a receipt
  23-42  therefor, which receipt shall be evidence of the payment of such
  23-43  taxes.>  No <such> life insurance company shall receive a
  23-44  certificate of authority to do business in this State until all
  23-45  <such> taxes imposed under this code or another insurance law of
  23-46  this state are paid.  If, upon the examination of any company, or
  23-47  in any other manner, the commissioner <Board> shall be informed
  23-48  that the gross premium receipts of any year exceed in amount those
  23-49  shown by the report thereof, theretofore made as above provided,
  23-50  the commissioner shall report this fact to the comptroller.  The
  23-51  comptroller shall institute a collection action, as the comptroller
  23-52  considers appropriate in accordance with Subtitles A and B, Title
  23-53  2, Tax Code, and their subsequent amendments, to collect taxes due
  23-54  on unreported gross premium receipts.  The comptroller shall
  23-55  deposit taxes collected under this article to the credit of the
  23-56  general revenue fund <it shall be the duty of such Board to file
  23-57  with the State Treasurer a supplemental certificate showing the
  23-58  additional amount of taxes due by such company, which shall be paid
  23-59  by such company upon notice thereof.  The State Treasurer if,
  23-60  within fifteen (15) days after the receipt by him of any
  23-61  certificate or supplemental certificate provided for by this
  23-62  article, the taxes due as shown thereby have not been paid, shall
  23-63  report the facts to the Attorney General, who shall immediately
  23-64  institute suit in the proper court in Travis County to recover such
  23-65  taxes>.
  23-66        Art. 4.07.  FEES OF TEXAS DEPARTMENT <STATE BOARD> OF
  23-67  INSURANCE.  A.  With respect to all authorized insurers writing
  23-68  classes of insurance in this State <which are covered by Chapter 3
  23-69  of this code>, the Texas Department <State Board> of Insurance
  23-70  shall charge and receive for the use of the State fees in an amount
   24-1  to be determined by the department <Board> not to exceed the
   24-2  following:
   24-3              (1)  <For filing the annual statement, $500.00.>
   24-4              <(2)>  For filing an amendment to a certificate of
   24-5  authority if the charter is not amended, $100.00.
   24-6              (2) <(3)>  For affixing the official seal and
   24-7  certifying to the seal, $20.00.
   24-8              (3) <(4)>  For reservation of name, $200.00.
   24-9              (4) <(5)>  For renewal of reservation of name, $50.00.
  24-10              (5) <(6)>  For filing an application for admission of a
  24-11  foreign or alien company, $4,000.00.
  24-12              (6) <(7)>  For filing an original charter of a company
  24-13  including issuance of a certificate of authority, $3,000.00.
  24-14              (7) <(8)>  For filing an amendment to a charter if a
  24-15  hearing is held, $500.00.
  24-16              (8) <(9)>  For filing an amendment to a charter if a
  24-17  hearing is not held, $250.00.
  24-18              (9) <(10)>  For filing a designation of an attorney for
  24-19  service of process or amendment of the designation, $50.00.
  24-20              (10) <(11)>  For filing a copy of a total reinsurance
  24-21  agreement, $1,500.00.
  24-22              (11) <(12)>  For filing a copy of a partial reinsurance
  24-23  agreement, $300.00.
  24-24              (12) <(13)>  For accepting a security deposit, $200.00.
  24-25              (13) <(14)>  For substitution or amendment of a
  24-26  security deposit, $100.00.
  24-27              (14) <(15)>  For certification of statutory deposits,
  24-28  $20.00.
  24-29              (15) <(16)>  For filing a notice of intent to relocate
  24-30  books and records pursuant to Article 1.28 of this code, $300.00.
  24-31              (16) <(17)>  For filing a statement pursuant to Section
  24-32  5, Article 21.49-1 of this code, for the first $9,900,000.00 of the
  24-33  purchase price or consideration, $1,000.00.
  24-34              (17) <(18)>  For filing a statement pursuant to Section
  24-35  5, Article 21.49-1 of this code, if the purchase price or
  24-36  consideration exceeds $9,900,000.00, an additional $500.00 for each
  24-37  $10,000,000.00 exceeding $9,900,000.00, but not more than
  24-38  $10,000.00 total fee under this subdivision and the preceding
  24-39  subdivision.
  24-40              (18) <(19)>  For filing a registration statement
  24-41  pursuant to Section 3, Article 21.49-1 of this code, $300.00.
  24-42              (19) <(20)>  For filing for review pursuant to Section
  24-43  4, Article 21.49-1 or Article 22.15 of this code, $500.00.
  24-44              (20) <(21)>  For filing of a direct reinsurance
  24-45  agreement pursuant to Article 22.19 of this code, $300.00.
  24-46              (21) <(22)>  For filing for approval of a merger
  24-47  pursuant to Article 21.25 of this code, $1,500.00.
  24-48              (22) <(23)>  For filing for approval of reinsurance
  24-49  pursuant to Article 21.26 of this code, $1,500.00.
  24-50              (23) <(24)>  For filing of restated articles of
  24-51  incorporation for <both> domestic, <and> foreign or alien
  24-52  companies, $500.00.
  24-53              (24) <(25)>  For filing a joint control agreement,
  24-54  $100.00.
  24-55              (25) <(26)>  For filing a substitution or amendment to
  24-56  a joint control agreement, $40.00.
  24-57              (26) <(27)>  For filing a change of attorney in fact,
  24-58  $500.00.
  24-59              <(28)  For valuing policies of life insurance, and for
  24-60  each one million of insurance or fraction thereof, $10.00.>
  24-61        B.  For an authorized insurer writing a class of insurance in
  24-62  this state that is subject to Chapter 3 of this code, the Texas
  24-63  Department  of Insurance shall charge and the comptroller shall
  24-64  collect for the use of the state fees in an amount to be determined
  24-65  by the commissioner not to exceed the following:
  24-66              (1)  For valuing policies of life insurance, and for
  24-67  each one million dollars of insurance or fraction thereof, $10.00.
  24-68              (2)  For filing the annual statement, $500.00.
  24-69        The provisions of Subtitles A and B, Title 2, Tax Code, and
  24-70  their subsequent amendments, apply to fees collected by the
   25-1  comptroller under this section.
   25-2        C.  The department <Board> shall, within the limits fixed by
   25-3  this Article <section>, prescribe the fees to be charged under this
   25-4  Article <section>.
   25-5        D.  Except as provided by Section B of this Article, the
   25-6  <The> insurers subject to the fees imposed by this Article
   25-7  <section> shall include any and all stock and mutual insurance
   25-8  companies, local mutual aid associations, statewide mutual
   25-9  assessment companies, group hospital service plan corporations, and
  25-10  stipulated premium insurance companies.
  25-11        E. <B.>  The Texas Department <State Board> of Insurance
  25-12  shall set and collect a sales charge for making copies of any paper
  25-13  of record in the State Board of Insurance, such charge to be in an
  25-14  amount deemed sufficient to reimburse the State for the actual
  25-15  expense; provided, however, that the department <State Board of
  25-16  Insurance> may make and distribute copies of papers containing
  25-17  rating information without charge or for such charge as the
  25-18  commissioner <Board> shall deem appropriate to administer the
  25-19  premium rating laws by properly disseminating such rating
  25-20  information; and provided further that Article 5.29, Texas
  25-21  Insurance Code, shall remain in full force and effect without
  25-22  amendment.
  25-23        F. <C.>  All fees collected by virtue of Section A of this
  25-24  Article shall be deposited in the State Treasury to the credit of
  25-25  the Texas Department <State Board> of Insurance operating fund and
  25-26  appropriated to the use and benefit of the department <State Board
  25-27  of Insurance> to be used in the payment of salaries and other
  25-28  expenses arising out of and in connection with the examination of
  25-29  insurance companies and/or the licensing of insurance companies and
  25-30  investigations of violations of the insurance laws of this State in
  25-31  such manner as provided in the general appropriation bill.
  25-32        G.  All fees collected by the comptroller under Section B of
  25-33  this Article shall be deposited in the general revenue fund.  Those
  25-34  amounts are available for appropriation to the Texas Department of
  25-35  Insurance for its use in paying salaries and other expenses arising
  25-36  out of the examination or licensing of insurance companies and
  25-37  investigations of the violations of this code or other insurance
  25-38  laws of this State as provided by the General Appropriations Act.
  25-39        H. <D.>  Notwithstanding any other provision of this article,
  25-40  any insurer to which this article applies and whose gross premium
  25-41  receipts are less than $450,000.00, according to its annual
  25-42  statement for the preceding year ending December 31, shall be
  25-43  required to pay only one-half the amount of the fees required to be
  25-44  paid under this article and as set by the commissioner <State Board
  25-45  of Insurance>.
  25-46        SECTION 3.11.  Sections 1, 6, and 14, Article 4.10, Insurance
  25-47  Code, are amended to read as follows:
  25-48        Sec. 1.  Payment of tax.  Every insurance carrier, including
  25-49  Lloyd's and reciprocal exchanges and any other organization or
  25-50  concern receiving gross premiums from the business of fire, marine,
  25-51  marine inland, accident, credit, livestock, fidelity, guaranty,
  25-52  surety, casualty, workers' compensation, employers' liability, or
  25-53  any other kind or character of insurance, except title insurance
  25-54  and except as provided in Sections 2, 3, and 4 of this article,
  25-55  shall pay to the comptroller <commissioner of insurance> for
  25-56  transmittal to the state treasurer a <an annual> tax upon such
  25-57  gross premium receipts as provided in this article.  Any such
  25-58  insurance carrier doing other kinds of insurance business shall pay
  25-59  the tax levied upon its gross premiums received from such other
  25-60  kinds of business as provided in Articles 4.03 and 4.11 of this
  25-61  code <Article 4769 and Article 7064a, Revised Civil Statutes of
  25-62  Texas, 1925>.
  25-63        Sec. 6.  Time of Filing and Payment.  (a)  A premium tax
  25-64  return for each taxable year ending the 31st day of December
  25-65  preceding shall be filed and the total amount of the tax due under
  25-66  this article shall be paid on or before the 1st day of March of
  25-67  each year.
  25-68        (b)  A semiannual <quarterly> prepayment of premium tax must
  25-69  be made on March 1st and August 1st<, May 15th, August 15th, and
  25-70  November 15th> by all insurers with net tax liability for the
   26-1  previous calendar year in excess of $1,000.  The tax paid on each
   26-2  date must equal one-half <one-fourth> of the total premium tax paid
   26-3  for the previous calendar year.  Should no premium tax have been
   26-4  paid during the previous calendar year, the semiannual <quarterly>
   26-5  payment shall equal the tax which would be owed on the aggregate of
   26-6  the gross premium receipts for <during> the two previous calendar
   26-7  quarters <quarter ending March 31st, June 30th, September 30th, or
   26-8  December 31st> at the minimum tax rate specified by law.  The
   26-9  comptroller <State Board of Insurance> is authorized to certify for
  26-10  refund to the State Treasurer any overpayment of premium taxes that
  26-11  results from the semiannual <quarterly> prepayment system herein
  26-12  established.
  26-13        Sec. 14.  No Other Taxes to be Levied or Collected;
  26-14  Exceptions.  No occupational tax shall be levied on insurance
  26-15  carriers or companies herein subjected to this premium receipts tax
  26-16  by any county, city, or town.  The taxes in this article shall
  26-17  constitute all taxes collectible under the laws of Texas against
  26-18  any such insurance carrier, except maintenance taxes specifically
  26-19  levied under the laws of Texas and assessed by the commissioner and
  26-20  administered by the comptroller <State Board of Insurance to
  26-21  support the various activities of the divisions of the State Board
  26-22  of Insurance>.  Farm mutuals are not subject to the franchise tax.
  26-23        No other tax shall be levied or collected from any insurance
  26-24  carrier by the state, county, or city or any town, but this law
  26-25  shall not be construed to prohibit the levy and collection of
  26-26  state, county, and municipal taxes upon the real and personal
  26-27  property of such carrier.
  26-28        SECTION 3.12.  Sections 1, 3, 6, 10, and 13, Article 4.11,
  26-29  Insurance Code, are amended to read as follows:
  26-30        Sec. 1.  Insurance Carriers Required to Pay Premium Tax.
  26-31  Every insurance carrier receiving premiums from the business of
  26-32  life insurance, accident insurance, health insurance, life and
  26-33  accident insurance, life and health insurance, health and accident
  26-34  insurance, or life, health, and accident insurance, including
  26-35  variable life insurance, credit life insurance, and credit accident
  26-36  and health insurance for profit or otherwise or for mutual benefit
  26-37  or protection, in this state, shall pay to the comptroller <State
  26-38  Board of Insurance> for transmittal to the state treasurer a <an
  26-39  annual> tax upon its gross premiums as provided in this article.
  26-40        Sec. 3.  Date for Filing Return and Paying Tax.  A premium
  26-41  tax return for each tax year ending the 31st day of December
  26-42  preceding shall be filed and the total amount of the tax due under
  26-43  this article shall be paid on or before either March 1 of each
  26-44  year, <or> the date the annual statement for such carrier is
  26-45  required to be filed with the commissioner, or another date
  26-46  prescribed by the comptroller <State Board of Insurance>.
  26-47        Sec. 6.  Annual Sworn Returns; Forms; Additional Information.
  26-48  Each insurance carrier which is liable under this article for tax
  26-49  on premiums shall file a tax return annually<, under oath by two
  26-50  officers of such carrier,> on forms prescribed by the comptroller
  26-51  <State Board of Insurance>.  The comptroller <commissioner of
  26-52  insurance> may require such carrier to file any relevant additional
  26-53  information reasonably necessary to verify the amount of tax due.
  26-54        Sec. 10.  Failure to Pay Taxes.  Any insurance carrier
  26-55  failing to pay all taxes imposed by this article shall be subject
  26-56  to the provisions of Article 4.05, Insurance Code, and of Subtitles
  26-57  A and B, Title 2, Tax Code, and their subsequent amendments.
  26-58        Sec. 13.  Prepayment of Tax; Rules, Regulations, Standards,
  26-59  Limitations.  (a)  A semiannual <quarterly> prepayment of premium
  26-60  tax must be made on March 1 and August 1<, May 15, August 15, and
  26-61  November 15> by all insurers with net tax liability for the
  26-62  previous calendar year in excess of $1,000.  The tax paid on each
  26-63  date must equal one-half <one-fourth> of the total premium tax paid
  26-64  for the previous calendar year.  Should no premium tax have been
  26-65  paid during the previous calendar year, the semiannual <quarterly>
  26-66  payment shall equal the tax which would be owed on the aggregate of
  26-67  the gross premium receipts for <during> the two previous calendar
  26-68  quarters <quarter ending March 31, June 30, September 30, or
  26-69  December 31> at the minimum tax rate specified by law.  The
  26-70  comptroller <State Board of Insurance> is authorized to certify for
   27-1  refund to the state treasurer any overpayment of premium taxes that
   27-2  results from the semiannual <quarterly> prepayment system herein
   27-3  established.
   27-4        (b)  The comptroller by rule may change the dates for
   27-5  reporting and payment of taxes to improve operating efficiencies
   27-6  within the agency, so long as a system of semiannual prepayment of
   27-7  taxes imposed by this article is maintained  <The State Board of
   27-8  Insurance may establish such rules, regulations, minimum standards,
   27-9  or limitations which are fair and reasonable as may be appropriate
  27-10  for the augmentation and implementation of this article>.
  27-11        SECTION 3.13.  Sections 2, 3, and 4, Article 4.11C, Insurance
  27-12  Code, are amended to read as follows:
  27-13        Sec. 2.  A reciprocal exchange may elect to be subject to the
  27-14  tax imposed under Article 4.10 of this code, or to be subject to
  27-15  the tax imposed under Article 4.11B of this code.  A reciprocal
  27-16  exchange that elects to be taxed under Article 4.10 of this code
  27-17  must file with the comptroller <commissioner of insurance> not
  27-18  later than the 31st day before the day on which the tax year for
  27-19  which the election is to be effective begins a written statement on
  27-20  a form adopted by the comptroller <State Board of Insurance>
  27-21  stating that an election has been made.  If a reciprocal exchange
  27-22  does not file an election as provided by this article or has
  27-23  withdrawn the election, the reciprocal exchange is subject to the
  27-24  tax imposed under Article 4.11B of this code.
  27-25        Sec. 3.  A reciprocal exchange that elects to be taxed under
  27-26  Article 4.10 of this code will continue to be taxed under that
  27-27  article for each tax year until written notice is given to the
  27-28  comptroller <commissioner> that the election to be taxed under that
  27-29  article is withdrawn.  The notice of withdrawal must be filed with
  27-30  the comptroller <commissioner of insurance> not later than the 31st
  27-31  day before the beginning of the tax year for which the withdrawal
  27-32  is to be effective.
  27-33        Sec. 4.  The comptroller <State Board of Insurance> by rule
  27-34  may adopt necessary forms and procedures to carry out this article.
  27-35  The comptroller by rule may change the dates for reporting and
  27-36  payment of taxes to improve operating efficiencies within the
  27-37  agency, so long as a system of semiannual prepayment of taxes
  27-38  imposed by this article is maintained.
  27-39        SECTION 3.14.  Article 4.17, Insurance Code, is amended by
  27-40  amending Subsections (a), (c), (d), and (e) and adding Subsection
  27-41  (g) to read as follows:
  27-42        (a)  The commissioner <State Board of Insurance> shall
  27-43  annually determine the rate of assessment of a maintenance tax to
  27-44  be paid on an annual, <or> semiannual, or other periodic basis, as
  27-45  determined by the comptroller.  The rate of assessment may <basis
  27-46  and collect a maintenance tax in an amount> not <to> exceed .04
  27-47  percent of the correctly reported gross premiums of life, health,
  27-48  and accident insurance coverages and the gross considerations for
  27-49  annuity and endowment contracts collected by all authorized
  27-50  insurers writing life, health, and accident insurance, annuity, or
  27-51  endowment contracts in this state.  The comptroller shall collect
  27-52  the maintenance tax.
  27-53        (c)  The commissioner <State Board of Insurance>, after
  27-54  taking into account the unexpended funds produced by this tax, if
  27-55  any, shall adjust the rate of assessment each year to produce the
  27-56  amount of funds that it estimates will be necessary to pay all the
  27-57  expenses of regulating life, health, and accident insurers during
  27-58  the succeeding year.  In making an estimate under this subsection,
  27-59  the commissioner shall take into account the requirement that the
  27-60  general revenue fund be reimbursed under Article 4.19 of this code.
  27-61        (d)  The taxes collected shall be deposited in the state
  27-62  treasury to the credit of the general revenue fund to be
  27-63  reallocated to the Texas Department <State Board> of Insurance
  27-64  operating fund and shall be spent as authorized by legislative
  27-65  appropriation <only> on warrants issued by the comptroller <of
  27-66  public accounts> pursuant to duly certified requisitions of the
  27-67  commissioner <State Board of Insurance>.  Amounts reallocated to
  27-68  the Texas Department of Insurance operating fund under this
  27-69  subsection may be transferred to the general revenue fund in
  27-70  accordance with Article 4.19 of this code.
   28-1        (e)  The comptroller <State Board of Insurance> may collect
   28-2  the tax assessed under this article on a semiannual or other
   28-3  periodic basis <semiannually> from those insurers whose tax
   28-4  liability under this article for the previous year was $2,000 or
   28-5  more.  <The State Board of Insurance may prescribe and adopt
   28-6  reasonable rules to implement these payments that are not
   28-7  inconsistent with this article.>
   28-8        (g)  The commissioner shall advise the comptroller of the
   28-9  applicable rate of assessment no later than the date 45 days prior
  28-10  to the due date of the tax return for the period for which such
  28-11  taxes are due.  If the commissioner has not advised the comptroller
  28-12  of the applicable rate by such date, the applicable rate shall be
  28-13  the rate applied in the previous tax period.  If the commissioner
  28-14  advises the comptroller of the applicable rate of assessment after
  28-15  taxes have been assessed pursuant to this subsection, the
  28-16  comptroller shall:
  28-17              (1)  advise each taxpayer in writing of the amount of
  28-18  any additional taxes due; or
  28-19              (2)  refund any excess taxes paid.
  28-20        SECTION 3.15.  Chapter 4, Insurance Code, is amended by
  28-21  adding Articles 4.18 and 4.19 to read as follows:
  28-22        Art. 4.18.  TAX ADMINISTRATION FUNCTIONS; COOPERATION BETWEEN
  28-23  DEPARTMENT AND COMPTROLLER.  (a)  The commissioner and the
  28-24  comptroller shall cooperate fully in performing their respective
  28-25  duties under this code and other insurance laws of this state.
  28-26        (b)  The department shall comply with all reasonable requests
  28-27  of the comptroller relating to the sharing of information gathered
  28-28  or compiled in connection with functions carried out under this
  28-29  code or other insurance laws of this state.
  28-30        (c)  The department shall maintain the federal identification
  28-31  number of all entities subject to regulation under this code or
  28-32  another insurance law of this state and shall include the
  28-33  appropriate number in any communication to or information shared
  28-34  with the comptroller.
  28-35        Art. 4.19.  TAX ADMINISTRATION FUNCTIONS; REIMBURSEMENT OF
  28-36  GENERAL REVENUE FUND.  (a)  The department shall reimburse the
  28-37  general revenue fund for the amount of expenses incurred by the
  28-38  comptroller in administering the taxes imposed under this code or
  28-39  another insurance law of this state in accordance with this
  28-40  article.
  28-41        (b)  The comptroller shall certify to the commissioner the
  28-42  total amount of expenses estimated to be required to perform the
  28-43  comptroller's duties under this code or another insurance law of
  28-44  this state for each fiscal biennium.  The comptroller shall provide
  28-45  copies of the certification to the budget division of the
  28-46  governor's office and to the Legislative Budget Board.
  28-47        (c)  The amount certified by the comptroller under Subsection
  28-48  (b) of this article shall be transferred from the Texas Department
  28-49  of Insurance operating fund to the general revenue fund.  It is the
  28-50  intent of the legislature that the money in the department's
  28-51  operating fund that is to be transferred into the general revenue
  28-52  fund under this subsection should reflect the revenues from the
  28-53  various maintenance taxes paid by insurers under this code or other
  28-54  insurance laws of this state.
  28-55        (d)  In setting the maintenance taxes for each fiscal year,
  28-56  the commissioner shall ensure that the amount of the taxes imposed
  28-57  is sufficient to fully  reimburse the general revenue fund for the
  28-58  expenses incurred by the comptroller in administering the taxes
  28-59  imposed under this code and other insurance laws of this state.  If
  28-60  the amount of maintenance taxes collected is insufficient to
  28-61  reimburse the general revenue fund for the expenses incurred by the
  28-62  comptroller in administering the taxes imposed under this code and
  28-63  other insurance laws of this state, other money in the department's
  28-64  operating fund shall be used to reimburse the general revenue fund
  28-65  in accordance with Subsection (b) of this article.
  28-66        SECTION 3.16.  Articles 5.12, 5.24, 5.49, and 5.68, Insurance
  28-67  Code, are amended to read as follows:
  28-68        Art. 5.12.  Maintenance Tax on Gross Premiums.  (a)  The
  28-69  State of Texas by and through the commissioner <State Board of
  28-70  Insurance> shall annually determine the rate of assessment of a
   29-1  maintenance tax to be paid <and collect> on an annual or semiannual
   29-2  basis, as determined by the comptroller.  The rate of assessment
   29-3  may <Board, a maintenance tax in an amount> not <to> exceed
   29-4  one-fifth of one percent of the correctly reported gross motor
   29-5  vehicle insurance premiums of all authorized insurers writing motor
   29-6  vehicle insurance in this state.  The comptroller shall collect the
   29-7  maintenance tax.
   29-8        (b)  The tax required by this article is in addition to all
   29-9  other taxes now imposed or that may be subsequently imposed and
  29-10  that are not in conflict with this article.
  29-11        (c)  The commissioner <State Board of Insurance>, after
  29-12  taking into account the unexpended funds produced by this tax, if
  29-13  any, shall adjust the rate of assessment each year to produce the
  29-14  amount of funds that it estimates will be necessary to pay all the
  29-15  expenses of regulating motor vehicle insurance during the
  29-16  succeeding year.  In making an estimate under this subsection, the
  29-17  commissioner shall take into account the requirement that the
  29-18  general revenue fund be reimbursed under Article 4.19 of this code.
  29-19        (d)  The taxes collected shall be deposited in the State
  29-20  Treasury to the credit of the general revenue fund to be
  29-21  reallocated to the Texas Department <State Board> of Insurance
  29-22  operating fund and shall be spent as authorized by legislative
  29-23  appropriation only on warrants issued by the comptroller <of public
  29-24  accounts> pursuant to duly certified requisitions of the
  29-25  commissioner <State Board of Insurance>.  Amounts reallocated to
  29-26  the Texas Department of Insurance operating fund under this
  29-27  subsection may be transferred to the general revenue fund in
  29-28  accordance with Article 4.19 of this code.
  29-29        (e)  The comptroller <State Board of Insurance> may elect to
  29-30  collect on a semiannual or other periodic basis the tax assessed
  29-31  under this article only from insurers whose tax liability under
  29-32  this article for the previous tax year was $2,000 or more<.  The
  29-33  State Board of Insurance may prescribe and adopt reasonable rules
  29-34  to implement such payments as it deems advisable, not inconsistent
  29-35  with this article>.
  29-36        (f)  The commissioner shall advise the comptroller of the
  29-37  applicable rate of assessment no later than the date 45 days prior
  29-38  to the due date of the tax return for the period for which such
  29-39  taxes are due.  If the commissioner has not advised the comptroller
  29-40  of the applicable rate by such date, the applicable rate shall be
  29-41  the rate applied in the previous tax period.  If the commissioner
  29-42  advises the comptroller of the applicable rate of assessment after
  29-43  taxes have been assessed pursuant to this subsection, the
  29-44  comptroller shall:
  29-45              (1)  advise each taxpayer in writing of the amount of
  29-46  any additional taxes due; or
  29-47              (2)  refund any excess taxes paid.
  29-48        Art. 5.24.  Maintenance Tax on Gross Premiums.  (a)  The
  29-49  State of Texas by and through the commissioner <State Board of
  29-50  Insurance> shall annually determine the rate of assessment of a
  29-51  maintenance tax to be paid <and collect> on an annual or semiannual
  29-52  basis, as determined by the comptroller.   The rate of assessment
  29-53  may <Board, a maintenance tax in an amount> not <to> exceed
  29-54  two-fifths of one percent of the correctly reported gross premiums
  29-55  of all classes of insurance covered by this subchapter of all
  29-56  authorized insurers writing those classes of insurance in this
  29-57  state.  The comptroller shall collect the maintenance tax.
  29-58        (b)  The tax required by this article is in addition to all
  29-59  other taxes now imposed or that may be subsequently imposed and
  29-60  that are not in conflict with this article.
  29-61        (c)  The commissioner <State Board of Insurance>, after
  29-62  taking into account the unexpended funds produced by this tax, if
  29-63  any, shall adjust the rate of assessment each year to produce the
  29-64  amount of funds that it estimates will be necessary to pay all the
  29-65  expenses of regulating all classes of insurance covered by this
  29-66  subchapter during the succeeding year.  In making an estimate under
  29-67  this subsection, the board shall take into account the requirement
  29-68  that the general revenue fund be reimbursed under Article 4.19 of
  29-69  this code.
  29-70        (d)  The taxes collected shall be deposited in the State
   30-1  Treasury to the credit of the general revenue fund to be
   30-2  reallocated to the Texas Department <State Board> of Insurance
   30-3  operating fund and shall be spent as authorized by legislative
   30-4  appropriation <only> on warrants issued by the comptroller <of
   30-5  public accounts> pursuant to duly certified requisitions of the
   30-6  commissioner <State Board of Insurance>.  Amounts reallocated to
   30-7  the Texas Department of Insurance operating fund under this
   30-8  subsection may be transferred to the general revenue fund in
   30-9  accordance with Article 4.19 of this code.
  30-10        (e)  The comptroller <State Board of Insurance> may elect to
  30-11  collect on a semiannual basis the tax assessed under this article
  30-12  only from insurers whose tax liability under this article for the
  30-13  previous tax year was $2,000 or more<.  The State Board of
  30-14  Insurance may prescribe and adopt reasonable rules to implement
  30-15  such payments as it deems advisable, not inconsistent with this
  30-16  article>.
  30-17        (f)  The commissioner shall advise the comptroller of the
  30-18  applicable rate of assessment no later than the date 45 days prior
  30-19  to the due date of the tax return for the period for which such
  30-20  taxes are due.  If the commissioner has not advised the comptroller
  30-21  of the applicable rate by such date, the applicable rate shall be
  30-22  the rate applied in the previous tax period.  If the commissioner
  30-23  advises the comptroller of the applicable rate of assessment after
  30-24  taxes have been assessed pursuant to this subsection, the
  30-25  comptroller shall:
  30-26              (1)  advise each taxpayer in writing of the amount of
  30-27  any additional taxes due; or
  30-28              (2)  refund any excess taxes paid.
  30-29        Art. 5.49.  Maintenance tax on gross premiums.  (a)  The
  30-30  State of Texas by and through the commissioner <State Board of
  30-31  Insurance> shall annually determine the rate of assessment of a
  30-32  maintenance tax to be paid on an annual or semiannual basis, as
  30-33  determined by the comptroller.  The rate of assessment may <Board,
  30-34  and collect a maintenance tax in an amount> not <to> exceed one and
  30-35  one-fourth percent of the correctly reported gross premiums of
  30-36  fire, lightning, tornado, windstorm, hail, smoke or smudge,
  30-37  cyclone, earthquake, volcanic eruption, rain, frost and freeze,
  30-38  weather or climatic conditions, excess or deficiency of moisture,
  30-39  flood, the rising of the waters of the ocean or its tributaries,
  30-40  bombardment, invasion, insurrection, riot, civil war or commotion,
  30-41  military or usurped power, any order of a civil authority made to
  30-42  prevent the spread of a conflagration, epidemic, or catastrophe,
  30-43  vandalism or malicious mischief, strike or lockout, explosion as
  30-44  defined in Article 5.52 of this code, water or other fluid or
  30-45  substance resulting from the breakage or leakage of sprinklers,
  30-46  pumps, or other apparatus erected for extinguishing fires, water
  30-47  pipes, or other conduits or containers insurance coverage collected
  30-48  by all authorized insurers writing those types of insurance in this
  30-49  state.  The comptroller shall collect the maintenance tax.
  30-50        (b)  The tax required by this article is in addition to all
  30-51  other taxes now imposed or that may be subsequently imposed and
  30-52  that are not in conflict with this article.
  30-53        (c)  The commissioner <State Board of Insurance>, after
  30-54  taking into account the unexpended funds produced by this tax, if
  30-55  any, shall adjust the rate of assessment each year to produce the
  30-56  amount of funds that it estimates will be necessary to pay all the
  30-57  expenses of regulating all classes of insurance specified by this
  30-58  subchapter during the succeeding year.  In making an estimate under
  30-59  this subsection, the commissioner shall take into account the
  30-60  requirement that the general revenue fund be reimbursed under
  30-61  Article 4.19 of this code.
  30-62        (d)  The taxes collected shall be deposited in the State
  30-63  Treasury to the credit of the general revenue fund to be
  30-64  reallocated to the Texas Department <State Board> of Insurance
  30-65  operating fund and shall be spent as authorized by legislative
  30-66  appropriation <only> on warrants issued by the comptroller <of
  30-67  public accounts> pursuant to duly certified requisitions of the
  30-68  commissioner <State Board of Insurance>.  Amounts reallocated to
  30-69  the Texas Department of Insurance operating fund under this
  30-70  subsection may be transferred to the general revenue fund in
   31-1  accordance with Article 4.19 of this code.
   31-2        (e)  The comptroller <State Board of Insurance> may elect to
   31-3  collect on a semiannual or other periodic basis the tax assessed
   31-4  under this article only from insurers whose tax liability under
   31-5  this article for the previous tax year was $2,000 or more<.  The
   31-6  State Board of Insurance may prescribe and adopt reasonable rules
   31-7  to implement such payments as it deems advisable, not inconsistent
   31-8  with this article>.
   31-9        (f)  The commissioner shall advise the comptroller of the
  31-10  applicable rate of assessment no later than the date 45 days prior
  31-11  to the due date of the tax return for the period for which such
  31-12  taxes are due.  If the commissioner has not advised the comptroller
  31-13  of the applicable rate by such date, the applicable rate shall be
  31-14  the rate applied in the previous tax period.  If the commissioner
  31-15  advises the comptroller of the applicable rate of assessment after
  31-16  taxes have been assessed pursuant to this subsection, the
  31-17  comptroller shall:
  31-18              (1)  advise each taxpayer in writing of the amount of
  31-19  any additional taxes due; or
  31-20              (2)  refund any excess taxes paid.
  31-21        Art. 5.68.  Maintenance tax on gross premiums.  (a)  The
  31-22  State of Texas by and through the commissioner <State Board of
  31-23  Insurance> shall<, as determined by the Board,> annually determine
  31-24  the rate of assessment of a maintenance tax <and collect> on an
  31-25  annual or semiannual basis.  The comptroller shall collect the
  31-26  maintenance tax<,> from each stock company, mutual company,
  31-27  reciprocal or interinsurance exchange, and Lloyd's association.
  31-28  The rate of assessment may <a maintenance tax in an amount> not
  31-29  <to> exceed three-fifths of one percent of the correctly reported
  31-30  gross workers' compensation insurance premiums of all authorized
  31-31  insurers writing workers' compensation insurance in this state.
  31-32        (b)  For purposes of this article and Section 2.22, Texas
  31-33  Workers' Compensation Act (Article 8308-2.22, Vernon's Texas Civil
  31-34  Statutes), gross workers' compensation insurance premiums include
  31-35  the modified annual premium of a policyholder that purchases a
  31-36  deductible pursuant to Article 5.55C of this code, and the rate of
  31-37  assessment shall be applied to the modified annual premium prior to
  31-38  application of any deductible premium credit.
  31-39        (c)  The tax required by this article is in addition to all
  31-40  other taxes now imposed or that may be subsequently imposed and
  31-41  that are not in conflict with this article.
  31-42        (d)  The commissioner <State Board of Insurance>, after
  31-43  taking into account the unexpended funds produced by this tax, if
  31-44  any, shall adjust the rate of assessment each year to produce the
  31-45  amount of funds that it estimates will be necessary to pay all the
  31-46  expenses of regulating workers' compensation insurance during the
  31-47  succeeding year.  In making an estimate under this subsection, the
  31-48  commissioner shall take into account the requirement that the
  31-49  general revenue fund be reimbursed under Article 4.19 of this code.
  31-50        (e)  The taxes collected shall be deposited in the State
  31-51  Treasury to the credit of the general revenue fund to be
  31-52  reallocated to the Texas Department <State Board> of Insurance
  31-53  operating fund and shall be spent as authorized by legislative
  31-54  appropriation <only> on warrants issued by the comptroller <of
  31-55  public accounts> pursuant to duly certified requisitions of the
  31-56  commissioner <State Board of Insurance>.  Amounts reallocated to
  31-57  the Texas Department of Insurance operating fund under this
  31-58  subsection may be transferred to the general revenue fund in
  31-59  accordance with Article 4.19 of this code.
  31-60        (f)  The comptroller <State Board of Insurance> may elect to
  31-61  collect on a semiannual basis the tax assessed under this article
  31-62  only from insurers whose tax liability under this article for the
  31-63  previous tax year was $2,000 or more<.  The State Board of
  31-64  Insurance may prescribe and adopt reasonable rules to implement
  31-65  such payments as it deems advisable, not inconsistent with this
  31-66  article>.
  31-67        (g)  The commissioner shall advise the comptroller of the
  31-68  applicable rate of assessment no later than the date 45 days prior
  31-69  to the due date of the tax return for the period for which such
  31-70  taxes are due.  If the commissioner has not advised the comptroller
   32-1  of the applicable rate by such date, the applicable rate shall be
   32-2  the rate applied in the previous tax period.  If the commissioner
   32-3  advises the comptroller of the applicable rate of assessment after
   32-4  taxes have been assessed pursuant to this subsection, the
   32-5  comptroller shall:
   32-6              (1)  advise each taxpayer in writing of the amount of
   32-7  any additional taxes due; or
   32-8              (2)  refund any excess taxes paid.
   32-9        SECTION 3.17.  Section 10(b), Article 5.76-5, Insurance Code,
  32-10  is amended to read as follows:
  32-11        (b)  The maintenance tax surcharge shall be set in an amount
  32-12  sufficient to pay all debt service on the bonds.  The maintenance
  32-13  tax surcharge is set by the commissioner <State Board of Insurance>
  32-14  in the same time and shall be collected by the comptroller on
  32-15  behalf of the fund in the same manner as provided under Article
  32-16  5.68 of this code.
  32-17        SECTION 3.18.  Articles 5.91 and 9.46, Insurance Code, are
  32-18  amended to read as follows:
  32-19        Art. 5.91.  Maintenance Tax on Gross Premiums.  (a)  The
  32-20  State of Texas by and through the commissioner <State Board of
  32-21  Insurance> shall annually determine the rate of assessment of a
  32-22  maintenance tax to be paid on an annual or semiannual basis, as
  32-23  determined by the comptroller.  The rate of assessment may <Board,
  32-24  and collect a maintenance tax in an amount> not <to> exceed
  32-25  two-fifths of one percent of the correctly reported gross premiums
  32-26  on all classes of insurance covered by this subchapter of all
  32-27  authorized insurers writing those classes of insurance in this
  32-28  state.  The comptroller shall collect the maintenance tax.
  32-29        (b)  The tax required by this article is in addition to all
  32-30  other taxes now imposed or that may be subsequently imposed and
  32-31  that are not in conflict with this article.
  32-32        (c)  The commissioner <State Board of Insurance>, after
  32-33  taking into account the unexpended funds produced by this tax, if
  32-34  any, shall adjust the rate of assessment each year to produce the
  32-35  amount of funds that it estimates will be necessary to pay all the
  32-36  expenses of regulating all classes of insurance specified by this
  32-37  subchapter during the succeeding year.  In making an estimate under
  32-38  this subsection, the commissioner shall take into account the
  32-39  requirement that the general revenue fund be reimbursed under
  32-40  Article 4.19 of this code.
  32-41        (d)  The taxes collected shall be deposited in the State
  32-42  Treasury to the credit of the general revenue fund to be
  32-43  reallocated to the Texas Department <State Board> of Insurance
  32-44  operating fund and shall be spent as authorized by legislative
  32-45  appropriation <only> on warrants issued by the comptroller <of
  32-46  public accounts> pursuant to duly certified requisitions of the
  32-47  commissioner <State Board of Insurance>.  Amounts reallocated to
  32-48  the Texas Department of Insurance operating fund under this
  32-49  subsection may be transferred to the general revenue fund in
  32-50  accordance with Article 4.19 of this code.
  32-51        (e)  The comptroller <State Board of Insurance> may elect to
  32-52  collect on a semiannual basis the tax assessed under this article
  32-53  only from insurers whose tax liability under this article for the
  32-54  previous tax year was $2,000 or more<.  The State Board of
  32-55  Insurance may prescribe and adopt reasonable rules to implement
  32-56  such payments as it deems advisable, not inconsistent with this
  32-57  article>.
  32-58        (f)  The commissioner shall advise the comptroller of the
  32-59  applicable rate of assessment no later than the date 45 days prior
  32-60  to the due date of the tax return for the period for which such
  32-61  taxes are due.  If the commissioner has not advised the comptroller
  32-62  of the applicable rate by such date, the applicable rate shall be
  32-63  the rate applied in the previous tax period.  If the commissioner
  32-64  advises the comptroller of the applicable rate of assessment after
  32-65  taxes have been assessed pursuant to this subsection, the
  32-66  comptroller shall:
  32-67              (1)  advise each taxpayer in writing of the amount of
  32-68  any additional taxes due; or
  32-69              (2)  refund any excess taxes paid.
  32-70        Art. 9.46.  Maintenance FEE <Tax on Gross Premiums>.  (a)
   33-1  The State of Texas by and through the commissioner <State Board of
   33-2  Insurance> shall annually determine the rate of assessment of a
   33-3  maintenance fee to be paid on an annual, <or> semiannual, or other
   33-4  periodic basis, as determined by the comptroller.  The rate of
   33-5  assessment may <Board, and collect a maintenance tax in an amount>
   33-6  not <to> exceed one percent of the correctly reported gross title
   33-7  insurance premiums of all authorized insurers writing title
   33-8  insurance in this state.  This fee is not a tax and shall be
   33-9  reported and paid separately from premium and retaliatory taxes.
  33-10  The fee is included in the division of premium and may not be
  33-11  separately charged to the title insurance agent.  The comptroller
  33-12  shall collect the maintenance fee.  <The tax required by this
  33-13  article is in addition to all other taxes now imposed or that may
  33-14  be subsequently imposed and that are not in conflict with this
  33-15  article.>
  33-16        (b)  The commissioner <State Board of Insurance>, after
  33-17  taking into account the unexpended funds produced by this fee
  33-18  <tax>, if any, shall adjust the rate of assessment each year to
  33-19  produce the amount of funds that it estimates will be necessary to
  33-20  pay all the expenses of regulating title insurance during the
  33-21  succeeding year.  In making an estimate under this subsection, the
  33-22  commissioner shall take into account the requirement that the
  33-23  general revenue fund be reimbursed under Article 4.19 of this code.
  33-24        (c)  The fees <taxes> collected shall be deposited in the
  33-25  State Treasury to the credit of the general revenue fund to be
  33-26  reallocated to the Texas Department <State Board> of Insurance
  33-27  operating fund and shall be spent as authorized by legislative
  33-28  appropriation <only> on warrants issued by the comptroller <of
  33-29  public accounts> pursuant to duly certified requisitions of the
  33-30  commissioner <State Board of Insurance>.  Amounts reallocated to
  33-31  the Texas Department of Insurance operating fund under this
  33-32  subsection may be transferred to the general revenue fund in
  33-33  accordance with Article 4.19 of this code.
  33-34        (d)  The comptroller <State Board of Insurance> may elect to
  33-35  collect on a semiannual or other periodic basis the fee <tax>
  33-36  assessed under this article only from insurers whose <tax>
  33-37  liability under this article for the previous <tax> year was $2,000
  33-38  or more.  <The State Board of Insurance may prescribe and adopt
  33-39  reasonable rules to implement such payments as it deems advisable,
  33-40  not inconsistent with this article.>
  33-41        (e)  Not later than the 45th day before the date on which a
  33-42  maintenance fee return for a period is due, the commissioner shall
  33-43  advise the comptroller of the rate of assessment for that period.
  33-44        (f)  If the commissioner has not advised the comptroller of
  33-45  the rate of assessment for a period as required by Subsection (e)
  33-46  of this article, the amount of fees due under this article for that
  33-47  period for an insurer is an amount equal to 90 percent of the
  33-48  amount paid by that insurer for the previous period.  If the
  33-49  commissioner advises the comptroller of the rate of assessment for
  33-50  a period after maintenance fees are assessed under this subsection,
  33-51  the comptroller shall:
  33-52              (1)  advise each insurer in writing of the amount of
  33-53  any additional maintenance fees due; or
  33-54              (2)  refund any excess maintenance fees paid.
  33-55        SECTION 3.19.  Sections 1, 3, and 5, Article 9.59, Insurance
  33-56  Code, are amended to read as follows:
  33-57        Sec. 1.  Payment of tax.  Each title insurance company
  33-58  receiving premiums from the business of title insurance shall pay
  33-59  to the comptroller <commissioner of insurance> for transmittal to
  33-60  the state treasurer a <an annual> tax on those premiums as provided
  33-61  in this article.
  33-62        Sec. 3.  Time of filing and payment.  (a)  A premium tax
  33-63  return for each taxable year ending on December 31 of the preceding
  33-64  year shall be filed and the total amount of the tax due under this
  33-65  article shall be paid on or before March 1 of each year or another
  33-66  date prescribed by the comptroller.
  33-67        (b)  A semiannual <quarterly> prepayment of premium tax must
  33-68  be made on March 1 and August 1<, May 15, August 15, and November
  33-69  15> by all insurers with net tax liability for the previous
  33-70  calendar year of more than $1,000.  The tax paid on each date must
   34-1  equal one-half <one-fourth> of the total premium tax paid for the
   34-2  previous calendar year.  If no premium tax has been paid during the
   34-3  previous calendar year, the semiannual <quarterly> payment shall
   34-4  equal the tax that would be owed on the aggregate of the gross
   34-5  premium receipts for <during> the two previous calendar quarters
   34-6  <quarter ending March 31, June 30, September 30, or December 31> at
   34-7  the minimum tax rate specified by law.  The comptroller
   34-8  <commissioner> may certify for refund to the state treasurer any
   34-9  overpayment of premium taxes that results from the semiannual
  34-10  <quarterly> prepayment system established by this subsection.
  34-11        (c)  Without limiting the general authority of the
  34-12  comptroller to adopt rules to promote the efficient administration,
  34-13  collection, enforcement, and reporting of taxes under this code or
  34-14  another insurance law of this state, the commissioner or
  34-15  comptroller, as appropriate, <The State Board of Insurance> may
  34-16  adopt rules, regulations, minimum standards, and limitations that
  34-17  are fair and reasonable as may be appropriate for the augmentation
  34-18  and implementation of this article.
  34-19        Sec. 5.  ANNUAL TAX RETURN.  Each title insurance company
  34-20  that is liable under this article to remit tax on premium shall
  34-21  file a tax return annually<, under oath by two officers of the
  34-22  title insurance company,> on forms prescribed by the comptroller
  34-23  <State Board of Insurance>.
  34-24        SECTION 3.20.  Section 33, Texas Health Maintenance
  34-25  Organization Act (Article 20A.33, Vernon's Texas Insurance Code),
  34-26  is amended by amending Subsection (d) and adding Subsections (e),
  34-27  (f), (g), (h), and (i) to read as follows:
  34-28        (d)  The commissioner <State Board of Insurance> shall
  34-29  annually determine the rate of assessment of <and collect> a per
  34-30  capita maintenance tax to be paid on an annual or semiannual basis,
  34-31  on the correctly reported gross revenues for the issuance of health
  34-32  maintenance certificates or contracts collected by all authorized
  34-33  health maintenance organizations issuing such coverages in this
  34-34  state.  The rate of assessment may <in an amount> not <to> exceed
  34-35  $2 for each enrollee.  The rate of assessment may differ between
  34-36  basic health care plans and single health care service plans and
  34-37  shall equitably reflect any differences in regulatory resources
  34-38  attributable to each type of plan.  The comptroller shall collect
  34-39  the maintenance tax.
  34-40        (e)  The tax required by this section <article> is in
  34-41  addition to all other taxes now imposed or that may be subsequently
  34-42  imposed and that are not in conflict with this section.
  34-43        (f)  The commissioner <State Board of Insurance>, after
  34-44  taking into account the unexpended funds produced by this tax, if
  34-45  any, shall adjust the rate of assessment each year to produce the
  34-46  amount of funds that it estimates will be necessary to pay all the
  34-47  expenses of regulating health maintenance organizations during the
  34-48  succeeding year.  In making an estimate under this subsection, the
  34-49  commissioner shall take into account the requirement that the
  34-50  general revenue fund be reimbursed under Article 4.19, Insurance
  34-51  Code.
  34-52        (g)  The taxes collected shall be deposited in the State
  34-53  Treasury to the credit of the general revenue fund to be
  34-54  reallocated to the Texas Department <State Board> of Insurance
  34-55  operating fund and shall be spent as authorized by legislative
  34-56  appropriation <only> on warrants issued by the comptroller <of
  34-57  public accounts> pursuant to duly certified requisitions of the
  34-58  commissioner <State Board of Insurance>.  Amounts reallocated to
  34-59  the Texas Department of Insurance operating fund under this
  34-60  subsection may be transferred to the general revenue fund in
  34-61  accordance with Article 4.19, Insurance Code.
  34-62        (h)  The comptroller <State Board of Insurance> may collect
  34-63  the tax assessed under this section on a semiannual or other
  34-64  periodic basis <semiannually> from those health maintenance
  34-65  organizations whose tax liability under this section for the
  34-66  previous year was $2,000 or more<.  The State Board of Insurance
  34-67  may prescribe and adopt reasonable rules to implement such payments
  34-68  as it deems advisable, not inconsistent with this section>.
  34-69        (i)  The commissioner shall advise the comptroller of the
  34-70  applicable rate of assessment no later than the date 45 days prior
   35-1  to the due date of the tax return for the period for which such
   35-2  taxes are due.  If the commissioner has not advised the comptroller
   35-3  of the applicable rate by such date, the applicable rate shall be
   35-4  the rate applied in the previous tax period.  If the commissioner
   35-5  advises the comptroller of the applicable rate of assessment after
   35-6  taxes have been assessed pursuant to this subsection, the
   35-7  comptroller shall:
   35-8              (1)  advise each taxpayer in writing of the amount of
   35-9  any additional taxes due; or
  35-10              (2)  refund any excess taxes paid.
  35-11        SECTION 3.21.  Section 21, Article 21.07-6, Insurance Code,
  35-12  is amended by amending Subsections (a), (c), and (d) and adding
  35-13  Subsection (e) to read as follows:
  35-14        (a)  The commissioner <board> annually shall determine the
  35-15  rate of assessment of a maintenance tax to be paid on an annual,
  35-16  <or> semiannual, or other periodic basis, as determined by the
  35-17  comptroller.  The rate of assessment may <and collect a maintenance
  35-18  tax in an amount> not <to> exceed one percent of the correctly
  35-19  reported administrative or service fees of all administrators that
  35-20  are covered by certificates of authority.  The comptroller shall
  35-21  collect the maintenance tax.
  35-22        (c)  The commissioner <board>, after taking into account the
  35-23  unexpended funds produced by this tax, if any, shall adjust the
  35-24  rate of assessment each year to produce the amount of funds that it
  35-25  estimates will be necessary to pay all the expenses of regulating
  35-26  administrators.  In making an estimate under this subsection, the
  35-27  commissioner shall take into account the requirement that the
  35-28  general revenue fund be reimbursed under Article 4.19 of this code.
  35-29        (d)  The taxes collected under this section shall be
  35-30  deposited in the state treasury to the credit of the general
  35-31  revenue fund to be reallocated to the Texas Department <State
  35-32  Board> of Insurance operating fund and shall be spent as authorized
  35-33  by legislative appropriation <only> on warrants issued by the
  35-34  comptroller <of public accounts> pursuant to duly certified
  35-35  requisitions of the commissioner <board>.  Amounts reallocated to
  35-36  the Texas Department of Insurance operating fund under this
  35-37  subsection may be transferred to the general revenue fund in
  35-38  accordance with Article 4.19 of this code.
  35-39        (e)  The commissioner shall advise the comptroller of the
  35-40  applicable rate of assessment no later than the date 45 days prior
  35-41  to the due date of the tax return for the period for which such
  35-42  taxes are due.  If the commissioner has not advised the comptroller
  35-43  of the applicable rate by such date, the applicable rate shall be
  35-44  the rate applied in the previous tax period.  If the commissioner
  35-45  advises the comptroller of the applicable rate of assessment after
  35-46  taxes have been assessed pursuant to this subsection, the
  35-47  comptroller shall:
  35-48              (1)  advise each taxpayer in writing of the amount of
  35-49  any additional taxes due; or
  35-50              (2)  refund any excess taxes paid.
  35-51        SECTION 3.22.  Sections 4(e) and (f), Article 21.54,
  35-52  Insurance Code, are amended to read as follows:
  35-53        (e)  A filing fee not to exceed $500 as established by
  35-54  commissioner <board> regulation may be imposed for the filing of
  35-55  the financial statement under Subdivision (1) of Subsection (d) of
  35-56  this section.  Fees collected for filing the statement shall be
  35-57  deposited in the State Treasury to the credit of the general
  35-58  revenue fund to be reallocated to the Texas Department <State
  35-59  Board> of Insurance operating fund.
  35-60        (f)  Such risk retention group shall be liable for the
  35-61  payment of premium and maintenance taxes and taxes on premiums of
  35-62  direct business for risks located within this state and shall
  35-63  report to the commissioner of this state the net premiums written
  35-64  for risks located within this state.  Such risk retention group
  35-65  shall be subject to taxation, and any applicable fines and
  35-66  penalties related thereto, on the same basis as a foreign admitted
  35-67  insurer pursuant to Chapters 4 and 5 of this code.  Groups shall
  35-68  provide to the comptroller all information the comptroller may
  35-69  request in connection with  the reporting, collection, enforcement,
  35-70  and administration of taxes due under this article and of the fee
   36-1  imposed under Subsection (e) of this section.
   36-2        SECTION 3.23.  Chapter 23, Insurance Code, is amended by
   36-3  amending Article 23.08 and adding Article 23.08A to read as
   36-4  follows:
   36-5        Art. 23.08.  FEES <AND TAXES>.  <(a)>  The commissioner
   36-6  <State Board of Insurance> shall charge a fee determined by the
   36-7  commissioner <Board> in an amount not to exceed $400 for filing the
   36-8  annual statement of each corporation operating under this chapter;
   36-9  an application fee determined by the commissioner <Board> in an
  36-10  amount not to exceed $3,000 for each corporation applying under
  36-11  this chapter which includes the fee for the issuance of a
  36-12  certificate of authority; and a fee determined by the commissioner
  36-13  <Board> in an amount not to exceed $100 for the issuance of each
  36-14  additional certificate of authority and amendment of a certificate
  36-15  of authority to the corporation.  The commissioner <Board> shall,
  36-16  within the limits fixed by this article <subsection>, prescribe the
  36-17  fees to be charged under this article <subsection>.  The fees
  36-18  collected by the commissioner <Board> under this article
  36-19  <subsection> shall be deposited in the State Treasury to the credit
  36-20  of the Texas Department <State Board> of Insurance operating fund,
  36-21  and Article 1.31A of this code applies to fees collected under this
  36-22  article <subsection>.
  36-23        Art. 23.08A.  MAINTENANCE TAX.  (a) <(b)>  The State of Texas
  36-24  by and through the commissioner <State Board of Insurance> shall
  36-25  annually determine the rate of assessment of a maintenance tax to
  36-26  be paid <and collect as determined by the Board,> on an annual or
  36-27  semiannual basis.  The rate of assessment may<, a maintenance tax
  36-28  in an amount> not <to> exceed one percent of the correctly reported
  36-29  gross revenues received by all corporations issuing prepaid legal
  36-30  services contracts in this state.  The comptroller shall collect
  36-31  the maintenance tax.
  36-32        (b)  The tax required by this article is in addition to all
  36-33  other taxes now imposed or that may be subsequently imposed and
  36-34  that are not in conflict with this article.
  36-35        (c)  The commissioner <State Board of Insurance>, after
  36-36  taking into account the unexpended funds produced by this tax, if
  36-37  any, shall adjust the rate of assessment each year to produce the
  36-38  amount of funds that it estimates will be necessary to pay all the
  36-39  expenses of regulating nonprofit legal services corporations during
  36-40  the succeeding year.  In making an estimate under this subsection,
  36-41  the commissioner shall take into account the requirement that the
  36-42  general revenue fund be reimbursed under Article 4.19 of this code.
  36-43        (d)  The taxes collected shall be deposited in the State
  36-44  Treasury to the credit of the general revenue fund to be
  36-45  reallocated to the Texas Department <State Board> of Insurance
  36-46  operating fund and shall be spent as authorized by legislative
  36-47  appropriation <only> on warrants issued by the comptroller <of
  36-48  public accounts> pursuant to duly certified requisitions of the
  36-49  commissioner <State Board of Insurance>.  Amounts reallocated to
  36-50  the Texas Department of Insurance operating fund under this
  36-51  subsection may be transferred to the general revenue fund in
  36-52  accordance with Article 4.19 of this code.
  36-53        (e)  Article 1.31A of this code applies to taxes collected
  36-54  under this article <section>.
  36-55        (f)  The comptroller <State Board of Insurance> may elect to
  36-56  collect on a semiannual basis the tax assessed under this article
  36-57  only from insurers whose tax liability under this article for the
  36-58  previous tax year was $2,000 or more.  The comptroller <State Board
  36-59  of Insurance> may prescribe and adopt reasonable rules to implement
  36-60  such payments as it deems advisable, not inconsistent with this
  36-61  article.
  36-62        (g)  The commissioner shall advise the comptroller of the
  36-63  applicable rate of assessment no later than the date 45 days prior
  36-64  to the due date of the tax return for the period for which such
  36-65  taxes are due.  If the commissioner has not advised the comptroller
  36-66  of the applicable rate by such date, the applicable rate shall be
  36-67  the rate applied in the previous tax period.  If the commissioner
  36-68  advises the comptroller of the applicable rate of assessment after
  36-69  taxes have been assessed pursuant to this subsection, the
  36-70  comptroller shall:
   37-1              (1)  advise each taxpayer in writing of the amount of
   37-2  any additional taxes due; or
   37-3              (2)  refund any excess taxes paid.
   37-4        SECTION 3.24.  Section 2.21, Texas Workers' Compensation Act
   37-5  (Article 8308-2.21, Vernon's Texas Civil Statutes), is amended to
   37-6  read as follows:
   37-7        Sec. 2.21.  Commission funding.  Unless otherwise provided,
   37-8  all proceeds, including administrative penalties and advance
   37-9  deposits for purchase of services, collected under this Act shall
  37-10  be deposited in the General Revenue Fund of the state treasury to
  37-11  the credit of the commission.  The funds may be spent as authorized
  37-12  by legislative appropriation on warrants issued by the comptroller
  37-13  <of public accounts> under requisitions made by the commission.
  37-14  Proceeds deposited in the General Revenue Fund under this section
  37-15  may be used to satisfy the requirements of Article 4.19, Insurance
  37-16  Code.
  37-17        SECTION 3.25.  Section 2.23(a), Texas Workers' Compensation
  37-18  Act (Article 8308-2.23, Vernon's Texas Civil Statutes), is amended
  37-19  to read as follows:
  37-20        (a)  The commission shall set and certify to the comptroller
  37-21  <State Board of Insurance> the rate of assessment no later than
  37-22  October 31 of each year, taking into account the following factors:
  37-23              (1)  expenditures projected as necessary for the
  37-24  commission to administer this Act during the fiscal year for which
  37-25  the rate of assessment is set and to reimburse the general revenue
  37-26  fund in accordance with Article 4.19, Insurance Code;
  37-27              (2)  projected employee benefits paid from general
  37-28  revenues;
  37-29              (3)  surpluses or deficits produced by this tax in the
  37-30  preceding year; and
  37-31              (4)  revenue recovered from other sources, including
  37-32  reappropriated receipts, grants, payments, fees, gifts, and
  37-33  penalties recovered under this Act.
  37-34        SECTION 3.26.  Section 11.09(c), Texas Workers' Compensation
  37-35  Act (Article 8308-11.09, Vernon's Texas Civil Statutes), is amended
  37-36  to read as follows:
  37-37        (c)  Amounts received under this section shall be deposited
  37-38  in the state treasury to the credit of a special fund to be used
  37-39  for the operation of the research center and to reimburse the
  37-40  general revenue fund in accordance with Article 4.19, Insurance
  37-41  Code.
  37-42        SECTION 3.27.  Section 101.003, Tax Code, is amended by
  37-43  amending Subdivisions (8) and (11) and adding Subdivision (12) to
  37-44  read as follows:
  37-45              (8)  "Taxpayer" means a person liable for a tax, fee,
  37-46  assessment, or other amount imposed by law administered by the
  37-47  comptroller <this title>.
  37-48              (11)  "Report" means a tax return, declaration,
  37-49  statement, or other document required to be filed with the
  37-50  comptroller <by a provision of this title>.
  37-51              (12)  "Obligation" means the duty of a person to pay a
  37-52  tax, fee, assessment, or other amount or to make, file, or keep a
  37-53  report, certificate, affidavit, or other document.
  37-54        SECTION 3.28.  Subchapter A, Chapter 111, Tax Code, is
  37-55  amended by adding Section 111.0022 to read as follows:
  37-56        Sec. 111.0022.  APPLICATION TO OTHER PROGRAMS.  This subtitle
  37-57  and Subtitle A apply to the administration of other programs or
  37-58  functions assigned to the comptroller by law.
  37-59        SECTION 3.29.  The following laws are repealed:
  37-60              (1)  Section 12(f), Article 1.14-1, Insurance Code;
  37-61              (2)  Sections 12 and 16, Article 4.10, Insurance Code;
  37-62              (3)  Sections 7 and 11, Article 4.11, Insurance Code;
  37-63              (4)  Articles 4.13, 4.14, 4.15, and 4.16, Insurance
  37-64  Code;
  37-65              (5)  Sections 6 and 10, Article 9.59, Insurance Code;
  37-66  and
  37-67              (6)  Section 33(b), Texas Health Maintenance
  37-68  Organization Act (Article 20A.33, Vernon's Texas Insurance Code).
  37-69        SECTION 3.30.  (a)  The State Board of Insurance, the
  37-70  Commissioner of Insurance, and the Texas Department of Insurance
   38-1  shall transfer and the comptroller shall assume the duties assigned
   38-2  to the comptroller under Article 1.04D, Insurance Code, as added by
   38-3  this Act, on September 1, 1993.  In assuming these duties, the
   38-4  comptroller shall assume responsibility for the collection,
   38-5  reporting, enforcement, and administration of any tax, assessment,
   38-6  or fee owing on or before September 1, 1993, to the extent such
   38-7  responsibility is transferred to the comptroller under this article
   38-8  and for the payment of any refund owing on or before September 1,
   38-9  1993, without regard to whether the law on which the tax,
  38-10  assessment, fee, or refund was based has been repealed on or before
  38-11  that date.
  38-12        (b)  The comptroller may modify procedures that had been used
  38-13  by the State Board of Insurance or the Texas Department of
  38-14  Insurance in performing the functions that are transferred to the
  38-15  comptroller under this article to increase efficiency and cost
  38-16  effectiveness.
  38-17        (c)  Rules of the Texas Department of Insurance that are in
  38-18  effect on September 1, 1993, and that relate to the functions
  38-19  transferred to the comptroller under this article remain in effect
  38-20  until repealed or amended by the comptroller.
  38-21        SECTION 3.31.  (a)  To assist the comptroller of public
  38-22  accounts in implementing the reporting, collection, enforcement,
  38-23  and administration functions with respect to insurance taxes and
  38-24  selected fees as described in this article, there is hereby
  38-25  appropriated to the comptroller of public accounts from the general
  38-26  revenue fund the sums of $1,570,432 for the fiscal year ending
  38-27  August 31, 1994, and $1,042,138 for the fiscal year ending August
  38-28  31, 1995.  Any unexpended balances remaining as of August 31, 1994
  38-29  are hereby reappropriated for the fiscal year ending August 31,
  38-30  1995.  The comptroller may transfer the sum appropriated into the
  38-31  comptroller's operating fund No. 062 and into the appropriate
  38-32  program appropriations identified in the General Appropriations
  38-33  Act.
  38-34        (b)  The transfer required by this article includes all
  38-35  duties and obligations of any kind, except as otherwise
  38-36  specifically provided, relating to the reporting, collection,
  38-37  enforcement, and administration of all taxes and of selected fees
  38-38  and assessments as set forth in the Insurance Code, and includes
  38-39  all assets, liabilities, real or personal property, personnel,
  38-40  furniture, computers, and other equipment, files, and related
  38-41  materials used by the State Board of Insurance, the commissioner,
  38-42  or the department to perform the aspects and functions transferred
  38-43  by this article.
  38-44        SECTION 3.32.  The change in law made by this article to
  38-45  Section 6(b), Article 4.10, Insurance Code, Section 13, Article
  38-46  4.11, Insurance Code, and Section 3(b), Article 9.59, Insurance
  38-47  Code, relating to the dates for prepayment of tax, apply only to
  38-48  the prepayment of premium taxes beginning with prepayments that
  38-49  become due after March 1, 1994.  The dates for prepayment of
  38-50  premium taxes under those articles before March 1, 1994, are
  38-51  governed by the law as it existed before the effective date of this
  38-52  article and that law is continued in effect for that purpose.
  38-53            ARTICLE 4.  APPEAL OF DECISIONS OF COMMISSIONER
  38-54        SECTION 4.01.  Section 4, Article 1.15, Insurance Code, is
  38-55  amended to read as follows:
  38-56        Sec. 4.  Any rule, regulation, order, decision or finding of
  38-57  the Board under this Act shall be subject to <full> review in
  38-58  accordance with Article 1.04 of this code <any suit filed by any
  38-59  interested party in any District Court of the State of Texas in
  38-60  Travis County, Texas, and not elsewhere>.  The filing of such suit
  38-61  shall operate as a stay of any such rule, regulation, order,
  38-62  decision or finding of the Board until the court directs otherwise.
  38-63  <The court may review all the facts, shall hear, try and determine
  38-64  said suit de novo as other civil cases in said court; and in
  38-65  disposing of the issues before it, may modify, affirm, or reverse
  38-66  the action of the Board in whole or in part.>
  38-67        SECTION 4.02.  Section 8(A)(4), Article 3.53, Insurance Code,
  38-68  is amended to read as follows:
  38-69              (4)  Any person aggrieved by the action of the board in
  38-70  the setting of a presumptive rate or any other action taken with
   39-1  regard to the setting of such presumptive rate may within 30 days
   39-2  from the date the board took the action complained of appeal in
   39-3  accordance with Article 1.04 of this code<, file a suit in a
   39-4  district court of Travis County to review the action.  Such cases
   39-5  shall be tried de novo in the district court and shall be governed
   39-6  by the same rules of procedure and evidence as in other civil cases
   39-7  in such courts.  The court may enter an order setting aside or
   39-8  affirming the action of the board>.
   39-9        SECTION 4.03.  Article 5.26(g), Insurance Code, is amended to
  39-10  read as follows:
  39-11        (g)  The Board may call a public hearing on any application
  39-12  for permission to file a deviation or a hearing on a permitted
  39-13  deviation and shall call a hearing upon the request of any
  39-14  aggrieved policyholder of the company filing the deviation made
  39-15  within thirty (30) days after the granting or denying of any
  39-16  deviation.  The Board shall give reasonable notice of such hearings
  39-17  and shall hear witnesses respecting such matters.  Any applicant
  39-18  dissatisfied with any order of the Board made without a hearing
  39-19  under this Article may within thirty (30) days after entry of such
  39-20  order make written request of the Board for a hearing thereon.  The
  39-21  Board shall hear such applicant within twenty (20) days after
  39-22  receiving such request and shall give not less than ten (10) days
  39-23  written notice of the time and place of the hearing.  Within
  39-24  fifteen (15) days after such hearing the Board shall affirm,
  39-25  reverse or modify by order its previous action, specifying in such
  39-26  order its reasons therefor.  Any applicant who may be dissatisfied
  39-27  with any order of the Board respecting its application may appeal
  39-28  in accordance with Article 1.04 of this code.  <to the District
  39-29  Court of Travis County, Texas, and not elsewhere, by filing a
  39-30  petition within thirty (30) days after the rendition or entry of
  39-31  such order setting forth its grounds of objection thereto, in which
  39-32  said action the appealing applicant shall be plaintiff and the
  39-33  Board shall be defendant.  The action shall not be limited to
  39-34  questions of law and the substantial evidence rule shall not apply,
  39-35  but such action shall be tried and determined upon a trial de novo
  39-36  to the same extent as now provided in the case of an appeal from
  39-37  the Justice Court to the County Court.>  The judgment of the
  39-38  District Court shall be appealable as in any other civil case.
  39-39  Such action shall have precedence over other civil cases on the
  39-40  dockets of the appellate courts.  Should the Board terminate or
  39-41  refuse to renew a permitted deviation or refuse permission for
  39-42  filing of a deviation under subdivision (f) hereof, then such
  39-43  deviation shall remain in effect during the course of any hearing
  39-44  thereon and thirty (30) days thereafter, and during the course of
  39-45  any appeal taken from such order and until final judgment of the
  39-46  courts.  <The Board shall not be required to give any appeal or
  39-47  supersedeas bond in any cause arising hereunder.   All hearings
  39-48  before the Board and appeals to the District Courts under this
  39-49  Article shall be governed exclusively by this Article.>
  39-50        SECTION 4.04.  Article 9.33, Insurance Code, is amended to
  39-51  read as follows:
  39-52        Art. 9.33.  To Cancel License; Appeals by Companies.  (a)
  39-53  The terms and provisions of this Act are conditions upon which
  39-54  corporations doing the business provided for in this Act may
  39-55  continue to exist, and failure to comply with any of them or a
  39-56  violation of any of the terms of this Act shall be proper cause for
  39-57  revocation of the permit and forfeiture of charter of a domestic
  39-58  corporation or the permit of a foreign corporation.
  39-59        (b)  Any company qualified or seeking to qualify under this
  39-60  Act, feeling aggrieved by any action of the Board, especially, but
  39-61  not limited to, any action against such company, shall have the
  39-62  right to file a suit in the District Court of Travis County, within
  39-63  thirty (30) days after the Board has made its order or ruling;
  39-64  provided, however, that if the order or ruling is directed against
  39-65  such company, whether or not directed against other companies, such
  39-66  company shall have thirty (30) days after receipt of official
  39-67  notice of such ruling from the Board to review such action of the
  39-68  Board.  Such cases shall be subject to the same standard of review
  39-69  as other appeals under this code in accordance with Article 1.04 of
  39-70  this code <tried de novo in such District Court in accordance with
   40-1  the provisions of Article 21.44 of the Insurance Code and shall be
   40-2  governed by the same rules of pleading, including rights of
   40-3  amendments thereof, evidence, and procedure as are applicable to
   40-4  other civil cases in the original jurisdiction of a District
   40-5  Court>.
   40-6        SECTION 4.05.  Article 14.06, Insurance Code, is amended to
   40-7  read as follows:
   40-8        Art. 14.06.  Refusal of Certificate or Permit.  (a)  No such
   40-9  corporation shall continue to operate in this State if the Board
  40-10  has notified it in writing of the refusal of the Board to issue it
  40-11  a certificate and permit.  But any such corporation may within
  40-12  sixty (60) days after receiving such notice file a suit <in any
  40-13  district court of Travis County, Texas,> to review the said action
  40-14  of the Board in accordance with Article 1.04 of this code <and may
  40-15  by trial de novo have all necessary relief both in law and equity
  40-16  to enforce its rights under this chapter>.
  40-17        (b)  Nothing in this chapter shall be construed to validate
  40-18  or otherwise sanction any unlawful act of any such corporation,
  40-19  except when such unlawful act may have been construed to be
  40-20  unlawful simply by reason of the fact that the law under which said
  40-21  corporation was created has since been repealed or amended so as to
  40-22  omit therefrom such corporations as are described in this chapter.
  40-23        SECTION 4.06.  Section 6(b), Article 21.21-2, Insurance Code,
  40-24  is amended to read as follows:
  40-25        (b)  Any insurer affected by a ruling or order of the board
  40-26  pursuant to the provisions of this Act may appeal same by filing
  40-27  suit <in any of the district courts of Travis County, Texas,>
  40-28  within 20 days from the date of the order of said board.  Such
  40-29  appeal shall be governed by Article 1.04 of this code <by trial de
  40-30  novo>.  Reasonable attorneys' fees shall be awarded the board if
  40-31  judicial action is necessary for the enforcement of its orders.
  40-32        SECTION 4.07.  Section 3(h), Article 21.28, Insurance Code,
  40-33  is amended to read as follows:
  40-34        (h)  Action on Claims.  The receiver shall have the
  40-35  discretion to approve or reject any claim filed against the
  40-36  insurer.  Objections to any claim not rejected may be made by any
  40-37  party interested, by filing the objections with the receiver, who
  40-38  shall forthwith present them to the court for determination after
  40-39  notice and hearing.  Upon the rejection of each claim either in
  40-40  whole or in part, the receiver shall notify the claimant of such
  40-41  rejection by written notice.  Action upon a claim so rejected must
  40-42  be brought in the court in which the delinquency proceeding is
  40-43  pending within three (3) months after service of notice; otherwise,
  40-44  the action of the receiver shall be final and not subject to
  40-45  review.  Such action shall be <de novo as if originally filed in
  40-46  said court and> subject to the same standard of review as other
  40-47  appeals under this code in accordance with Article 1.04 of this
  40-48  code <rules of procedure and appeal applicable to civil cases>.
  40-49  This action shall be a separate action from the delinquency
  40-50  proceeding, and a claimant's attempt to appeal the action of the
  40-51  receiver by way of intervening in the delinquency proceeding does
  40-52  not comply with this subsection.
  40-53        SECTION 4.08.  Section 7, Article 21.28-A, Insurance Code, is
  40-54  amended to read as follows:
  40-55        Sec. 7.  Review and Stay of Action.  During the period of
  40-56  supervision and during the period of conservatorship, the insurance
  40-57  company may request the Commissioner of Insurance or in his
  40-58  absence, the duly appointed deputy for such purpose, to review an
  40-59  action taken or proposed to be taken by the supervisor or
  40-60  conservator, specifying wherein the action complained of is
  40-61  believed not to be in the best interests of the insurance company,
  40-62  and such request shall stay the action specified pending review of
  40-63  such action by the Commissioner or his duly appointed deputy.  Any
  40-64  order entered by the Commissioner appointing a supervisor and
  40-65  providing that the insurance company shall not do certain acts as
  40-66  provided in Section 4 of this Article, any order entered by the
  40-67  Commissioner appointing a conservator, and any order by the
  40-68  Commissioner following the review of an action of the supervisor or
  40-69  conservator as hereinabove provided may be appealed under Article
  40-70  1.04 of this code <shall be immediately reviewed by the State Board
   41-1  of Insurance upon the filing of an appeal by the insurance company.
   41-2  The Board shall review the action complained of in a public hearing
   41-3  and render its decision at the earliest possible date thereafter,
   41-4  and the requirement of ten (10) days notice set out in Article
   41-5  1.04(d) of this Code may be waived by the parties of record.  The
   41-6  Board may stay the effectiveness of any order of the Commissioner,
   41-7  pending its review of such order.  Such appeal shall have
   41-8  precedence over all other business of a different nature pending
   41-9  before the Board, and in the public hearing any and all evidence
  41-10  and matters pertaining to the appeal may be submitted to the Board,
  41-11  whether included in the appeal or not, and the Board shall make
  41-12  such other rules and regulations with regard to such applications
  41-13  and their consideration as it deems advisable.  If such insurance
  41-14  company be dissatisfied with any decision, regulation, order, rule,
  41-15  act or administrative ruling adopted by the State Board of
  41-16  Insurance, such dissatisfied insurance company after failing to get
  41-17  relief from the State Board of Insurance, may initiate an action by
  41-18  filing a petition setting forth the particular objection to such
  41-19  decision, regulation, order, rule, act or administrative ruling, or
  41-20  to either or all of them, in the District Court of Travis County,
  41-21  Texas, and not elsewhere, against the State Board of Insurance as
  41-22  defendant.  Notwithstanding any other statute or rule of procedure,
  41-23  the filing of a petition for the purpose of initiating such an
  41-24  action with respect to this article does not stay or vacate the
  41-25  decision, regulation, order, rule, act, or administrative ruling or
  41-26  either or all of them unless the court that acquires jurisdiction,
  41-27  after hearing and by order, specifically stays or vacates the
  41-28  decision, regulation, order, rule, act, or administrative ruling
  41-29  that is the subject of the action.  The action shall not be limited
  41-30  to questions of law and the substantial evidence rule shall not
  41-31  apply, except as interpretation of the Constitution may require,
  41-32  but such action shall be tried and determined upon a trial de novo
  41-33  to the same extent as now provided for in the case of an appeal
  41-34  from the Justice Court to the County Court>.  Either party to said
  41-35  action may appeal to the Appellate Court having jurisdiction of
  41-36  said cause and said appeal shall be at once returnable to said
  41-37  Appellate Court having jurisdiction of said cause and said action
  41-38  so appealed shall have precedence in said Appellate Court over all
  41-39  causes of a different character therein pending.  <The Board shall
  41-40  not be required to give any appeal bond in any cause arising
  41-41  hereunder.>
  41-42        SECTION 4.09.  The change in law made by this article and
  41-43  made by this Act to Article 9.07, Insurance Code, Article 9.37,
  41-44  Insurance Code, Section 5, Article 9.44, Insurance Code, and
  41-45  Section 8(e), Article 9.56, Insurance Code, that relate to the
  41-46  standard for judicial review of a ruling, action, order, decision,
  41-47  or other act of the commissioner of insurance or the state board of
  41-48  insurance applies only to judicial review of a ruling, action,
  41-49  order, decision, or other act made or committed on or after the
  41-50  effective date of this Act.  Judicial review of a ruling, action,
  41-51  order, decision, or other act made or committed before the
  41-52  effective date of this Act is governed by the law in effect
  41-53  immediately before the effective date of this Act, and that law is
  41-54  continued in effect for that purpose.
  41-55                 ARTICLE 5.  ADMINISTRATIVE PENALTIES
  41-56        SECTION 5.01.  Chapter 1, Insurance Code, is amended by
  41-57  adding Article 1.10E to read as follows:
  41-58        Art. 1.10E.  ADMINISTRATIVE PENALTIES
  41-59        Sec. 1.  DEFINITIONS.  In this article:
  41-60              (1)  "Person" means an individual, corporation, trust,
  41-61  partnership, association, or any other legal entity.
  41-62              (2)  "Administrative penalty" means any monetary
  41-63  penalty which may be imposed under this article by the
  41-64  commissioner.
  41-65        Sec. 2.  PENALTY AUTHORIZED.  On written notification of a
  41-66  specific violation, the commissioner may impose an administrative
  41-67  penalty against a person licensed or regulated under this code or
  41-68  another insurance law of this state who violates this code, another
  41-69  insurance law of this state, or a rule or order adopted under this
  41-70  code or another insurance law of this state.
   42-1        Sec. 3.  AMOUNT OF PENALTY.  (a)  The penalty for a violation
   42-2  may be in an amount not to exceed $25,000, unless a greater or
   42-3  lesser penalty is specified by a provision of this code or another
   42-4  insurance law of this state.
   42-5        (b)  The amount of the penalty shall be based on:
   42-6              (1)  the seriousness of the violation, including the
   42-7  nature, circumstances, extent, and gravity of any prohibited acts,
   42-8  and the hazard or potential hazard created to the health, safety,
   42-9  or economic welfare of the public;
  42-10              (2)  the economic harm to the public's interests or
  42-11  confidences caused by the violation;
  42-12              (3)  the history of previous violations;
  42-13              (4)  the amount necessary to deter future violations;
  42-14              (5)  efforts to correct the violation;
  42-15              (6)  whether the violation was intentional or
  42-16  unintentional; and
  42-17              (7)  any other matter that justice may require.
  42-18        Sec. 4.  PROCEDURES FOR ASSESSING PENALTY; HEARING.  (a)  If
  42-19  the department determines that a violation has occurred, the
  42-20  department may issue to the commissioner a report that states the
  42-21  facts on which the determination is based and the department's
  42-22  recommendation on the imposition of a penalty, including a
  42-23  recommendation on the amount of the penalty.
  42-24        (b)  Within 14 days after the date the report is issued, the
  42-25  department shall give written notice of the report to the person.
  42-26  The notice may be given by certified mail.  The notice must include
  42-27  a brief summary of the alleged violation and a statement of the
  42-28  amount of the recommended penalty and must inform the person that
  42-29  the person has a right to a hearing on the occurrence of the
  42-30  violation, the amount of the penalty, or both the occurrence of the
  42-31  violation and the amount of the penalty.
  42-32        (c)  Within 20 days after the date the person receives the
  42-33  notice, the person in writing may accept the determination and
  42-34  recommended penalty of the department or may make a written request
  42-35  for a hearing on the occurrence of the violation, the amount of the
  42-36  penalty, or both the occurrence of the violation and the amount of
  42-37  the penalty.
  42-38        (d)  If the person accepts the determination and recommended
  42-39  penalty of the department, the commissioner by order shall approve
  42-40  the determination and impose the recommended penalty.
  42-41        (e)  If the person requests a hearing or fails to respond
  42-42  timely to the notice, the department shall set a hearing and give
  42-43  notice of the hearing to the person.  The hearing shall be held by
  42-44  an administrative law judge of the State Office of Administrative
  42-45  Hearings.  The administrative law judge shall make findings of fact
  42-46  and conclusions of law and promptly issue to the commissioner a
  42-47  proposal for a decision about the occurrence of the violation and
  42-48  the amount of a proposed penalty.  Based on the findings of fact,
  42-49  conclusions of law, and proposal for decision, the commissioner by
  42-50  order may find that a violation has occurred and impose a penalty
  42-51  or may find that no violation occurred.
  42-52        (f)  The notice of the commissioner's order given to the
  42-53  person under the Administrative Procedure and Texas Register Act
  42-54  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
  42-55  subsequent amendments must include a statement of the right of the
  42-56  person to judicial review of the order.
  42-57        (g)  Within 30 days after the date the commissioner's order
  42-58  is final as provided by Section 16(c), Administrative Procedure and
  42-59  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  42-60  Statutes), and its subsequent amendments, the person shall:
  42-61              (1)  pay the amount of the penalty;
  42-62              (2)  pay the amount of the penalty and file a petition
  42-63  for judicial review contesting the occurrence of the violation, the
  42-64  amount of the penalty, or both; or
  42-65              (3)  without paying the amount of the penalty, file a
  42-66  petition for judicial review contesting the occurrence of the
  42-67  violation, the amount of the penalty, or both the occurrence of the
  42-68  violation and the amount of the penalty.
  42-69        (h)  Within the 30-day period, a person who acts under
  42-70  Subsection (g)(3) of this section may:
   43-1              (1)  stay enforcement of the penalty by:
   43-2                    (A)  paying the amount of the penalty to the
   43-3  court for placement in an escrow account; or
   43-4                    (B)  giving the court a supersedeas bond that is
   43-5  approved by the court for the amount of the penalty and that is
   43-6  effective until all judicial review of the board's order is final;
   43-7  or
   43-8              (2)  request the court to stay enforcement of the
   43-9  penalty by:
  43-10                    (A)  filing with the court a sworn affidavit of
  43-11  the person stating that the person is financially unable to pay the
  43-12  amount of the penalty and is financially unable to give the
  43-13  supersedeas bond; and
  43-14                    (B)  giving a copy of the affidavit to the
  43-15  commissioner by certified mail.
  43-16        (i)  If the commissioner receives a copy of an affidavit
  43-17  under Subsection (h)(2) of this section, the commissioner may file
  43-18  with the court, within five days after the date the copy is
  43-19  received, a contest to the affidavit.  The court shall hold a
  43-20  hearing on the facts alleged in the affidavit as soon as
  43-21  practicable and shall stay the enforcement of the penalty on
  43-22  finding that the alleged facts are true.  The person who files an
  43-23  affidavit has the burden of proving that the person is financially
  43-24  unable to pay the amount of the penalty and to give a supersedeas
  43-25  bond.
  43-26        (j)  If the person does not pay the amount of the penalty and
  43-27  the enforcement of the penalty is not stayed, the commissioner may
  43-28  refer the matter to the attorney general for collection of the
  43-29  amount of the penalty.
  43-30        Sec. 5.  JUDICIAL REVIEW.  (a)  Judicial review of the order
  43-31  of the commissioner:
  43-32              (1)  is instituted by filing a petition as provided by
  43-33  Section 19, Administrative Procedure and Texas Register Act
  43-34  (Article 6252-13a, Vernon's Texas Civil Statutes); and
  43-35              (2)  is under the substantial evidence rule.
  43-36        (b)  If the court sustains the occurrence of the violation,
  43-37  the court may uphold or reduce the amount of the penalty and order
  43-38  the person to pay the full or reduced amount of the penalty.  If
  43-39  the court does not sustain the occurrence of the violation, the
  43-40  court shall order that no penalty is owed.
  43-41        (c)  When the judgment of the court becomes final, the court
  43-42  shall proceed under this subsection.  If the person paid the amount
  43-43  of the penalty and if that amount is reduced or is not upheld by
  43-44  the court, the court shall order that the appropriate amount plus
  43-45  accrued interest be remitted to the person.  The rate of the
  43-46  interest is the rate charged on loans to depository institutions by
  43-47  the New York Federal Reserve Bank, and the interest shall be paid
  43-48  for the period beginning on the date the penalty was paid and
  43-49  ending on the date the penalty is remitted.  If the person gave a
  43-50  supersedeas bond and if the amount of the penalty is not upheld by
  43-51  the court, the court shall order the release of the bond.  If the
  43-52  person gave a supersedeas bond and if the amount of the penalty is
  43-53  reduced, the court shall order the release of the bond after the
  43-54  person pays the amount.
  43-55        Sec. 6.  DEPOSIT TO GENERAL REVENUE FUND.  A penalty
  43-56  collected under this section shall be remitted to the comptroller
  43-57  for deposit in the general revenue fund.
  43-58        Sec. 7.  APPLICATION OF ADMINISTRATIVE PROCEDURE AND TEXAS
  43-59  REGISTER ACT.  All proceedings under this section are subject to
  43-60  the Administrative Procedure and Texas Register Act (Article
  43-61  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  43-62  amendments.
  43-63        Sec. 8.  APPLICATION TO OTHER LAWS.  This article applies to
  43-64  any monetary penalty imposed by the department or commissioner
  43-65  under this code or another insurance law of this state.
  43-66        SECTION 5.02.  Section 17A, Article 1.14-2, Insurance Code,
  43-67  is amended to read as follows:
  43-68        Sec. 17A.  Administrative penalty.  <(a)>  If a surplus lines
  43-69  agent violates Section 8 of this article or a rule, regulation, or
  43-70  order adopted under that provision, the State Board of Insurance
   44-1  may assess an administrative <a> penalty against that agent as
   44-2  provided by Article 1.10E of this code <Section 7, Article 1.10, of
   44-3  this code.>
   44-4        <(b)  In determining the amount of the penalty, the State
   44-5  Board of Insurance shall consider:>
   44-6              <(1)  the nature, circumstances, extent, and gravity of
   44-7  the violation;>
   44-8              <(2)  any economic benefit gained through the
   44-9  violation;>
  44-10              <(3)  the amount necessary to deter future violations;
  44-11  and>
  44-12              <(4)  any other matters that justice may require>.
  44-13        SECTION 5.03.  Section 19, Managing General Agents' Licensing
  44-14  Act (Article 21.07-3, Vernon's Texas Insurance Code), is amended to
  44-15  read as follows:
  44-16        Sec. 19.  Violations of act.  Any person, firm, or
  44-17  corporation who violates any of the provisions of this Act or any
  44-18  rule, regulation, or order adopted under this Act shall be subject
  44-19  to sanctions under Section 7, Article 1.10, Insurance Code.  <In
  44-20  determining the amount of any penalty, the State Board of Insurance
  44-21  shall consider:>
  44-22              <(1)  the nature, circumstances, extent, and gravity of
  44-23  the violation;>
  44-24              <(2)  any economic benefit gained through the
  44-25  violation;>
  44-26              <(3)  the amount necessary to deter future violations;
  44-27  and>
  44-28              <(4)  any other matters that justice may require.>
  44-29        SECTION 5.04.  Article 21.11-1, Insurance Code, is amended by
  44-30  amending Section 6 and adding Section 7 to read as follows:
  44-31        Sec. 6.  If it is found, after notice and an opportunity to
  44-32  be heard as determined by the board, that an insurance company has
  44-33  violated this article, the insurance company shall be subject to an
  44-34  administrative <a civil> penalty under Article 1.10E of this code
  44-35  of not less than $1,000 nor more than $10,000<, and it shall be
  44-36  subject to a civil suit by the agent for damages suffered because
  44-37  of the premature termination of the contract by the company>.
  44-38        Sec. 7.  Any agent who has sustained actual damages as a
  44-39  result of a company's violation of this article may maintain an
  44-40  action against the company, without regard to whether or not there
  44-41  has been a finding by the board that there has been a violation of
  44-42  this article.
  44-43        SECTION 5.05.  Sections 7(c) and (d), Article 21.21,
  44-44  Insurance Code, are amended to read as follows:
  44-45        (c)  Any person who violates the terms of a cease and desist
  44-46  order under this section is subject to an administrative penalty
  44-47  under Article 1.10E of this code.  An administrative penalty
  44-48  assessed under this subsection may not exceed $1,000 for each
  44-49  violation and a total of $5,000 for all violations <shall be given
  44-50  notice to appear and show cause, at a hearing to be held in
  44-51  conformity with Section 6 of this Article, why he should not
  44-52  forfeit and pay to the state a civil penalty of not more than
  44-53  $1,000 per violation and not to exceed a total of $5,000>.  In
  44-54  determining whether or not a cease and desist order has been
  44-55  violated, the Board shall take into consideration the maintenance
  44-56  of procedures reasonably adapted to insure compliance with the
  44-57  order.
  44-58        (d)  An order of the Board awarding an administrative penalty
  44-59  <civil penalties> under Subsection (c) of this section applies only
  44-60  to violations of this order incurred prior to the awarding of the
  44-61  penalty order.
  44-62        SECTION 5.06.  Section 5(k), Article 21.49-1, Insurance Code,
  44-63  is amended to read as follows:
  44-64        (k)  Additional Violations.  Each director or officer of an
  44-65  insurance company subject to this article, or of an insurance
  44-66  holding company system subject to this article, who knowingly and
  44-67  wilfully violates, participates in, or assents to or who knowingly
  44-68  and wilfully permits any of the officers, agents, or employees of
  44-69  the insurer or holding company system to engage in transactions or
  44-70  make investments that have not been properly reported or submitted
   45-1  under this article or that knowingly and wilfully violate this
   45-2  article is subject to an administrative penalty under Article 1.10E
   45-3  of this code<, shall pay, in the person's individual capacity, a
   45-4  civil penalty> of not more than $10,000 for each violation<, after
   45-5  notice and an opportunity for hearing before the commissioner.  In
   45-6  determining the amount of the civil penalty, the commissioner shall
   45-7  consider the appropriateness of the penalty with respect to the
   45-8  gravity of the violation, the history of previous violations, and
   45-9  any other matters that justice requires>.
  45-10        SECTION 5.07.  Section 17(a), Article 21.49-3b, Insurance
  45-11  Code, is amended to read as follows:
  45-12        (a)  An association that violates this article or any rule or
  45-13  order adopted under this article is subject to sanctions under
  45-14  Section 7, Article 1.10 of this code.  <In determining the amount
  45-15  of any penalty, the board shall consider:>
  45-16              <(1)  the nature, circumstances, extent, and gravity of
  45-17  the violation;>
  45-18              <(2)  any economic benefit gained through the
  45-19  violation;>
  45-20              <(3)  the amount necessary to deter future violations;
  45-21  and>
  45-22              <(4)  any other matters that justice may require.>
  45-23        SECTION 5.08.  This article applies only to the assessment of
  45-24  an administrative penalty on or after September 1, 1993.
  45-25  Assessment of an administrative penalty before September 1, 1993,
  45-26  is governed by the law in effect immediately before the effective
  45-27  date of this Act, and that law is continued in effect for this
  45-28  purpose.
  45-29              ARTICLE 6.  RATE AND POLICY FORM REGULATION
  45-30        SECTION 6.01.  Chapter 5, Insurance Code, is amended by
  45-31  adding Subchapter N to read as follows:
  45-32         SUBCHAPTER N.  STREAMLINED PROCEDURES FOR RATEMAKING
  45-33        Art. 5.121.  STUDY AND IMPLEMENTATION.  The department shall
  45-34  study and the commissioner may adopt and implement procedures for
  45-35  streamlining insurance rate proceedings under this chapter, this
  45-36  code, and other insurance laws of this state.  The procedures must
  45-37  ensure due process to all affected parties.
  45-38        SECTION 6.02.  Chapter 1, Insurance Code, is amended by
  45-39  adding Article 1.50 to read as follows:
  45-40        Art. 1.50.  SELECT COMMITTEE ON RATE AND POLICY FORM
  45-41  REGULATION
  45-42        Sec. 1.  DEFINITION.  In this article, "committee" means the
  45-43  select committee on rate and policy form regulation established
  45-44  under this article.
  45-45        Sec. 2.  COMPOSITION OF COMMITTEE.  (a)  The select committee
  45-46  on rate and policy form regulation is composed of:
  45-47              (1)  three members, appointed by the governor;
  45-48              (2)  three members of the senate, appointed by the
  45-49  lieutenant governor; and
  45-50              (3)  three members of the house of representatives,
  45-51  appointed by the speaker of the house of representatives.
  45-52        (b)  The governor shall designate a member of the committee
  45-53  to serve as presiding officer of the committee.
  45-54        Sec. 3.  PURPOSE; DUTIES; MEETINGS.  (a)  The committee shall
  45-55  study insurance rate and policy form regulation in this state.  The
  45-56  committee shall assess:
  45-57              (1)  the effects of changes made by the 72nd
  45-58  Legislature in insurance regulation to identify whether the purpose
  45-59  of the department should be further changed from insurance rate and
  45-60  policy form regulation and directed to:
  45-61                    (A)  regulation of the financial conditions of
  45-62  companies and market conduct; and
  45-63                    (B)  provision of consumer services;
  45-64              (2)  the degree of competition in the insurance
  45-65  industry in this state; and
  45-66              (3)  the availability of motor vehicle insurance, the
  45-67  number of uninsured drivers, and the number of drivers insured
  45-68  through the Texas Automobile Insurance Association, on a geographic
  45-69  area basis, to assess if certain geographic areas of the state are
  45-70  underserved.
   46-1        (b)  The committee shall meet monthly or as needed to carry
   46-2  out its duties under this section.
   46-3        (c)  The committee may appoint subcommittees, task groups, or
   46-4  advisory groups to assist it in its work.  Members of these groups
   46-5  are not required to be members of the committee.
   46-6        Sec. 4.  REPORT.  (a)  Not later than December 1, 1994, the
   46-7  committee shall issue a report of its findings.  The committee
   46-8  shall file copies of the report with the Legislative Reference
   46-9  Library, the governor's office, the secretary of the senate, the
  46-10  chief clerk of the house of representatives, the department, and
  46-11  the office of public insurance counsel.  The department shall make
  46-12  copies of the report available to the public at cost.
  46-13        (b)  The report shall include recommended rule or statutory
  46-14  changes to implement the committee's recommendations.
  46-15        Sec. 5.  STAFF.  On request of the committee, the Texas
  46-16  Legislative Council, governor's office, senate, and house of
  46-17  representatives shall provide staff as necessary to carry out the
  46-18  duties of the committee.
  46-19        Sec. 6.  WITNESSES; PROCESS.  The committee may issue a
  46-20  subpoena or other process to a witness at any place in this state,
  46-21  compel the attendance of the witness, and compel the production of
  46-22  a book, record, document, or instrument that the committee
  46-23  requires.  If necessary to obtain compliance with a subpoena or
  46-24  other process, the committee may issue a writ of attachment.  A
  46-25  subpoena or other process issued by the committee may be addressed
  46-26  to and served by any peace officer of this state or a political
  46-27  subdivision of this state.  The presiding officer shall issue, in
  46-28  the name of the committee, a subpoena or other process as the
  46-29  committee directs.  If the presiding officer is absent, the
  46-30  assistant presiding officer or a designee of the presiding officer
  46-31  may issue a subpoena or other process in the same manner as the
  46-32  presiding officer.  A witness attending proceedings of the
  46-33  committee under process is entitled to the same mileage and per
  46-34  diem payments as a witness before a grand jury in this state.  The
  46-35  testimony given at any hearing conducted under this article shall
  46-36  be given under oath subject to the penalties of perjury.
  46-37        Sec. 7.  COOPERATION OF OTHER AGENCIES.  If necessary to the
  46-38  discharge of its duties, the committee may request the assistance
  46-39  of a state agency, department, or office.  The agency, department,
  46-40  or office shall provide the requested assistance.
  46-41        Sec. 8.  EXPENSES.  The operating expenses of the committee
  46-42  shall be paid from available funds of the Texas Department of
  46-43  Insurance operating fund.  A member of the committee appointed
  46-44  under Section 2(a)(1) of this article is entitled to reimbursement
  46-45  from those funds for expenses incurred in carrying out official
  46-46  duties as a member of the committee at the rate specified in the
  46-47  General Appropriations Act.  Other members of the committee are not
  46-48  entitled to reimbursement for their expenses.
  46-49        Sec. 9.  PROGRESS REPORT.  Not later than December 1, 1996,
  46-50  the department shall issue a report on the department's progress in
  46-51  implementing recommendations for rule changes made by the committee
  46-52  and in implementing any changes in law made by the 74th Legislature
  46-53  in response to the recommendations of the committee.
  46-54        Sec. 10.  COMMITTEE ABOLISHED; EXPIRATION OF ARTICLE.  (a)
  46-55  The committee is abolished on December 31, 1994.
  46-56        (b)  This article expires January 1, 1997.
  46-57        SECTION 6.03.  Chapter 3, Insurance Code, is amended by
  46-58  adding Subchapter H to read as follows:
  46-59                     SUBCHAPTER H.  RATE REPORTING
  46-60        Art. 3.90.  HEALTH INSURER REPORTING.  (a)  This article
  46-61  applies to any insurance company, group hospital service
  46-62  corporation, or health maintenance organization that issues:
  46-63              (1)  an individual, group, blanket, or franchise
  46-64  insurance policy, or an insurance agreement, a group hospital
  46-65  service contract, or an evidence of coverage, that provides
  46-66  benefits for medical or surgical expenses incurred as a result of
  46-67  an accident or sickness; or
  46-68              (2)  a long-term care insurance policy, as that term is
  46-69  defined by Section 2, Article 3.70-12, of this code and its
  46-70  subsequent amendments.
   47-1        (b)  Each insurer subject to this article shall submit to the
   47-2  department information required by the department relating to the
   47-3  insurer's loss experience, overhead, and operating expenses.  The
   47-4  department may also request information about characteristics of
   47-5  persons insured by the insurer, including information on age,
   47-6  gender, health status, job classifications, and geographic
   47-7  distribution.
   47-8        (c)  The commissioner shall adopt rules governing the
   47-9  submission of information under this article.  The rules may not
  47-10  require an insurer to submit the information more than annually.
  47-11        SECTION 6.04.  Section 3(c), Article 5.101, Insurance Code,
  47-12  is amended to read as follows:
  47-13        (c)  Each initial flexibility band is based on a benchmark
  47-14  rate promulgated by the board.  On or before January 1, 1992, and
  47-15  annually thereafter, the board shall conduct hearings to determine
  47-16  the benchmark rates and flexibility bands by line.  The
  47-17  determination of the rate shall not include disallowed expenses
  47-18  under Subsection (h) of this section.  An insurer, the public
  47-19  insurance counsel, and any other interested person may present
  47-20  testimony at the hearing and may file information for consideration
  47-21  by the board.  An advisory organization which collects ratemaking
  47-22  data shall not be a party to the hearing.  The definition of "small
  47-23  and medium-sized insurers" shall be a limitation upon the scope of
  47-24  the presentation to be made by a trade association, but may not
  47-25  limit the participation of a trade association because its
  47-26  membership includes other sized insurers.  An insurer shall use
  47-27  that benchmark rate and the flexibility band to develop rates used
  47-28  for the line for the year following the setting of the benchmark
  47-29  rate and the flexibility band.
  47-30        SECTION 6.05.  Article 1.09-5(c), Insurance Code, is amended
  47-31  to read as follows:
  47-32        (c)  An employee of the department may appear before the
  47-33  board or its designated hearings officer only as follows:
  47-34              (1)  a member of the department's legal staff may
  47-35  assist the board or its designated hearings officer in the
  47-36  prehearing process and in aligning parties to board proceedings;
  47-37              (2)  one or more employees of the department may appear
  47-38  as a party, present evidence, and question witnesses in a
  47-39  proceeding in which the public counsel under Section 5(b)(1),
  47-40  Article 1.35A<(h)(1)> of this code is not authorized by law to
  47-41  appear;
  47-42              (3)  an employee responsible for collecting and
  47-43  compiling rate data may appear and present evidence relating to the
  47-44  validity of the compiled data and a licensed attorney employed as
  47-45  part of the legal staff of the department may assist such employee
  47-46  in making the presentation;
  47-47              (4)  one or more employees of the department may
  47-48  present evidence in any rate filing case under Article 5.13-2,
  47-49  5.15, 5.55, or 5.81 of this code;
  47-50              (5) <(4)>  the general counsel or an assistant general
  47-51  counsel may assist the board in any proceeding in which insurance
  47-52  rates are set; and
  47-53              (6) <(5)>  the general counsel or an assistant general
  47-54  counsel may be designated by the board and may serve as a hearings
  47-55  officer in any proceeding in which insurance rates are set or any
  47-56  prehearing proceeding provided that any final decision relating to
  47-57  rates to be set must be set by the board.
  47-58        SECTION 6.06.  Article 3.42, Insurance Code, is amended by
  47-59  adding Section (k) to read as follows:
  47-60        (k)  The department shall develop and implement rules to
  47-61  improve procedures for approval of policy forms under this article.
  47-62        SECTION 6.07.  Sections 1 and 2, Article 5.13-2, Insurance
  47-63  Code, are amended to read as follows:
  47-64        Sec. 1.  Purpose<; expiration date>.  (a)  This article
  47-65  governs the regulation of general liability, <lines and> commercial
  47-66  property, and medical professional liability insurance rates and
  47-67  forms.  It does not govern <lines insurance rates and forms, other
  47-68  than> fidelity, surety, or guaranty bonds.  The purposes of this
  47-69  article are to:
  47-70              (1)  promote the public welfare by regulating insurance
   48-1  rates to prohibit excessive, inadequate, or unfairly discriminatory
   48-2  rates;
   48-3              (2)  promote availability of insurance;
   48-4              (3)  promote price competition among insurers to
   48-5  provide rates and premiums that are responsive to competitive
   48-6  market conditions;
   48-7              (4)  prohibit price-fixing agreements and other
   48-8  anticompetitive behavior by insurers;
   48-9              (5)  regulate the insurance forms used for lines of
  48-10  insurance subject to this article to ensure that they are not
  48-11  unjust, unfair, inequitable, misleading, or deceptive; and
  48-12              (6)  provide regulatory procedures for the maintenance
  48-13  of appropriate information reporting systems.
  48-14        (b)  This article expires December 31, 1995.
  48-15        Sec. 2.  SCOPE.  This article applies to all lines of general
  48-16  liability, <or> commercial property, and medical professional
  48-17  liability insurance written under policies or contracts of
  48-18  insurance issued by a licensed insurer, other than a fidelity,
  48-19  surety, or guaranty bond.
  48-20        SECTION 6.08.  Sections 3(5) and (6), Article 5.13-2,
  48-21  Insurance Code, are amended to read as follows:
  48-22              (5)  "Supplementary rating information" means any
  48-23  manual, rating schedule, plan of rules, rating rules,
  48-24  classification systems, territory codes and descriptions, rating
  48-25  plans, and other similar information used by the insurer <required
  48-26  by the board> to determine the applicable premium for an insured.
  48-27  The term includes factors and relativities, such as increased
  48-28  limits factors, classification relativities, deductible
  48-29  relativities, premium discount, and <or> other similar factors and
  48-30  rating plans such as experience, schedule, and retrospective
  48-31  rating.
  48-32              (6)  "Supporting information" means:
  48-33                    (A)  the experience and judgment of the filer and
  48-34  the experience or information of other insurers or advisory
  48-35  organizations relied on by the filer;
  48-36                    (B)  the interpretation of any other information
  48-37  relied on by the filer;
  48-38                    (C)  descriptions of methods used in making the
  48-39  rates; and
  48-40                    (D)  any other information required by the
  48-41  department <board> to be filed.
  48-42        SECTION 6.09.  Sections 5, 7, 8, and 9, Article 5.13-2,
  48-43  Insurance Code, are amended to read as follows:
  48-44        Sec. 5.  Rate filings; legislative report.  (a)  Each insurer
  48-45  shall file with the commissioner <board> all rates, supplementary
  48-46  rating information, and reasonable and pertinent supporting
  48-47  information for risks written in this state.
  48-48        (b)  If the commissioner <board> determines after a hearing
  48-49  that an insurer's rates require supervision because of the
  48-50  insurer's financial condition or the insurer's rating practices,
  48-51  the commissioner <board> may require the insurer to file with the
  48-52  commissioner <board> all rates, supplementary rate information, and
  48-53  any supporting information prescribed by the commissioner <board>.
  48-54        (c)  An insured that is aggrieved with respect to any filing
  48-55  in effect, or the public insurance counsel, may make a written
  48-56  application to the commissioner <board> for a hearing on the
  48-57  filing.  The application must specify the grounds on which the
  48-58  applicant bases the grievance.  If the commissioner <board> finds
  48-59  that the application is made in good faith, that the applicant
  48-60  would be so aggrieved if the grounds in the application are
  48-61  established, and that those grounds otherwise justify holding the
  48-62  hearing, the commissioner <board> shall hold a hearing not later
  48-63  than the 30th day after the date of receipt of the application.
  48-64  The commissioner <board> must give at least 10 days' written notice
  48-65  to the applicant and to each insurer that made the filing in
  48-66  question.
  48-67        (d)  If, after the hearing, the commissioner <board> finds
  48-68  that the filing does not meet the requirements of this article, the
  48-69  commissioner <board> shall issue an order specifying how the filing
  48-70  fails to meet the requirements of this article and stating the date
   49-1  on which, within a reasonable period after the order date, the
   49-2  filing is no longer in effect.  The commissioner <board> shall send
   49-3  copies of the order to the applicant and to each affected insurer.
   49-4        (e)  The commissioner <board> shall require each insurer
   49-5  subject to this article to file information with the commissioner
   49-6  <board> on a quarterly basis.  Each insurer shall provide the
   49-7  commissioner <board> with information relating to changes in
   49-8  losses, premiums, and market share since January 1, 1993.  The
   49-9  commissioner <board> shall report to the governor, lieutenant
  49-10  governor, and speaker of the house of representatives on a
  49-11  quarterly basis, relating to the information provided by the
  49-12  insurers' reports and to market conduct, especially consumer
  49-13  complaints.
  49-14        Sec. 7.  Disapproval.  (a)  The commissioner <board> shall
  49-15  disapprove a rate if the commissioner <board> determines that the
  49-16  rate filing made under this article does not meet the standards
  49-17  established under that section.
  49-18        (b)  If the commissioner <board> disapproves a filing, the
  49-19  commissioner <board> shall issue an order specifying in what
  49-20  respects the filing fails to meet the requirements of this article.
  49-21  The filer is entitled to a hearing on written request made to the
  49-22  board not later than the 30th day after the effective date of the
  49-23  disapproval order.
  49-24        (c)  If the commissioner <board> disapproves a rate that is
  49-25  in effect, the commissioner <board> may issue a disapproval order
  49-26  only after a hearing held after at least 20 days' written notice to
  49-27  the insurer that made the filing.  The disapproval order must be
  49-28  issued not later than the 15th day after the close of the hearing
  49-29  and must specify how the rate fails to meet the requirements of
  49-30  this article.  The disapproval order must state the date on which
  49-31  the further use of that rate is prohibited.  The commissioner
  49-32  <board> shall set the date not earlier than the 45th day after the
  49-33  date on which the hearing closes.
  49-34        Sec. 8.  Forms.  (a)  An insurance policy or printed
  49-35  endorsement form for use in writing the types of insurance subject
  49-36  to this article may not be delivered or issued for delivery in this
  49-37  state unless the form has been filed with and approved by the
  49-38  commissioner <board>.
  49-39        (b)  Each filing shall be made not later than the 60th day
  49-40  before the date of any use or delivery for use.  At the expiration
  49-41  of the 60-day period a filed form is approved unless, before the
  49-42  expiration of the 60 days, the commissioner <board> approves or
  49-43  disapproves the form by order.  Approval of a form by the
  49-44  commissioner <board> constitutes a waiver of any unexpired portion
  49-45  of the 60-day period.  The commissioner <board> may extend by not
  49-46  more than an additional 10 <60> days the period during which it may
  49-47  approve or disapprove a form by giving notice to the filer of the
  49-48  extension before the expiration of the initial period.  At the
  49-49  expiration of any extension and in the absence of any earlier
  49-50  approval or disapproval, the form shall be considered approved.
  49-51  For good cause shown, the commissioner <board> may withdraw the
  49-52  commissioner's <its> approval at any time after notice and a
  49-53  hearing.
  49-54        (c)  A commissioner's  <An> order <of the board> disapproving
  49-55  any form or any notice of the commissioner's <board's> intention to
  49-56  withdraw a previous approval must state the grounds for the
  49-57  disapproval in enough detail to reasonably inform the filer of the
  49-58  grounds.  An order of withdrawal of a previously approved form
  49-59  takes effect on the expiration of the prescribed period, but not
  49-60  sooner than the 30th day after the effective date of the withdrawal
  49-61  order, as prescribed by the commissioner <board>.
  49-62        (d)  An insurer may not use in this state any form after
  49-63  disapproval of the form or withdrawal of approval by the
  49-64  commissioner <board>.
  49-65        (e)  The commissioner <board> may promulgate standard
  49-66  insurance policy forms, endorsements, and other related forms that
  49-67  may be used, at the discretion of the insurer, by an insurer
  49-68  instead of the insurer's own forms in writing insurance subject to
  49-69  this article.  Forms submitted by insurers for approval under this
  49-70  section must provide coverage equivalent to that provided in the
   50-1  policy forms used for these lines of coverage on the effective date
   50-2  of this article.  An endorsement may not reduce coverage provided
   50-3  under the approved policy form.
   50-4        Sec. 9.  COMMISSIONER <BOARD> AUTHORITY.  If the commissioner
   50-5  <board> determines at any time that the implementation of this
   50-6  article or any part thereof is contrary to the public interest and
   50-7  has resulted in or may result in imminent peril to the insurance
   50-8  consumers of this state, the commissioner <board> may issue an
   50-9  order stating the harm to the public and shall thereafter rely upon
  50-10  Subchapters A-L of this chapter, or parts thereof, in the
  50-11  regulation of property and casualty insurance.
  50-12        SECTION 6.10.  Section 4(a), Article 5.15-1, Insurance Code,
  50-13  is amended to read as follows:
  50-14        (a)  The provisions of Article 5.13-2 of this code <5.15,
  50-15  Insurance Code,> shall apply to the filing of rates and rating
  50-16  information required under this article.
  50-17        SECTION 6.11.  Section 4A, Article 5.15-1, Insurance Code, is
  50-18  repealed.
  50-19        SECTION 6.12.  Section 1, Article 3.50, Insurance Code, is
  50-20  amended to read as follows:
  50-21        Sec. 1.  Definitions.  No policy of group life insurance
  50-22  shall be delivered in this state unless it conforms to one of the
  50-23  following descriptions:
  50-24              (1)  A policy issued to an employer, or to the trustees
  50-25  of a fund established by an employer, which employer or trustees
  50-26  shall be deemed the policyholder, to insure employees of the
  50-27  employer for the benefit of persons other than the employer,
  50-28  subject to the following requirements:
  50-29                    (a)  The employees eligible for insurance under
  50-30  the policy shall be all of the employees of the employer, or all of
  50-31  any class or classes thereof determined by conditions pertaining to
  50-32  their employment.  The policy may provide that the term "employees"
  50-33  shall include the employees of one or more subsidiary corporations,
  50-34  and the employees, individual proprietors, and partners of one or
  50-35  more affiliated corporations, proprietors or partnerships if the
  50-36  business of the employer and of such affiliated corporations,
  50-37  proprietors or partnerships is under common control through stock
  50-38  ownership, contract, or otherwise.  The policy may provide that the
  50-39  term "employees" shall include the individual proprietor or
  50-40  partners if the employer is an individual proprietor or a
  50-41  partnership.  The policy may provide that the term "employees"
  50-42  shall include retired employees.
  50-43                    (b)  The premium for the policy shall be paid by
  50-44  the policyholder, either wholly from the employer's fund or funds
  50-45  contributed by him, or partly from such funds and partly from funds
  50-46  contributed by the insured employees.  No policy may be issued on
  50-47  which the entire premium is to be derived from funds contributed by
  50-48  the insured employees.  A policy on which part of the premium is to
  50-49  be derived from funds contributed by the insured employees may be
  50-50  placed in force only if at least seventy-five percent (75%) of the
  50-51  then eligible employees, excluding any as to whom evidence of
  50-52  individual insurability is not satisfactory to the insurer, elect
  50-53  to make the required contributions.  A policy on which no part of
  50-54  the premium is to be derived from funds contributed by the insured
  50-55  employees must insure all eligible employees, or all except any as
  50-56  to whom evidence of individual insurability is not satisfactory to
  50-57  the insurer.
  50-58                    (c)  The policy must cover at least ten (10)
  50-59  employees at date of issue.
  50-60                    (d)  The amounts of insurance under the policy
  50-61  must be based upon some plan precluding individual selection either
  50-62  by the employees or by the employer or trustees.  No policy may be
  50-63  issued which provides insurance on any employee which together with
  50-64  any other insurance under any group life insurance policies issued
  50-65  to the employer or to the trustees of a fund established by the
  50-66  employer exceeds One Hundred Thousand Dollars ($100,000.00), unless
  50-67  four hundred percent (400%) of the annual compensation of such
  50-68  employee from his employer or employers exceeds One Hundred
  50-69  Thousand Dollars ($100,000.00), in which event all such term
  50-70  insurance shall not exceed four hundred percent (400%) of such
   51-1  annual compensation, except that this limitation shall not apply to
   51-2  group insurance on other than the term plan where such insurance is
   51-3  to be used to fund the benefits under a pension or profit sharing
   51-4  plan and the amount of such insurance does not exceed that required
   51-5  to provide at normal retirement date the pension specified by the
   51-6  plan, and except that a group policy which is issued by the same or
   51-7  another carrier to replace another group policy may provide term
   51-8  insurance not to exceed the amounts provided by the policy which it
   51-9  replaces, or the amounts provided above, whichever are greater.
  51-10              (2)  A policy issued to a labor union, which shall be
  51-11  deemed the employer and policyholder, to insure the members of such
  51-12  union who are actively engaged in the same occupation and who shall
  51-13  be deemed to be the employees of such union within the meaning of
  51-14  this Article.
  51-15              (3)  A policy issued to any association of employees of
  51-16  the United States Government or any subdivision thereof, provided
  51-17  the majority of the members of such association are residents of
  51-18  this state, an association of public employees, an incorporated
  51-19  city, town or village, an independent school district, common
  51-20  school district, state colleges or universities, any association of
  51-21  state employees, any association of state, county and city, town or
  51-22  village employees, and any association of any combination of state,
  51-23  county or city, town or village employees and any department of the
  51-24  state government which employer or association shall be deemed the
  51-25  policyholder to insure the employees of any such incorporated city,
  51-26  town or village, of any such independent school district, of any
  51-27  common school district, of any such state college or university, of
  51-28  any such department of the state government, members of any
  51-29  association of state, county or city, town or village or of the
  51-30  United States Government or any subdivision thereof, provided the
  51-31  majority of such employees reside in this state, employees for the
  51-32  benefit of persons other than the policyholder subject to the
  51-33  following requirements:
  51-34                    (a)  The persons eligible for insurance under the
  51-35  policy shall be all of the employees of the employer or if the
  51-36  policyholder is an association, all of the members of the
  51-37  association.
  51-38                    (b)  The premium for a policy issued to any
  51-39  policyholder authorized to be such policyholder under Subsection
  51-40  (3) of Section 1, Article 3.50, Texas Insurance Code, may be paid
  51-41  in whole or in part from funds contributed by the employer, or in
  51-42  whole or in part from funds contributed by the persons insured
  51-43  under said policy; or in whole or in part from funds contributed by
  51-44  the insured employees who are members of such association of
  51-45  employees; provided, however, that any monies or credits received
  51-46  by or allowed to the policyholder pursuant to any participation
  51-47  agreement contained in or issued in connection with the policy
  51-48  shall be applied to the payment of future premiums and to the pro
  51-49  rata abatement of the insured employees' contribution therefor; and
  51-50  provided further, that the employer may deduct from the employees'
  51-51  salaries the employees' contributions for the premiums when
  51-52  authorized in writing by the respective employees so to do.  Such
  51-53  policy may be placed in force only if at least 75% of the eligible
  51-54  employees or if an association of employees is the policyholder,
  51-55  75% of the eligible members of said association, excluding any as
  51-56  to whom evidence of individual insurability is not satisfactory to
  51-57  the insurer, elect to make the required premium contributions and
  51-58  become insured thereunder.   Any group policies heretofore issued
  51-59  to any of the groups named in Section 1(3) above and in existence
  51-60  on the effective date of this Act shall continue in force even
  51-61  though the number of employees or members insured thereunder is
  51-62  less than 75% of the eligible employees or members on the effective
  51-63  date of this Act.
  51-64                    (c)  The policy must cover at least ten (10)
  51-65  employees at date of issue, or if an association of employees is
  51-66  the policyholder, ten (10) members of said association at date of
  51-67  issue.
  51-68                    (d)  The term employees as used herein in
  51-69  addition to its usual meaning shall include elective and appointive
  51-70  officials of the state.
   52-1              (4)  A policy issued to a creditor, who shall be deemed
   52-2  the policyholder, to insure debtors of the creditor, subject to the
   52-3  following requirements:
   52-4                    (a)  The debtors eligible for insurance under the
   52-5  policy shall all be members of a group of persons numbering not
   52-6  less than fifty (50) at all times, who become borrowers, or
   52-7  purchasers of securities, merchandise or other property, under
   52-8  agreement to repay the sum borrowed or to pay the balance of the
   52-9  price of the securities, merchandise or other property purchased,
  52-10  to the extent of their respective indebtedness, but not to exceed
  52-11  Fifty Thousand Dollars ($50,000.00) on any one life or not to
  52-12  exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00) on
  52-13  any one life if the indebtedness is secured by a first lien on real
  52-14  estate; provided, however, the face amount of any loan or loan
  52-15  commitment, totally or partially executed, made to a debtor for
  52-16  educational purposes or to a debtor with seasonal income by a
  52-17  creditor in good faith for general agricultural or horticultural
  52-18  purposes, secured or unsecured, where the debtor becomes personally
  52-19  liable for the payment of such loan, may be so insured in an
  52-20  initial amount of such insurance not to exceed the total amount
  52-21  repayable under the contract of indebtedness and, when such
  52-22  indebtedness is repayable in substantially equal installments, the
  52-23  amount of insurance shall at no time exceed the scheduled or actual
  52-24  amount of unpaid indebtedness, whichever is greater, and such
  52-25  insurance on such credit commitments not exceeding one year in
  52-26  duration may be written up to the amount of the loan commitment on
  52-27  a nondecreasing or level term plan, but such insurance shall not
  52-28  exceed One Hundred Thousand Dollars ($100,000.00) on any one life.
  52-29                    (b)  The premium for the policy shall be paid by
  52-30  the policyholder, either from the creditor's funds or from charges
  52-31  collected from the insured debtors, or both.
  52-32                    (c)  The insurance issued shall not include
  52-33  annuities or endowment insurance.
  52-34                    (d)  The insurance shall be payable to the
  52-35  policyholder.  Such payment shall reduce or extinguish the unpaid
  52-36  indebtedness of the debtor to the extent of such payment; provided
  52-37  that in the case of a debtor for educational purposes or of a
  52-38  debtor with seasonal income, under a loan or loan commitment for
  52-39  general agricultural or horticultural purposes of the type
  52-40  described in paragraph (a), the insurance in excess of the
  52-41  indebtedness to the creditor, if any, shall be payable to the
  52-42  estate of the debtor or under the provision of a facility of
  52-43  payment clause.
  52-44              (5)  A policy issued to the trustees of a fund
  52-45  established by two or more employers in the same industry or by one
  52-46  or more labor unions, or to the trustees of a fund established by
  52-47  one or more employers in the same industry and one or more labor
  52-48  unions, or by one or more employers and one or more labor unions
  52-49  whose members are in the same or related occupations or trades,
  52-50  which trustees shall be deemed the policyholder, to insure
  52-51  employees of the employers or members of the unions for the benefit
  52-52  of persons other than the employers or the union, subject to the
  52-53  following requirements:
  52-54                    (a)  The persons eligible for insurance shall be
  52-55  all of the employees of the employers and the employees of the
  52-56  trade association of such employers or all of the members of the
  52-57  union, or all of any class or classes thereof determined by
  52-58  conditions pertaining to their employment, or to membership in the
  52-59  unions, or both.  The policy may provide that the term "employees"
  52-60  shall include retired employees, and the individual proprietor or
  52-61  partners if an employer is an individual proprietor or a
  52-62  partnership.  No director of a corporate employer shall be eligible
  52-63  for insurance under the policy unless such person is otherwise
  52-64  eligible as a bona fide employee of the corporation by performing
  52-65  services other than the usual duties of a director.  No individual
  52-66  proprietor or partner shall be eligible for insurance under the
  52-67  policy unless he is actively engaged in and devotes a substantial
  52-68  part of his time to the conduct of the business of the proprietor
  52-69  or partnership. The policy may provide that the term "employees"
  52-70  shall include the trustees or their employees, or both, if their
   53-1  duties are principally connected with such trusteeship.
   53-2                    (b)  The premium for the policy shall be paid by
   53-3  the trustees wholly from funds contributed by the employer or
   53-4  employers of the insured persons, or by the union or unions, or by
   53-5  both, or, partly from such funds and partly from funds contributed
   53-6  by the insured persons, except that in no event shall the
   53-7  contribution by an insured person toward the cost of his insurance
   53-8  exceed forty cents per thousand per month.  A policy on which part
   53-9  of the premium is to be derived from funds contributed by the
  53-10  insured persons specifically for their insurance may be placed in
  53-11  force only if at least seventy-five percent (75%) of the then
  53-12  eligible persons of each participating employer unit, excluding any
  53-13  as to whom evidence of insurability is not satisfactory to the
  53-14  insurer, elect to make the required contributions.  A policy on
  53-15  which no part of the premium is to be derived from funds
  53-16  contributed by the insured persons specifically for their insurance
  53-17  must insure all eligible persons, or all except any as to whom
  53-18  evidence of individual insurability is not satisfactory to the
  53-19  insurer.  The policy may provide that a participating employer or
  53-20  labor union may pay the premium directly to the insurer for the
  53-21  policy issued to the trustee, and in that event, the employer or
  53-22  labor union becomes the premium payor for the insured employees or
  53-23  union members for that employer unit.
  53-24                    (c)  The policy must cover at date of issue at
  53-25  least one hundred (100) persons; unless the policy is issued to the
  53-26  trustees of a fund established by employers which have assumed
  53-27  obligations through a collective bargaining agreement and are
  53-28  participating in the fund either pursuant to those obligations with
  53-29  regard to one or more classes of their employees which are
  53-30  encompassed in the collective bargaining agreement or as a method
  53-31  of providing insurance benefits for other classes of their
  53-32  employees, or unless the policy is issued to the trustees of a fund
  53-33  established by one or more labor unions.
  53-34                    (d)  The amounts of insurance under the policy
  53-35  must be based upon some plan precluding individual selection either
  53-36  by the insured persons or by the policyholder or employer.  No
  53-37  policy may be issued which provides term insurance on any person
  53-38  which together with any other term insurance under any group life
  53-39  insurance policy or policies issued to trustees or employers
  53-40  exceeds One Hundred Thousand Dollars ($100,000.00), unless four
  53-41  hundred percent (400%) of the annual compensation of such employee
  53-42  from his employer or employers exceeds One Hundred Thousand Dollars
  53-43  ($100,000.00), in which event all such term insurance shall not
  53-44  exceed four hundred percent (400%) of such annual compensation.
  53-45                    (e)  The limitation as to amount of group
  53-46  insurance on any person shall not apply to group insurance on other
  53-47  than the term plan where such insurance is to be used to fund the
  53-48  benefits under a pension plan and the amount of such insurance does
  53-49  not exceed that required to provide at normal retirement date the
  53-50  pension specified by the plan, and except that a group policy which
  53-51  is issued by the same or another carrier to replace another group
  53-52  policy may provide term insurance not to exceed the amount provided
  53-53  by the policy which it replaces, or the amounts provided above
  53-54  whichever is greater.
  53-55                    (f)  No policy may be issued (i) to insure
  53-56  employees of any employer whose eligibility to participate in the
  53-57  fund as an employer arises out of considerations directly related
  53-58  to the employer being a commercial correspondent or business client
  53-59  or patron of another employer (regardless of whether such other
  53-60  employer is or is not participating in the fund); or (ii) to insure
  53-61  employees of any employer which is not located in this state,
  53-62  unless the majority of the employers whose employees are to be
  53-63  insured are located in this state, or unless the policy is issued
  53-64  to the trustees of a fund established by one or more labor unions.
  53-65              (5A)  A policy issued to an association or trust for a
  53-66  group of individuals for the payment of future funeral expenses.
  53-67              (6)  A policy issued to cover any other group subject
  53-68  to the following requirements:
  53-69                    (a)  No such group life insurance policy shall be
  53-70  delivered in this state unless the Commissioner of Insurance finds
   54-1  that:
   54-2                          (i)  the issuance of such group policy is
   54-3  not contrary to the best interest of the public;
   54-4                          (ii)  the issuance of the group policy
   54-5  would result in economies of acquisition or administration; and
   54-6                          (iii)  the benefits are reasonable in
   54-7  relation to the premiums charged.
   54-8                    (b)  No such group life insurance coverage may be
   54-9  offered in this state by an insurer under a policy issued in
  54-10  another state unless this state or another state having
  54-11  requirements substantially similar to those contained in Paragraph
  54-12  (a) of Subdivision (6) has made a determination that such
  54-13  requirements have been met.
  54-14                    (c)  The premium for the policy shall be paid
  54-15  either from the policyholder's funds or from funds contributed by
  54-16  the covered person or from both.
  54-17                    (d)  Notwithstanding other provisions of law, an
  54-18  employer may insure the lives of its officers, directors,
  54-19  employees, and retirees under this subdivision for the purpose of
  54-20  and in an amount necessary to provide funds to offset fringe
  54-21  benefit-related liabilities.  Evidence of the purpose of the policy
  54-22  shall be submitted to the Commissioner of Insurance.  A policy
  54-23  issued for such purpose shall not diminish other life insurance
  54-24  benefits if any are offered or provided by such employer.  The
  54-25  provisions of Subdivisions 5 through 10 of Section 2 of this
  54-26  article shall not apply to such policies.
  54-27              (7)  No policy of wholesale, franchise or employee life
  54-28  insurance, as hereinafter defined, shall be issued or delivered in
  54-29  this state unless it conforms to the following requirements:
  54-30                    (a)  Wholesale, franchise or employee life
  54-31  insurance is hereby defined as:  a term life insurance plan under
  54-32  which a number of individual term life insurance policies are
  54-33  issued at special rates to a selected group.  A special rate is any
  54-34  rate lower than the rate shown in the issuing insurance company's
  54-35  manual for individually issued policies of the same type and to
  54-36  insureds of the same class.
  54-37                    (b)  Wholesale, franchise or employee life
  54-38  insurance may be issued to (1) the employees of a common employer
  54-39  or employers, covering at date of issue not less than five
  54-40  employees; or (2) the members of a labor union or unions covering
  54-41  at date of issue not less than five members; or (3) the members of
  54-42  a credit union or credit unions covering at date of issue not less
  54-43  than five (5) members.
  54-44                    (c)  The premium for the policy shall be paid
  54-45  either wholly from funds contributed by the employer or employers
  54-46  of the insured persons, or by the union or unions or by both, or
  54-47  partly from such funds and partly from funds contributed by the
  54-48  insured person, except that in no event shall the contribution by
  54-49  an insured person toward the cost of his insurance exceed forty
  54-50  cents per thousand per month.
  54-51                    (d)  No policy may be issued on a wholesale,
  54-52  franchise or employee life insurance basis which, together with any
  54-53  other term life insurance policy or policies issued on a wholesale,
  54-54  franchise, employee life insurance or group basis, provides term
  54-55  life insurance coverage for an amount in excess of One Hundred
  54-56  Thousand Dollars ($100,000.00), unless four hundred percent (400%)
  54-57  of the annual compensation of such employee from his employer or
  54-58  employers exceeds One Hundred Thousand Dollars ($100,000.00), in
  54-59  which event all such term insurance shall not exceed four hundred
  54-60  percent (400%) of such annual compensation.  An individual
  54-61  application shall be taken for each such policy and the insurer
  54-62  shall be entitled to rely upon the applicant's statements as to
  54-63  applicant's other similar coverage upon his life.
  54-64                    (e)  Each such policy of insurance shall contain
  54-65  a provision substantially as follows:
  54-66        A provision that if the insurance on an insured person ceases
  54-67  because of termination of employment or of membership in the union,
  54-68  such person shall be entitled to have issued to him by the insurer,
  54-69  without evidence of insurability an individual policy of life
  54-70  insurance without disability or other supplementary benefits,
   55-1  provided application for the individual policy shall be made, and
   55-2  the first premium paid to the insurer, within thirty-one (31) days
   55-3  after such termination.
   55-4                    (f)  Each such policy may contain any provision
   55-5  substantially as follows:
   55-6                          (1)  A provision that the policy is
   55-7  renewable at the option of the insurer only;
   55-8                          (2)  A provision for termination of
   55-9  coverage by the insurer upon termination of employment by the
  55-10  insured employee;
  55-11                          (3)  A provision requiring a person
  55-12  eligible for insurance to furnish evidence of individual
  55-13  insurability satisfactory to the insurer as condition to coverage.
  55-14                    (g)  The limitation as to amount of group and
  55-15  wholesale, franchise or employee life insurance on any person shall
  55-16  not apply to group insurance on other than the term plan where such
  55-17  insurance is to be used to fund benefits under a pension plan and
  55-18  the amount of such insurance does not exceed that required to
  55-19  provide at normal retirement date the pension specified by the
  55-20  plan, and except that a group policy which is issued by the same or
  55-21  another carrier to replace another group policy may provide term
  55-22  insurance not to exceed the amounts provided by the policy which it
  55-23  replaces, or the amounts provided above, whichever are greater.
  55-24                    (h)  Nothing contained in this Subsection (7)
  55-25  shall in any manner alter, impair or invalidate (1) any policy
  55-26  heretofore issued prior to the effective date of this Act; nor (2)
  55-27  any such plan heretofore placed in force and effect provided such
  55-28  prior plan was at date of issue legal and valid; nor (3) any policy
  55-29  issued on a salary savings franchise plan, bank deduction plan,
  55-30  pre-authorized check plan or similar plan of premium collection.
  55-31              (7A)  A policy may be issued to a principal, or if such
  55-32  principal is a life or life and accident or life, accident and
  55-33  health insurer, by or to such principal, covering when issued not
  55-34  less than ten (10) agents of the principal, subject to the
  55-35  following requirements:
  55-36                    (a)  As used in this section, the term "agents"
  55-37  shall be deemed to include general agents, subagents and salesmen.
  55-38                    (b)  The agents eligible for insurance under the
  55-39  policy shall be those who are under contract to render personal
  55-40  services for the principal for a commission or other fixed or
  55-41  ascertainable compensation.
  55-42                    (c)  The premium for the policy shall be paid
  55-43  either wholly by the principal or partly from funds contributed by
  55-44  the principal and partly from funds contributed by the insured
  55-45  agents.  A policy on which no part of the premium is to be derived
  55-46  from funds contributed by the insured agents must insure all of the
  55-47  eligible agents or all of any class or classes thereof determined
  55-48  by conditions pertaining to the services to be rendered by the
  55-49  agents to the principal.  A policy on which part of the premium is
  55-50  to be derived from funds contributed by the insured agents must
  55-51  cover at issue at least seventy-five percent (75%) of the eligible
  55-52  agents or at least seventy-five percent (75%) of any class or
  55-53  classes thereof determined by conditions pertaining to the services
  55-54  to be rendered by the agents; provided, however, that the benefits
  55-55  may be extended to other classes of agents as seventy-five percent
  55-56  (75%) thereof express the desire to be covered.
  55-57                    (d)  The amounts of insurance under the policy
  55-58  must be based upon some plan precluding individual selection either
  55-59  by the principal or by the agents.  No policy may be issued which
  55-60  provides term insurance on any agent which together with any other
  55-61  term insurance under any group life insurance policy or policies
  55-62  issued to the principal exceeds One Hundred Thousand Dollars
  55-63  ($100,000.00), unless four hundred percent (400%) of the annual
  55-64  commissions or other fixed or ascertainable compensation of such
  55-65  agent from the principal exceeds One Hundred Thousand Dollars
  55-66  ($100,000.00), in which event all such term insurance shall not
  55-67  exceed four hundred percent (400%) of such annual commissions or
  55-68  other fixed or ascertainable compensation.
  55-69                    (e)  The insurance shall be for the benefit of
  55-70  persons other than the principal.
   56-1              (8)  A policy issued to the Veterans Land Board of the
   56-2  State of Texas, who shall be deemed the policyholder to insure
   56-3  persons purchasing land under the Texas Veterans Land Program as
   56-4  provided in Section 16(B) of Article 5421m, Vernon's Texas Civil
   56-5  Statutes (Chapter 318, Acts of the 51st Legislature, Regular
   56-6  Session, 1949, as amended).
   56-7              (9)  Any policy of group term life insurance may be
   56-8  extended, in the form of group term life insurance only, to insure
   56-9  the spouse and minor children, natural or adopted, of an insured
  56-10  employee, provided the policy constitutes a part of the employee
  56-11  benefit program established for the benefit of employees of the
  56-12  United States government or any subdivision thereof, and provided
  56-13  further, that the spouse or children of other employees covered by
  56-14  the same employee benefit program in other states of the United
  56-15  States are or may be covered by group term life insurance, subject
  56-16  to the following requirements:
  56-17                    (a)  The premiums for the group term life
  56-18  insurance shall be paid by the policyholder from funds solely
  56-19  contributed by the insured employee.
  56-20                    (b)  The amounts of insurance under the policy
  56-21  must be based upon some plan precluding individual selection either
  56-22  by the insured employee or by the policyholder, provided that group
  56-23  term life insurance upon the life of a spouse shall not exceed the
  56-24  lesser of (1) Ten Thousand Dollars ($10,000.00) or (2) one-half of
  56-25  the amount of insurance on the life of the insured employee under
  56-26  the group policy; and provided that group term life insurance on
  56-27  the life of any minor child shall not exceed Two Thousand Dollars
  56-28  ($2,000.00).
  56-29                    (c)  Upon termination of the group term life
  56-30  insurance with respect to the spouse of any insured employee by
  56-31  reason of such person's termination of employment or death, or
  56-32  termination of the group contract, the spouse insured pursuant to
  56-33  this section shall have the same conversion rights as to the group
  56-34  term life insurance on his or her life as is provided for the
  56-35  insured employee.
  56-36                    (d)  Only one certificate need be issued for
  56-37  delivery to an insured employee if a statement concerning any
  56-38  dependent's coverage is included in such certificate.
  56-39              (10)  A policy of group life insurance may be issued to
  56-40  a nonprofit service, civic, fraternal, or community organization or
  56-41  association which has had an active existence for at least two
  56-42  years, has a constitution or bylaws, was formed for purposes other
  56-43  than obtaining insurance, and which association shall be deemed the
  56-44  policyholder to insure members and employees of such association
  56-45  for the benefit of persons other than the association or any of its
  56-46  officers, subject to the following requirements:
  56-47                    (a)  The persons eligible for insurance shall be
  56-48  all the members of the association, or all of any class thereof
  56-49  determined by conditions pertaining to membership in the
  56-50  association.
  56-51                    (b)  The amounts of insurance under the policy
  56-52  shall be based upon some plan precluding individual selection
  56-53  either by the insured members or by the association.
  56-54                    (c)  The premium for the policy shall be paid by
  56-55  the policyholder from the policyholder's own funds or from funds
  56-56  contributed by the employees or members specifically for their
  56-57  insurance, or from both.  The policy may provide that the premium
  56-58  may be paid directly to the insurer by individual employees or
  56-59  members from their own funds, and in that event, the respective
  56-60  employees or members become the premium payor for that particular
  56-61  certificate.
  56-62                    (d)  The policy shall cover at least twenty-five
  56-63  (25) persons at date of issue.
  56-64        ARTICLE 7.  FINANCIAL SUPERVISION OF ENTITIES REGULATED
  56-65                   BY TEXAS DEPARTMENT OF INSURANCE
  56-66        SECTION 7.01.  Section 2A(a)(1), Article 3.28, Insurance
  56-67  Code, is amended to read as follows:
  56-68              (1)  In conjunction with the annual statement and in
  56-69  addition to other information required by this article, every life
  56-70  insurance company doing business in this state shall annually
   57-1  submit to the State Board of Insurance the opinion of a qualified
   57-2  <an> actuary <or other financial specialist as defined by Board
   57-3  rule> as to whether the reserves and related actuarial items held
   57-4  in support of the policies and contracts specified by rule of the
   57-5  Board are computed appropriately, are based on assumptions which
   57-6  satisfy contractual provisions, are consistent with prior reported
   57-7  amounts, and comply with applicable laws of this state.  The Board
   57-8  by rule shall define the specific requirements of this opinion<,
   57-9  the qualifications of the persons who may certify to such an
  57-10  opinion,> and shall include any matters deemed to be necessary to
  57-11  the opinion's scope.  For purposes of this subdivision, "qualified
  57-12  actuary" has the meaning assigned by Article 1.11(d) of this code.
  57-13  A person who, before September 1, 1993, satisfied the requirements
  57-14  of the Board to submit an opinion under this subdivision may also
  57-15  submit the opinion required by this subdivision.
  57-16        SECTION 7.02.  Section 2A(b), Article 3.28, Insurance Code,
  57-17  is amended to read as follows:
  57-18        (b)  Actuarial Analysis of Reserves and Assets Supporting
  57-19  Such Reserves.  Every life insurance company, except as exempted by
  57-20  or pursuant to rule adopted by the Board, shall also annually
  57-21  include in the opinion required by Subsection (a)(1) of this
  57-22  section, an opinion of the same person who certifies to the opinion
  57-23  under Subsection (a)(1) of this section as to whether the reserves
  57-24  and related actuarial items held in support of the policies and
  57-25  contracts specified by Board rule, when considered in light of the
  57-26  assets held by the company with respect to the reserves and related
  57-27  actuarial items, including but not limited to the investment
  57-28  earnings on the assets and the considerations anticipated to be
  57-29  received and retained under the policies and contracts, make
  57-30  adequate provision for the company's obligations under the policies
  57-31  and contracts, including but not limited to the benefits under and
  57-32  expenses associated with the policies and contracts.  The rules
  57-33  adopted by the Board under this section may <shall> exempt those
  57-34  companies that would be exempted from the requirements stated in
  57-35  this subsection (b) according to the most recently adopted
  57-36  regulation by the National Association of Insurance Commissioners
  57-37  entitled "Model Actuarial Opinion and Memorandum Regulation"  or
  57-38  its successor regulation if the Board considers the exemption
  57-39  appropriate.
  57-40        SECTION 7.03.    Article 1.11, Insurance Code, is amended by
  57-41  amending Subsection (c) and adding Subsection (d) to read as
  57-42  follows:
  57-43        (c)  Included on or attached to page 1 of the annual
  57-44  statement shall be the statement of a qualified actuary<, who is a
  57-45  member in good standing of the American Academy of Actuaries>,
  57-46  entitled "Statement of Actuarial Opinion," setting forth his or her
  57-47  opinion relating to policy reserves and other actuarial items for
  57-48  life, accident and health, and annuities, or loss and loss
  57-49  adjustment expense reserves for property and casualty risks, as
  57-50  described in the NAIC annual statement instructions as appropriate
  57-51  for the type of risks insured.
  57-52        (d)  In this article, "qualified actuary" means a member in
  57-53  good standing of the American Academy of Actuaries or a person who
  57-54  has otherwise demonstrated actuarial competence to the satisfaction
  57-55  of the commissioner of insurance or other insurance regulatory
  57-56  official of the insurer's domiciliary state.
  57-57        SECTION 7.04.  Chapter 1, Insurance Code, is amended by
  57-58  adding Article 1.11A to read as follows:
  57-59        Art. 1.11A.  ACCEPTANCE OF ACTUARIAL OPINION.  (a)  In any
  57-60  case in which the commissioner requests or requires the opinion of
  57-61  an actuary under this code, another insurance law of this state, or
  57-62  a rule adopted by the commissioner, including an opinion of a
  57-63  qualified actuary submitted in accordance with Section 2A, Article
  57-64  3.28, of this code, the opinion is presumed to be accurate and
  57-65  valid and the department shall accept the opinion.
  57-66        (b)  The department may employ, at the department's expense,
  57-67  an actuary other than the actuary who provides an opinion under
  57-68  Subsection (a) of this section to provide an alternative opinion.
  57-69        SECTION 7.05.  Article 1.15, Insurance Code, is amended by
  57-70  adding Sections 8, 9, and 10 to read as follows:
   58-1        Sec. 8.  (a)  In conducting an examination under this
   58-2  article, the department shall use audits and work papers prepared
   58-3  by an accountant or accounting firm that meets the requirements of
   58-4  Section 12, Article 1.15A, of this code  that are made available to
   58-5  the department by the carrier.  If necessary, the department may
   58-6  conduct a separate audit of the carrier.
   58-7        (b)  The carrier shall provide the department with the work
   58-8  papers of an accountant or accounting firm or the carrier and a
   58-9  record of any communications between the accountant or accounting
  58-10  firm and the carrier that relate to the audit.  The accountant or
  58-11  accounting firm shall deliver that information to the department's
  58-12  examiners, who shall retain the information during the course of
  58-13  the department's examination of the carrier.  Information obtained
  58-14  under this section is confidential and may not be disclosed to the
  58-15  public except when introduced as evidence in a hearing.
  58-16        (c)  For purposes of this section, "work papers" has the
  58-17  meaning assigned by Section 17(a), Article 1.15A, of this code.
  58-18  Work papers developed in an audit conducted under this section
  58-19  shall be maintained in the manner provided by Sections 17(b) and
  58-20  (c), Article 1.15A, of this code.
  58-21        Sec. 9.  A final or preliminary examination report, and any
  58-22  information obtained during the course of an examination, is
  58-23  confidential and is not subject to disclosure under the open
  58-24  records law, Chapter 424, Acts of the 63rd Legislature, Regular
  58-25  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
  58-26  and its subsequent amendments.  This section applies if the carrier
  58-27  examined is under supervision or conservation but does not apply to
  58-28  an examination conducted in connection with a liquidation or a
  58-29  receivership under this code or another insurance law of this
  58-30  state.
  58-31        Sec. 10.  If the Commissioner determines that the financial
  58-32  strength of a carrier justifies less-frequent examinations than are
  58-33  required by Section 1 of this article, the Commissioner may conduct
  58-34  the examination of a carrier at intervals not to exceed five years.
  58-35  The Commissioner shall adopt rules governing the determination of
  58-36  whether the financial strength of a carrier justifies examination
  58-37  under this section.  This section applies only to examination of a
  58-38  carrier that has been incorporated or organized for more than three
  58-39  years.
  58-40        SECTION 7.06.  Section 10, Article 1.15A, Insurance Code, is
  58-41  amended by adding Subsection (f) to read as follows:
  58-42        (f)  The audited financial report must also include
  58-43  information required by the department to conduct the examination
  58-44  of the  insurer under Article 1.15 of this code.  The commissioner
  58-45  shall adopt rules governing the information to be included in the
  58-46  report under this subsection.
  58-47        SECTION 7.07.  Chapter 1, Insurance Code, is amended by
  58-48  adding Article 1.15B to read as follows:
  58-49        Art. 1.15B.  CONFIDENTIALITY OF EARLY WARNING SYSTEM
  58-50  INFORMATION.  Any information relating to the financial solvency of
  58-51  any organization regulated by the department under this code or
  58-52  another insurance law of this state obtained by the department's
  58-53  early warning system is confidential and is not subject to
  58-54  disclosure under the open records law, Chapter 424, Acts of the
  58-55  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
  58-56  Texas Civil Statutes), and its subsequent amendments.
  58-57        SECTION 7.08.  Section 8, Article 1.14-2, Insurance Code, is
  58-58  amended by amending Subsections (b) and (c) and adding Subsection
  58-59  (d) to read as follows:
  58-60        (b)  No surplus lines agent shall place any coverage with an
  58-61  <unauthorized> insurer unless the insurer has met the eligibility
  58-62  requirements of this section and the stamping office provides
  58-63  evidence that the insurer has met the requirements to the State
  58-64  Board of Insurance.  An <unauthorized> insurer shall not be
  58-65  eligible unless the insurer has a minimum capital and surplus of
  58-66  $15 million <that are not less than the following amounts for the
  58-67  following dates:>
  58-68              <(1)  $4.5 million capital and surplus as of December
  58-69  31, 1991; or>
  58-70              <(2)  $6 million capital and surplus as of December 31,
   59-1  1992>.
   59-2        (c)  An <unauthorized> insurer may be exempt from the minimum
   59-3  capital and surplus requirements provided by Subsection (b) of this
   59-4  section if the Commissioner of Insurance finds, after public
   59-5  hearing, that the exemption is warranted based on factors such as
   59-6  quality of management, capital and surplus of any parent company,
   59-7  company underwriting profit and investment income trends,
   59-8  reinsurance contracts, company record and reputation within the
   59-9  industry, and other information the commissioner requires to make a
  59-10  determination.  The commissioner, by rule, shall exempt an insurer
  59-11  from the minimum capital and surplus requirements of Subsection (b)
  59-12  of this section if the insurer writes less than a minimum level of
  59-13  insurance premium in this state.  The rules must specify the
  59-14  minimum level of insurance premium.
  59-15        (d)  A surplus lines insurer may be exempt from the minimum
  59-16  capital and surplus requirements of this article if the
  59-17  commissioner finds, after a public hearing, that the applicant for
  59-18  exemption complies with each of the following conditions:
  59-19              1.  the insurer has at least $6 million in capital and
  59-20  surplus;
  59-21              2.  the amount of net risk retained after ceding to a
  59-22  reinsurer is reasonable and does not exceed 10 percent of the
  59-23  capital and surplus of the insurer;
  59-24              3.  the annual ratio of net written premiums to surplus
  59-25  of the insurer does not exceed 2.5 to 1;
  59-26              4.  the reinsurance company of the insurer is rated at
  59-27  least "B+" by the A.M. Best Company;
  59-28              5.  the ownership interest in the insurer of an agent
  59-29  who places insurance with it does not exceed 10 percent;
  59-30              6.  the officers, directors, or managing head have
  59-31  sufficient insurance ability, standing, and good record to render
  59-32  continued success of the company probable;
  59-33              7.  the composition, quality, duration, and liquidity
  59-34  of the insurer's investment portfolio are prudent;
  59-35              8.  the insurer is audited annually by an independent
  59-36  certified public accountant who is in good standing with the
  59-37  American Institute of Certified Public Accountants and is licensed
  59-38  to practice by the Texas State Board of Public Accountancy, and a
  59-39  copy of such audit is filed with the commissioner;
  59-40              9.  the number and type of complaints are not excessive
  59-41  relative to the number of insurance policies written; and
  59-42              10.  the insurer is acting in good faith in applying
  59-43  for an exemption.
  59-44        The commissioner may continue the exemption in force on an
  59-45  annual basis upon the filing of a certificate by the insurer that
  59-46  the above conditions remain true and correct.  The commissioner may
  59-47  hold a public hearing, however, at any time to determine that the
  59-48  continued exemption is warranted.  The commissioner may waive any
  59-49  of the above 10 conditions if in her or his judgment the
  59-50  policyholders of the insurer would not be adversely affected
  59-51  thereby.
  59-52        SECTION 7.09.  Article 1.16(b), Insurance Code, is amended to
  59-53  read as follows:
  59-54        (b)  Assessments for the expenses of such domestic
  59-55  examination which shall be sufficient to meet all the expenses and
  59-56  disbursements necessary to comply with the provisions of the laws
  59-57  of Texas relating to the examination of insurance companies and to
  59-58  comply with the provisions of this Article and Articles 1.17 and
  59-59  1.18 of this Code, shall be made by the State Board of Insurance
  59-60  upon the corporations or associations to be examined taking into
  59-61  consideration annual premium receipts, and/or admitted assets that
  59-62  are not attributable to 90 percent of pension plan contracts as
  59-63  defined in Section 818(a) of the Internal Revenue Code of 1986 (26
  59-64  U.S.C. Section 818(a)), and/or insurance in force; provided such
  59-65  assessments shall be made and collected as follows:  (1) expenses
  59-66  attributable directly to a specific examination including
  59-67  employees' salaries and expenses and expenses provided by Article
  59-68  1.28 of this Code shall be collected at the time of examination;
  59-69  (2) assessments calculated annually for each corporation or
  59-70  association which take into consideration annual premium receipts,
   60-1  and/or admitted assets that are not attributable to 90 percent of
   60-2  pension plan contracts as defined in Section 818(a) of the Internal
   60-3  Revenue Code of 1986 (26 U.S.C. Section 818(a)), and/or insurance
   60-4  in force shall be assessed annually for each such corporation or
   60-5  association.  In computing the assessments, the board may not
   60-6  consider insurance premiums for insurance contracted for by a state
   60-7  or federal governmental entity to provide welfare benefits to
   60-8  designated welfare recipients or contracted for in accordance with
   60-9  or in furtherance of Title 2, Human Resources Code, or the federal
  60-10  Social Security Act (42 U.S.C. Section 301 et seq.).  The <Provided
  60-11  further that the> amount of the <all such> assessments paid in each
  60-12  taxable year to or for the use of the State of Texas by any
  60-13  insurance corporation or association hereby affected shall be
  60-14  allowed as a credit on the amount of premium taxes to be paid by
  60-15  any such insurance corporation or association for such taxable year
  60-16  except as provided by Article 1.28 of this Code.
  60-17        SECTION 7.10.  Article 1.39, Insurance Code, is amended to
  60-18  read as follows:
  60-19        Art. 1.39.  Subordinated Indebtedness.  (a)  This article
  60-20  applies to an insurer as that term is defined by Article 1.15A of
  60-21  this code.
  60-22        (b)  An insurer may obtain a loan or an advance of cash or
  60-23  property, repayable with interest and may assume a subordinated
  60-24  liability for repayment of the advance and payment of interest on
  60-25  the advance if the insurer and creditor execute a written agreement
  60-26  stating that the creditor may be paid only out of that <the>
  60-27  portion of the insurer's surplus that exceeds the greater of a
  60-28  minimum surplus stated and fixed in the agreement or a minimum
  60-29  surplus of $500,000 for that insurer.  The department or the
  60-30  commissioner may not require the agreement to provide another
  60-31  minimum surplus amount.
  60-32        (c)  <Before an insurer may assume a subordinated liability
  60-33  under Subsection (a) of this article, the agreement must be
  60-34  approved by the commissioner.>
  60-35        <(d)  An insurer may not repay principal or pay interest on a
  60-36  subordinate liability assumed under this article unless the
  60-37  repayment or payment is approved by the commissioner.  The
  60-38  commissioner may approve the repayment or payment only if satisfied
  60-39  that the repayment or payment is appropriate, considering the
  60-40  financial condition of the insurer.  The commissioner may not deny
  60-41  approval of the repayment or payment if the insurer submits
  60-42  evidence, satisfactory to the commissioner, that the insurer has at
  60-43  least the minimum surplus stated in the agreement.>
  60-44        <(e)>  A loan or advance made under this article, and any
  60-45  interest accruing on the loan or advance, is <not> a legal
  60-46  liability and <or> financial statement liability of the insurer
  60-47  only to the extent provided by the terms and conditions of the loan
  60-48  or advance agreement, and the loan or advance may not otherwise be
  60-49  a legal liability or financial statement liability of the insurer.
  60-50  <until the commissioner authorizes repayment or payment under
  60-51  Subsection (d) of this article.  Until the commissioner authorizes
  60-52  the repayment or payment, all financial statements published by the
  60-53  insurer or filed with the commissioner must show as a liability
  60-54  that portion of the insurer's surplus that exceeds the minimum
  60-55  surplus as defined in the subordinated agreement to the extent of
  60-56  the unpaid balance thereon, and must show the amount of that
  60-57  minimum surplus as a special surplus account.>
  60-58        (d)  If the loan or advance agreement provides for a sinking
  60-59  fund out of which the loan or advance is to be repaid, then the
  60-60  loan or advance shall be a legal liability and financial statement
  60-61  liability of the  insurer only to the extent of those funds
  60-62  accumulated and held in the sinking fund, and the loan or advance
  60-63  may not otherwise be a legal liability or financial statement
  60-64  liability of the insurer.  By mutual agreement of the parties to
  60-65  the agreement, any portion of the accumulated funds in the sinking
  60-66  fund may be returned to the surplus of the insurer at any time and
  60-67  from time to time and thereafter may not be considered as a legal
  60-68  liability or financial statement liability of the insurer.
  60-69        SECTION 7.11.  Section 4, Article 3.33, Insurance Code, is
  60-70  amended to read as follows:
   61-1        Sec. 4.  AUTHORIZED INVESTMENTS AND LOANS.  Subject to the
   61-2  limitations and restrictions herein contained, the investments and
   61-3  loans described in the following subsections, and none other, are
   61-4  authorized for the insurers subject hereto:
   61-5              (a)  United States Government Bonds.  Bonds, evidences
   61-6  of indebtedness or obligations of the United States of America, or
   61-7  bonds, evidences of indebtedness or obligations guaranteed as to
   61-8  principal and interest by the full faith and credit of the United
   61-9  States of America, and bonds, evidences of indebtedness, or
  61-10  obligations of agencies and instrumentalities of the government of
  61-11  the United States of America;
  61-12              (b)  Other Governmental Bonds.  Bonds, evidences of
  61-13  indebtedness or obligations of governmental units in the United
  61-14  States, Canada, or any province or city of Canada, and of the
  61-15  instrumentalities of such governmental units; provided:
  61-16                    (1)  such governmental unit or instrumentality is
  61-17  not in default in the payment of principal or interest in any of
  61-18  its obligations; and
  61-19                    (2)  investments in the obligations of any one
  61-20  governmental unit or instrumentality may not exceed 20 percent of
  61-21  the insurer's capital and surplus;
  61-22              (c)  Obligations of Business Entities.  Obligations,
  61-23  including bonds or evidences of indebtedness, or participations in
  61-24  those bonds or evidences of indebtedness, that are issued, assumed,
  61-25  guaranteed, or insured by any business entity, including a sole
  61-26  proprietorship, a corporation, an association, a general or limited
  61-27  partnership, a joint-stock company, a joint venture, a trust, or
  61-28  any other form of business organization, whether for-profit or
  61-29  not-for-profit, that is organized under the laws of the United
  61-30  States, another state, Canada, or any state, district, province, or
  61-31  territory  of Canada, subject to all conditions set forth below:
  61-32                    (1)  an insurer may acquire obligations in any
  61-33  one business entity rated one or two by the Securities Valuation
  61-34  Office of the National Association of Insurance Commissioners, but
  61-35  not to exceed 20 percent of the insurer's statutory capital and
  61-36  surplus as reported in the most recent annual statement filed with
  61-37  the department;
  61-38                    (2)  an insurer may acquire obligations rated
  61-39  three or lower by the Securities Valuation Office if, after giving
  61-40  effect to such an acquisition, the aggregate amount of all
  61-41  obligations rated three or lower then held by the domestic insurer
  61-42  does not exceed 20 percent of its admitted assets.  Not more than
  61-43  10 percent of the admitted assets of that insurer may consist of
  61-44  obligations rated four, five, or six by the Securities Valuation
  61-45  Office.  Not more than three percent of the admitted assets of that
  61-46  insurer may consist of obligations rated five or six by the
  61-47  Securities Valuation Office.  Not more than one percent of the
  61-48  admitted assets of that insurer may consist of obligations rated
  61-49  six by the Securities Valuation Office.  Attaining or exceeding the
  61-50  limit in any one category does not preclude an insurer from
  61-51  acquiring obligations in other categories, subject to the specific
  61-52  and multi-category limits;
  61-53                    (3)  an insurer may not invest more than an
  61-54  aggregate of one percent of its admitted assets in obligations
  61-55  rated three by the Securities Valuation Office that are issued,
  61-56  assumed, guaranteed, or insured by any one business entity, or more
  61-57  than one-half percent of its admitted assets in obligations rated
  61-58  four, five, or six by the Securities Valuation Office that are
  61-59  issued, assumed, guaranteed, or insured by any one business entity.
  61-60  An insurer may not invest more than one percent of its admitted
  61-61  assets in any obligations rated three, four, five, or six by the
  61-62  Securities Valuation Office that are issued, assumed, guaranteed,
  61-63  or insured by any one business entity;
  61-64                    (4)  notwithstanding the foregoing, an insurer
  61-65  may acquire an obligation of a business entity in which the insurer
  61-66  already has one or more obligations if the obligation is acquired
  61-67  in order to protect an investment previously made in that business
  61-68  entity.  Such acquired obligations may not exceed one-half percent
  61-69  of the insurer's admitted assets; and
  61-70                    (5)  this subsection does not prohibit an insurer
   62-1  from acquiring an obligation as a result of a restructuring of an
   62-2  already held obligation that is rated three or lower by the
   62-3  Securities Valuation Office;
   62-4              <Corporate Bonds.  Bonds, evidences of indebtedness or
   62-5  obligations of corporations organized under the laws of the United
   62-6  States of America or its states or Canada or any state, district,
   62-7  province, or territory of Canada; provided:>
   62-8                    <(1)  any such corporation must be solvent with
   62-9  at least $1,000,000 of net worth as of the date of its latest
  62-10  annual or more recent certified audited financial statement or will
  62-11  have at least $1,000,000 of net worth after completion of a
  62-12  securities offering which is being subscribed to by the insurer, or
  62-13  the obligation is guaranteed as to principal and interest by a
  62-14  solvent corporation meeting such net worth requirements which is
  62-15  organized under the laws of the United States of America or one of
  62-16  its states or Canada or any state, district, province, or territory
  62-17  of Canada;>
  62-18                    <(2)  investments in the obligations of any one
  62-19  corporation may not exceed 20 percent of the insurer's capital and
  62-20  surplus; and>
  62-21                    <(3)  the aggregate of all investments under this
  62-22  subsection may not exceed:>
  62-23                          <(A)  one hundred percent of the insurer's
  62-24  assets (excluding, however, those assets representing the minimum
  62-25  capital required for the insurer), but only if more than 75 percent
  62-26  of the total amount invested by the insurer in such bonds,
  62-27  evidences of indebtedness, or obligations of any such corporations
  62-28  qualifying under Subdivision (1) of this subsection are rated
  62-29  either:  (i) AA or better by Standard and Poor's Bond Ratings
  62-30  service; or (ii) Aa or better by Moody's Bond Ratings service; or>
  62-31                          <(B)  eighty percent of the insurer's
  62-32  assets (excluding, however, those assets representing the minimum
  62-33  capital required for the insurer), but only if more than 50 percent
  62-34  of the total amount invested by the insurer in such bonds,
  62-35  evidences of indebtedness or obligations of any such corporations
  62-36  qualifying under Subdivision (1) of this subsection are rated
  62-37  either:  (i) BBB or better by Standard and Poor's Bond Ratings
  62-38  service; or (ii) Baa or better by Moody's Bond Ratings service; or>
  62-39                          <(C)  fifty percent of the insurer's
  62-40  assets;>
  62-41              (d)  International Market.  Bonds issued, assumed, or
  62-42  guaranteed by the Interamerican Development Bank, the International
  62-43  Bank for Reconstruction and Development (the World Bank), the Asian
  62-44  Development Bank, the State of Israel, the African Development
  62-45  Bank, and the International Finance Corporation; provided:
  62-46                    (1)  investments in the bonds of any one of the
  62-47  entities specified above may not exceed 20 percent of the insurer's
  62-48  capital and surplus; and
  62-49                    (2)  the aggregate of all investments made under
  62-50  this subsection may not exceed 20 percent of the insurer's assets;
  62-51              (e)  Policy Loans.  Loans upon the security of the
  62-52  insurer's own policies not in excess of the amount of the reserve
  62-53  values thereof;
  62-54              (f)  Time and Savings Deposits.  Any type or form of
  62-55  savings deposits, time deposits, certificates of deposit, NOW
  62-56  accounts, and money market accounts in solvent banks, savings and
  62-57  loan associations, and credit unions and branches thereof,
  62-58  organized under the laws of the United States of America or its
  62-59  states, when made in accordance with the laws or regulations
  62-60  applicable to such entities; provided the amount of the deposits in
  62-61  any one bank, savings and loan association, or credit union will
  62-62  not exceed the greater of:
  62-63                    (1)  twenty percent of the insurer's capital and
  62-64  surplus;
  62-65                    (2)  the amount of federal or state deposit
  62-66  insurance coverage pertaining to such deposit; or
  62-67                    (3)  ten percent of the amount of capital,
  62-68  surplus, and undivided profits of the entity receiving such
  62-69  deposits;
  62-70              (g)  Equipment Trusts.  Equipment trust obligations or
   63-1  certificates; provided:
   63-2                    (1)  any such obligation or certificate is
   63-3  secured by an interest in transportation equipment that is in whole
   63-4  or in part within the United States of America <and the amount of
   63-5  the obligation or certificate may not exceed 90 percent of the
   63-6  value of the equipment>;
   63-7                    (2)  the obligation or certificate provides a
   63-8  right to receive determined portions of rental, purchase, or other
   63-9  fixed obligatory payments for the use or purchase of the
  63-10  transportation equipment;
  63-11                    (3)  the obligation is classified as an
  63-12  obligation of a business entity and is subject to the limitations
  63-13  on obligations of business entities set forth in Subsection (c) of
  63-14  this section <investment in any one equipment trust obligation or
  63-15  certificate may not exceed 10 percent of the insurer's capital and
  63-16  surplus>; and
  63-17                    (4)  the aggregate of all investments made under
  63-18  this subsection may not exceed 10 percent of the insurer's assets;
  63-19              (h)  Common Stock.  Common stock of any corporation
  63-20  organized under the laws of the United States of America or any of
  63-21  its states, shares of mutual funds doing business under the
  63-22  Investment Company Act of 1940 (15 U.S.C.  Section 80a-1 et seq.),
  63-23  other than money market funds as defined in Subsection (s) of this
  63-24  section, and shares in real estate investment trusts as defined in
  63-25  the Internal Revenue Code of 1954 (26 U.S.C. Section 856);
  63-26  provided:
  63-27                    (1)  any such corporation, other than a mutual
  63-28  fund, must be solvent with at least $1,000,000 net worth as of the
  63-29  date of its latest annual or more recent certified audited
  63-30  financial statement or will have at least $1,000,000 of net worth
  63-31  after completion of a securities offering which is being subscribed
  63-32  to by the insurer;
  63-33                    (2)  mutual funds, other than money market funds
  63-34  as defined in Subsection (s) of this section, and real estate
  63-35  investment trusts must be solvent with at least $1,000,000 of net
  63-36  assets as of the date of its latest annual or more recent certified
  63-37  audited financial statement;
  63-38                    (3)  investments in any one corporation, mutual
  63-39  fund, other than a money market fund as defined in Subsection (s)
  63-40  of this section, or real estate investment trust may not exceed 15
  63-41  <10> percent of the insurer's capital and surplus; and
  63-42                    (4)  the aggregate of all investments made under
  63-43  this subsection may not exceed 25 <20> percent of the insurer's
  63-44  assets;
  63-45              (i)  Preferred Stock.  Preferred stock of corporations
  63-46  organized under the laws of the United States of America or any of
  63-47  its states; provided:
  63-48                    (1)  such corporation must be solvent with at
  63-49  least $1,000,000 of net worth as of the date of its latest annual
  63-50  or more recent certified audited financial statement or will have
  63-51  at least $1,000,000 of net worth after completion of a security
  63-52  offering which is being subscribed to by the insurer;
  63-53                    (2)  investments in the preferred stock of any
  63-54  one corporation will not exceed 20 percent of the insurer's capital
  63-55  and surplus;
  63-56                    (3)  in the aggregate not more than 10 percent of
  63-57  the insurer's assets may be invested in preferred stock, the
  63-58  redemption and retirement of which is not provided for by a sinking
  63-59  fund meeting the standards established by the National Association
  63-60  of Insurance Commissioners to value the preferred stock at cost;
  63-61  and
  63-62                    (4)  the aggregate of all investments made under
  63-63  this subsection may not exceed 40 percent of the insurer's assets;
  63-64              (j)  Collateral Loans.  Collateral loans secured by a
  63-65  first lien upon or a valid and perfected first security interest in
  63-66  an asset; provided:
  63-67                    (1)  the amount of any such collateral loan will
  63-68  not exceed 80 percent of the value of the collateral asset at any
  63-69  time during the duration of the loan; and
  63-70                    (2)  the asset used as collateral would be
   64-1  authorized for direct investment by the insurer under other
   64-2  provisions of this Section 4, except real property in Subsection
   64-3  (l);
   64-4              (k)  Real Estate Loans.  Notes, evidences of
   64-5  indebtedness, or participations therein secured by a valid first
   64-6  lien upon real property or leasehold estate therein located in the
   64-7  United States of America; provided:
   64-8                    (1)  the amount of any such obligation secured by
   64-9  a first lien upon real property or leasehold estate therein shall
  64-10  not exceed 90 percent of the value of such real property or
  64-11  leasehold estate therein, but the amount of such obligation:
  64-12                          (A)  may exceed 90 percent but shall not
  64-13  exceed 100 percent of the value of such real property or leasehold
  64-14  estate therein if the insurer or one or more wholly owned
  64-15  subsidiaries of the insurer owns in the aggregate a 10 percent or
  64-16  greater equity interest in such real property or leasehold estate
  64-17  therein;
  64-18                          (B)  may be 95 percent of the value of such
  64-19  real property or leasehold estate therein if it contains only a
  64-20  dwelling designed exclusively for occupancy by not more than four
  64-21  families for residential purposes, and the portion of the unpaid
  64-22  balance of such obligation which is in excess of an amount equal to
  64-23  90 percent of such value is guaranteed or insured by a mortgage
  64-24  insurance company qualified to do business in the State of Texas;
  64-25  or
  64-26                          (C)  may be greater than 90 percent of the
  64-27  value of such real property or leasehold estate therein to the
  64-28  extent the obligation is insured or guaranteed by the United States
  64-29  of America, the Federal Housing Administration pursuant to the
  64-30  National Housing Act of 1934, as amended (12 U.S.C. Section 1701 et
  64-31  seq.), or the State of Texas; and
  64-32                    (2)  the term of an obligation secured by a first
  64-33  lien upon a leasehold estate in real property shall not exceed a
  64-34  period equal to four-fifths of the then unexpired term of such
  64-35  leasehold estate; provided the unexpired term of the leasehold
  64-36  estate must extend at least 10 years beyond the term of the
  64-37  obligation, and each obligation shall be payable in an installment
  64-38  or installments of sufficient amount or amounts so that at any time
  64-39  after the expiration of two-thirds of the original loan term, the
  64-40  principal balance will be no greater than the principal balance
  64-41  would have been if the loan had been amortized over the original
  64-42  loan term in equal monthly, quarterly, semiannual, or annual
  64-43  payments of principal and interest, it being required that under
  64-44  any method of repayment such obligation will fully amortize during
  64-45  a period of time not exceeding four-fifths of the then unexpired
  64-46  term of the security leasehold estate; and
  64-47                    (3)  if any part of the value of buildings is to
  64-48  be included in the value of such real property or leasehold estate
  64-49  therein to secure the obligations provided for in this subsection,
  64-50  such buildings shall be covered by adequate property insurance,
  64-51  including but not limited to fire and extended coverage insurance
  64-52  issued by a company authorized to transact business in the State of
  64-53  Texas or by a company recognized as acceptable for such purpose by
  64-54  the insurance regulatory official of the state in which such real
  64-55  estate is located, and the amount of insurance granted in the
  64-56  policy or policies shall be not less than the unpaid balance of the
  64-57  obligation or the insurable value of such buildings, whichever is
  64-58  the lesser; the loss clause shall be payable to the insurer as its
  64-59  interest may appear; and
  64-60                    (4)  to the extent any note, evidence of
  64-61  indebtedness, or participation therein under this subsection
  64-62  represents an equity interest in the underlying real property, the
  64-63  value of such equity interest shall be determined at the time of
  64-64  execution of such note, evidence of indebtedness, or participation
  64-65  therein and that portion shall be designated as an investment
  64-66  subject to the provisions of Subsection (l)(2) of this section; and
  64-67                    (5)  the amount of any one such obligation may
  64-68  not exceed 25 percent of the insurer's capital and surplus; and
  64-69                    (6)  a first lien on real property may be
  64-70  purchased after its origination if the first lien is insured by a
   65-1  mortgagee's title policy issued to the original mortgagee that
   65-2  contains a provision that inures the policy to the use and benefit
   65-3  of the owners of the evidence of debt indicated in the policy and
   65-4  to any subsequent owners of that evidence of debt, and if the
   65-5  insurer maintains evidence of assignments or other transfers of the
   65-6  first lien on real property to the insurer.  An assignment or other
   65-7  transfer to the insurer, duly recorded in the county in which the
   65-8  real property is located, shall be presumed to create legal
   65-9  ownership of the first lien by the insurer;
  65-10              (l)  Real Estate.  Real property fee simple or
  65-11  leasehold estates located within the United States of America, as
  65-12  follows:
  65-13                    (1)  home and branch office real property or
  65-14  participations therein, which must be materially enhanced in value
  65-15  by the construction of durable, permanent-type buildings and other
  65-16  improvements costing an amount at least equal to the cost of such
  65-17  real property, exclusive of buildings and improvements at the time
  65-18  of acquisition, or by the construction of such buildings and
  65-19  improvements which must be commenced within two years of the date
  65-20  of the acquisition of such real property; provided:
  65-21                          (A)  at least 30 percent of the available
  65-22  space in such building shall be occupied for the business purposes
  65-23  of the insurer and its affiliates; and
  65-24                          (B)  the aggregate investment in such home
  65-25  and branch offices shall not exceed 20 percent of the insurer's
  65-26  assets; and
  65-27                    (2)  other investment property or participations
  65-28  therein, which must be materially enhanced in value by the
  65-29  construction of durable, permanent-type buildings and other
  65-30  improvements costing an amount at least equal to the cost of such
  65-31  real property, exclusive of buildings and improvements at the time
  65-32  of acquisition, or by the construction of such buildings and
  65-33  improvements which must be commenced within two years of the date
  65-34  of acquisition of such real property; provided that such investment
  65-35  in any one piece of property or interest therein, including the
  65-36  improvements, fixtures, and equipment pertaining thereto may not
  65-37  exceed five percent of the insurer's assets; provided, however,
  65-38  nothing in this article shall allow ownership of, development of,
  65-39  or equity interest in any residential property or subdivision,
  65-40  single or multiunit family dwelling property, or undeveloped real
  65-41  estate for the purpose of subdivision for or development of
  65-42  residential, single, or multiunit family dwellings, except
  65-43  acquisitions as provided in Subdivision (4) below, and such
  65-44  ownership, development, or equity interests shall be specifically
  65-45  prohibited;
  65-46                    (3)  the admissible asset value of each such
  65-47  investment in the properties acquired under Subdivisions (1) and
  65-48  (2) of this subsection shall be subject to review and approval by
  65-49  the Commissioner of Insurance.  The commissioner shall have
  65-50  discretion at the time such investment is made or any time when an
  65-51  examination of the company is being made to cause any such
  65-52  investment to be appraised by an appraiser, appointed by the
  65-53  commissioner, and the reasonable expense of such appraisal shall be
  65-54  paid by such insurance company and shall be deemed to be a part of
  65-55  the expense of examination of such company; if the appraisal is
  65-56  made upon application of the company, the expense of such appraisal
  65-57  shall not be considered a part of the expense of examination of
  65-58  such company; no insurance company may hereafter make any write-up
  65-59  in the valuation of any of the properties described in Subdivision
  65-60  (1) or (2) of this subsection unless and until it makes application
  65-61  therefor and such increase in valuation shall be approved by the
  65-62  commissioner; and
  65-63                    (4)  other real property acquired:
  65-64                          (A)  in good faith by way of security for
  65-65  loans previously contracted or money due; or
  65-66                          (B)  in satisfaction of debts previously
  65-67  contracted for in the course of its dealings; or
  65-68                          (C)  by purchase at sales under judgment or
  65-69  decrees of court, or mortgage or other lien held by such insurer;
  65-70  and
   66-1                    (5)  regardless of the mode of acquisition
   66-2  specified herein, upon sale of any such real property, the fee
   66-3  title to the mineral estate or any portion thereof may be retained
   66-4  by the insurance company indefinitely;
   66-5              (m)  Oil, Gas, and Minerals.  In addition to and
   66-6  without limitation on the purposes for which real property may be
   66-7  acquired, secured, held, or retained pursuant to other provisions
   66-8  of this section, every such insurance company may secure, hold,
   66-9  retain, and convey production payments, producing royalties and
  66-10  producing overriding royalties, or participations therein as an
  66-11  investment for the production of income; provided:
  66-12                    (1)  in no event may such company carry such
  66-13  assets in an amount in excess of 90 percent of the appraised value
  66-14  thereof; and
  66-15                    (2)  no one investment under this subsection may
  66-16  exceed 10 percent of the insurer's capital and surplus in excess of
  66-17  statutory minimum capital and surplus applicable to that insurer,
  66-18  and the aggregate of all such investments may not exceed 10 percent
  66-19  of the insurer's assets as of December 31st next preceding the date
  66-20  of such investment; and
  66-21                    (3)  for the purposes of this subsection, the
  66-22  following definitions apply:
  66-23                          (A)  a production payment is defined to
  66-24  mean a right to oil, gas, or other minerals in place or as produced
  66-25  that entitles its owner to a specified fraction of production until
  66-26  a specified sum of money, or a specified number of units of oil,
  66-27  gas, or other minerals, has been received;
  66-28                          (B)  a royalty and an overriding royalty
  66-29  are each defined to mean a right to oil, gas, and other minerals in
  66-30  place or as produced that entitles the owner to a specified
  66-31  fraction of production without limitation to a specified sum of
  66-32  money or a specified number of units of oil, gas, or other
  66-33  minerals;
  66-34                          (C)  "producing" is defined to mean
  66-35  producing oil, gas, or other minerals in paying quantities,
  66-36  provided that it shall be deemed that oil, gas, or other minerals
  66-37  are being produced in paying quantities if a well has been "shut
  66-38  in" and "shut-in royalties" are being paid;
  66-39              (n)  Foreign Countries and United States Territories.
  66-40  In addition to the investments in Canada authorized in other
  66-41  subsections of this section, investments <Investments> in other
  66-42  foreign countries or in commonwealths, territories, or possessions
  66-43  of the United States <where the insurer conducts an insurance
  66-44  business>; provided:
  66-45                    (1)  such investments are similar to those
  66-46  authorized for investment within the United States of America or
  66-47  Canada by other provisions of this section and are rated one or two
  66-48  by the Securities Valuation Office of the National Association of
  66-49  Insurance Commissioners; and
  66-50                    (2)  such investments when added to the amount of
  66-51  similar investments made within the United States and Canada do not
  66-52  result in the combined total of such investments exceeding the
  66-53  limitations specified in Subsections (a) through (p) of this
  66-54  section; and
  66-55                    (3)  such investments may not exceed the sum of:
  66-56                          (A)  the amount of reserves attributable to
  66-57  the business in force in said countries, if any, and any additional
  66-58  investments<; provided, however, such investments may exceed such
  66-59  reserves to the extent> required by any country as a condition to
  66-60  doing business therein, <but to the extent such investments exceed
  66-61  such reserves said investments shall not be considered as admitted
  66-62  assets of the insurer>; and
  66-63                          (B)  five percent of the insurer's assets;
  66-64              (o)  Investments Not Otherwise Specified.  Investments
  66-65  which are not otherwise authorized by this article and which are
  66-66  not specifically prohibited by statute, including that portion of
  66-67  any investments which may exceed the limits specified in
  66-68  Subsections (a) through (n) of this section; provided:
  66-69                    (1)  if any aggregate or individual specified
  66-70  investment limitation in Subsections (a) through (n) of this
   67-1  section is exceeded, then the excess portion of such investment
   67-2  shall be an investment under this subsection; and
   67-3                    (2)  the burden of establishing the value of such
   67-4  investments shall be upon the insurer; and
   67-5                    (3)  the amount of any one such investment may
   67-6  not exceed 10 percent of the insurer's capital and surplus in
   67-7  excess of the statutory minimum capital and surplus applicable to
   67-8  that insurer; and
   67-9                    (4)  the aggregate of all investments made under
  67-10  this subsection may not exceed the lesser of either five percent of
  67-11  the insurer's assets or the insurer's capital and surplus in excess
  67-12  of the statutory minimum capital and surplus applicable to that
  67-13  insurer;
  67-14              (p)  Other Authorized Investments.  Those other
  67-15  investments as follows:
  67-16                    (1)  any investment held by an insurer on the
  67-17  effective date of this Act, which was legally authorized at the
  67-18  time it was made or acquired or which the insurer was authorized to
  67-19  hold or possess immediately prior to such effective date, but which
  67-20  does not conform to the requirements of the investments authorized
  67-21  in Subsections (a) through (o) of this section, may continue to be
  67-22  held by and considered as an admitted asset of the insurer;
  67-23  provided the investment is disposed of at its maturity date, if
  67-24  any, or within the time prescribed by the law under which it was
  67-25  acquired, if any; and provided further, in no event shall the
  67-26  provisions of this subdivision alter the legal or accounting status
  67-27  of such asset; and
  67-28                    (2)  any other investment which may be authorized
  67-29  by other provisions of this code or by other laws of this state for
  67-30  the insurers which are subject to this article.
  67-31              (q)  Special Limitations for Certain Fixed Annuity
  67-32  Insurers.  The quantitative limitations imposed above in
  67-33  Subsections (b)(2), (c)(2), (f)(1), (g)(3), (h)(3), (i)(2), and
  67-34  (k)(5) of this section shall not apply to any insurer with assets
  67-35  in excess of $2,500,000,000 and that receives more than 90 percent
  67-36  of its premium income from fixed rate annuity contracts and that
  67-37  has more than 90 percent of its assets allocated to its reserves
  67-38  held for fixed rate annuity contracts, excluding, however, any
  67-39  premium income, assets, and reserves received from, held for, or
  67-40  allocated to separate accounts from the computation of the above
  67-41  percentages, and in lieu thereof, the following quantitative
  67-42  limitations shall apply to such insurers:
  67-43                    (1)  the limitation in Subsection (b)(2) of this
  67-44  section shall be two percent of the insurer's assets;
  67-45                    (2)  the limitation in Subsection (c)(2) of this
  67-46  section shall be two percent of the insurer's assets;
  67-47                    (3)  the limitation in Subsection (f)(1) of this
  67-48  section shall be two percent of the insurer's assets;
  67-49                    (4)  the limitation in Subsection (g)(3) of this
  67-50  section shall be one percent of the insurer's assets;
  67-51                    (5)  the limitation in Subsection (h)(3) of this
  67-52  section shall be one percent of the insurer's assets;
  67-53                    (6)  the limitation in Subsection (i)(2) of this
  67-54  section shall be two percent of the insurer's assets; and
  67-55                    (7)  the limitation in Subsection (k)(5) of this
  67-56  section shall be two percent of the insurer's assets.
  67-57              (r)  Premium Loans.  Loans to finance the payment of
  67-58  premiums for the insurer's own insurance policies or annuity
  67-59  contracts; provided that the amount of any such loan does not
  67-60  exceed the sum of:  (i) the available cash value of such insurance
  67-61  policy or annuity contract; and (ii) the amount of any escrowed
  67-62  commissions payable relating to such insurance policy or annuity
  67-63  contract for which the premium loan is made; and
  67-64              (s)  Money Market Funds.  (1)  Money market funds as
  67-65  defined by 17 CFR 270.2a-7 under the Investment Company Act of 1940
  67-66  (15 U.S.C. 80a-1 et seq.)  that meet the following additional
  67-67  conditions:
  67-68                          (A)  the funds invest 100 percent of total
  67-69  assets in United States treasury bills, notes, and bonds, and
  67-70  collateralized repurchase agreements composed of those obligations
   68-1  at all times;
   68-2                          (B)  the funds invest 100 percent of total
   68-3  assets in other full faith and credit instruments of the United
   68-4  States; or
   68-5                          (C)  the funds invest at least 95 percent
   68-6  of total assets in exempt securities, short-term debt instruments
   68-7  with a maturity of 397 days or less, class one bonds, and
   68-8  collateralized repurchase agreements composed of those securities
   68-9  at all times;
  68-10                    (2)  For purposes of complying with Subsection
  68-11  (h) of this section, money market funds qualifying for listing
  68-12  within these categories must conform to the purpose and procedures
  68-13  manual of the valuation of securities manual of the National
  68-14  Association of Insurance Commissioners.
  68-15              (t)  The percentage authorizations and limitations set
  68-16  forth in any and all of the provisions of this section shall apply
  68-17  at the time of originally making such investments and shall not be
  68-18  applicable to the company or such investment thereafter.
  68-19        SECTION 7.12.  Section 3(d), Article 21.49-1, Insurance Code,
  68-20  is amended to read as follows:
  68-21        (d)  Amendments to Registration Statements.  Each registered
  68-22  insurer shall keep current the information required to be disclosed
  68-23  in its registration statement by reporting all material changes or
  68-24  additions within 15 days after the end of the month in which it
  68-25  learns of each such change or addition, except that the insurer is
  68-26  not required to report a transaction under this subsection that is
  68-27  authorized under Subsection 4(d) of this section.  In addition,<;
  68-28  provided, however, that> subject to Subsection (c) of Section 4,
  68-29  each registered insurer shall <so> report all dividends and other
  68-30  distributions to shareholders within two business days following
  68-31  the declaration thereof<;> and at least 10 days before the date of
  68-32  payment.  For purposes of determining compliance with those
  68-33  deadlines, reports are considered to be made when received by the
  68-34  Texas Department of Insurance.  Reports under this subsection are
  68-35  for informational purposes only.  The commissioner shall adopt
  68-36  rules that establish procedures to:
  68-37              (1)  consider the prepayment notices promptly, that
  68-38  shall include the standards set forth under Section 4(b), Article
  68-39  21.49-1 of this code;
  68-40              (2)  review annually all reported ordinary dividends
  68-41  paid within the preceding twelve months; and
  68-42              (3)  take such appropriate actions as may be authorized
  68-43  by other provisions of this code <provided further that any
  68-44  transaction authorized by Section 4(d) hereof need not be reported
  68-45  under this subsection>.
  68-46        SECTION 7.13.  Section 4(b), Article 21.49-1, Insurance Code,
  68-47  is amended to read as follows:
  68-48              (b)  Adequacy of Surplus.  For the purposes of this
  68-49  article, in determining whether an insurer's surplus as regards
  68-50  policyholders is reasonable in relation to the insurer's
  68-51  outstanding liabilities and adequate to its financial needs, the
  68-52  following factors, among others, shall be considered:
  68-53              (1)  the size of the insurer as measured by its assets,
  68-54  capital and surplus, reserves, premium writings, insurance in
  68-55  force, and other appropriate criteria;
  68-56              (2)  the extent to which the insurer's business is
  68-57  diversified among the several lines of insurance;
  68-58              (3)  the number and size of risks insured in each line
  68-59  of business;
  68-60              (4)  the extent of the geographical dispersion of the
  68-61  insurer's insured risks;
  68-62              (5)  the nature and extent of the insurer's reinsurance
  68-63  program;
  68-64              (6)  the quality, diversification, and liquidity of the
  68-65  insurer's investment portfolio;
  68-66              (7)  the recent past and projected future trend in the
  68-67  size of the insurer's surplus as regards policyholders and the
  68-68  insurer's investment portfolio;
  68-69              (8)  the surplus as regards policyholders maintained by
  68-70  other comparable insurers;
   69-1              (9)  the adequacy of the insurer's reserves; <and>
   69-2              (10)  the quality and liquidity of investments in
   69-3  subsidiaries made pursuant to Section 6.  The commissioner may
   69-4  treat any such investment as a nonadmitted or disallowed asset for
   69-5  purposes of determining the adequacy of surplus as regards
   69-6  policyholders whenever in his judgment such investment so warrants;
   69-7  and
   69-8              (11)  the quality of the insurer's earnings and the
   69-9  extent to which the insurer's reported earnings include
  69-10  extraordinary items.
  69-11        SECTION 7.14.  Section 3A, Article 21.39-A, Insurance Code,
  69-12  is amended by adding Subsection (c) to read as follows:
  69-13        (c)  This Act does not apply to a reinsurance agreement or
  69-14  any trust account related to the reinsurance agreement if the
  69-15  agreement and trust account meet the requirements of Article 3.10
  69-16  or 5.75-1 of this code.
  69-17        SECTION 7.15.  Section 1, Article 21.39-B, Insurance Code, is
  69-18  amended to read as follows:
  69-19        Sec. 1.  Any director, member of a committee, or officer, or
  69-20  any clerk of a domestic company, who is charged with the duty of
  69-21  handling or investing its funds, shall not:
  69-22              (1)  deposit or invest such funds, except in the
  69-23  corporate name of such company, provided, however, that securities
  69-24  kept under a custodial agreement or trust agreement with a bank,
  69-25  federal home loan bank, or trust company may be issued in the name
  69-26  of a nominee of such bank, federal home loan bank, or trust company
  69-27  if such bank, federal home loan bank, or trust company has
  69-28  corporate trust powers and is duly authorized to act as a custodian
  69-29  or trustee and is organized under the laws of the United States of
  69-30  America or any state thereof and either (i) is a member of the
  69-31  Federal Reserve System, (ii) is a member of or is eligible to
  69-32  receive deposits which are insured by the Federal Deposit Insurance
  69-33  Corporation, <or> (iii) maintains an account with a Federal Reserve
  69-34  Bank and is subject to supervision and examination by the Board of
  69-35  Governors of the Federal Reserve System, or (iv) is subject to
  69-36  supervision and examination by the Federal Housing Finance Board;
  69-37              (2)  borrow the funds of such company;
  69-38              (3)  be interested in any way in any loan, pledge,
  69-39  security, or property of such company, except as stockholder; or
  69-40              (4)  take or receive to his own use any fee, brokerage,
  69-41  commission, gift, or other consideration for, or on account of, a
  69-42  loan made by or on behalf of such company.
  69-43        SECTION 7.16.  Section 4(a), Article 21.39-B, Insurance Code,
  69-44  is amended to read as follows:
  69-45        (a)  A domestic insurance company may evidence its ownership
  69-46  of securities either through definitive certificates or through
  69-47  uncertificated securities as defined by the Business & Commerce
  69-48  Code and as provided by Section 6 of this article.  The insurance
  69-49  company<, or it> may deposit or arrange through its agents,
  69-50  brokers, or dealers for the deposit of securities held in or
  69-51  purchased for its general account or its separate accounts in
  69-52  either a clearing corporation or the Federal Reserve Book Entry
  69-53  System.  When securities are deposited with a clearing corporation
  69-54  directly or deposited indirectly through a participating custodian
  69-55  bank, certificates representing securities of the same class of the
  69-56  same issuer may be merged and held in bulk in the name of nominee
  69-57  of such clearing corporation with any other securities deposited
  69-58  with such clearing corporation by any person, regardless of the
  69-59  ownership of such securities, and certificates representing
  69-60  securities of small denominations may be merged into one or more
  69-61  certificates of larger denominations.  The records of any agent,
  69-62  broker, dealer, or member banks through which an insurance company
  69-63  holds securities in the Federal Reserve Book Entry System and the
  69-64  record of any custodian banks through which an insurance company
  69-65  holds securities in a clearing corporation shall at all times show
  69-66  that such securities are held for such insurance company and for
  69-67  which accounts thereof.  To be eligible to act as a participating
  69-68  custodian bank under this subsection, a bank must enter a custodial
  69-69  agreement with the insurance company for which it is to act as a
  69-70  participating custodian bank.
   70-1        SECTION 7.17.  Article 21.39-B, Insurance Code, is amended by
   70-2  adding Section 6 to read as follows:
   70-3        Sec. 6.  The State Board of Insurance shall adopt rules
   70-4  authorizing a domestic insurance company to demonstrate ownership
   70-5  of an uncertificated security consistent with common practices of
   70-6  securities exchanges and markets.  The rules shall establish:
   70-7              (1)  standards for the types of uncertificated
   70-8  securities that may be held;
   70-9              (2)  the manner in which ownership of the security may
  70-10  be demonstrated; and
  70-11              (3)  adequate financial safeguards relating to the
  70-12  ownership of uncertificated securities.
  70-13        SECTION 7.18.  Notwithstanding Section 8(b), Article 1.14-2,
  70-14  Insurance Code, as amended by this Act, each insurer subject to the
  70-15  minimum capital and surplus requirements of that section shall have
  70-16  a minimum capital and surplus of not less than:
  70-17              (1)  $9 million not later than December 31, 1993;
  70-18              (2)  $12 million not later than December 31, 1994; and
  70-19              (3)  $15 million not later than December 31, 1995.
  70-20        SECTION 7.19.  Article 1.16(b), Insurance Code, as amended by
  70-21  this Act, applies only to an assessment made by the State Board of
  70-22  Insurance on or after September 1, 1993.   An assessment made
  70-23  before that date is governed by the law in effect on the date that
  70-24  the assessment is made, and the former law is continued in effect
  70-25  for that purpose.
  70-26        SECTION 7.20.  Article 1.39, Insurance Code, as amended by
  70-27  this Act, applies only to a subordinated indebtedness created on or
  70-28  after the effective date of this Act.
  70-29        SECTION 7.21.  (a)  Section 4(c), Article 3.33, Insurance
  70-30  Code, as amended by this Act, does not prohibit an insurer from
  70-31  acquiring an obligation that it has committed to acquire within the
  70-32  nine months preceding the effective date of this Act if the insurer
  70-33  would have been permitted to acquire that obligation under Section
  70-34  4, Article 3.33, Insurance Code, as it existed before amendment by
  70-35  this Act on the date on which the insurer committed to purchase
  70-36  that obligation.
  70-37        (b)  Section 4(c), Article 3.33, Insurance Code, as amended
  70-38  by this Act, does not require an insurer to sell or otherwise
  70-39  dispose of any obligation:
  70-40              (1)  legally acquired before the effective date of this
  70-41  Act; or
  70-42              (2)  if acquired on or after the effective date of this
  70-43  Act, that satisfied the conditions of that subsection on the date
  70-44  of the acquisition, but that subsequently fails to satisfy those
  70-45  conditions.
  70-46        SECTION 7.22.  Section 8(e), Article 1.14-2, Insurance Code,
  70-47  is amended to read as follows:
  70-48        (e)  Instead of the minimum capital and surplus requirements
  70-49  provided by this section, a <an unincorporated> group of <alien
  70-50  individual> insurers, which group includes unincorporated
  70-51  individual insurers, may maintain a trust fund in an amount not
  70-52  less than $50 million as security to the full amount of the trust
  70-53  fund for all policyholders and creditors in the United States of
  70-54  each member of the group.  Except as specifically otherwise
  70-55  provided by this subsection, the trust fund must comply with the
  70-56  terms and conditions provided by Subsection (d) of this section for
  70-57  the trust fund required by that subsection.
  70-58        ARTICLE 8.  CONSOLIDATION, LIQUIDATION, REHABILITATION,
  70-59              REORGANIZATION, OR CONSERVATION OF INSURERS
  70-60        SECTION 8.01.  Subsection (a), Section 2, Article 21.28,
  70-61  Insurance Code, is amended to read as follows:
  70-62        (a)  Receiver Taking Charge; Commissioner and Powers and
  70-63  Duties.  Whenever under the law of this State a court of competent
  70-64  jurisdiction finds that a receiver should take charge of the assets
  70-65  of an insurer domiciled in this State, the commissioner of
  70-66  insurance or a person designated by the commissioner under contract
  70-67  shall act as receiver.  The receiver shall forthwith take
  70-68  possession of the assets of such insurer and deal with the same in
  70-69  the person's own name as receiver or in the name of the insurer as
  70-70  the court may direct.  The receiver has the powers specified in
   71-1  this code.  A person designated by the commissioner to act as
   71-2  special deputy receiver under contract is subject to the
   71-3  performance standards imposed by this subsection.  It is the intent
   71-4  of the legislature that <continuous> oversight of the special
   71-5  deputy receivers and guaranty associations shall be conducted by
   71-6  the commissioner.  The commissioner shall use a competitive bidding
   71-7  process in the selection of special deputy receivers and shall
   71-8  establish specifications for the position of special deputy
   71-9  receiver.  The special deputy receiver shall submit monthly written
  71-10  reports to the court and commissioner that state the special deputy
  71-11  receiver's business plan for the receivership, including expenses
  71-12  incurred in administering the receivership during the preceding
  71-13  month and an estimate of those expenses for the succeeding month.
  71-14  The report must include a cost-benefit analysis on the expenditure
  71-15  of funds other than funds spent for the payment of claims.  The
  71-16  business plan report must include a budget of monthly expenses that
  71-17  explains any variation from the original projection.  The business
  71-18  plan report must include a list of any lawyers or law firms that
  71-19  offered to or did represent the special deputy receiver in relation
  71-20  to its duties under this article, and any hours billed or fees paid
  71-21  to a lawyer or law firm that represented the special deputy
  71-22  receiver.  The special deputy receiver shall submit the business
  71-23  plan report to the attorney general on a quarterly basis, and the
  71-24  attorney general may make recommendations to the commissioner based
  71-25  on the report.  In addition to the business plan report, the
  71-26  special deputy receiver shall submit a monthly report to the
  71-27  commissioner relating to the special deputy receiver's activities
  71-28  in administering the receivership.  Upon written application by the
  71-29  special deputy receiver and with approval of the commissioner, the
  71-30  court may suspend the requirement for monthly reports or require
  71-31  reports less frequently based upon a showing that the costs of such
  71-32  reports exceed the benefit derived from their filing.
  71-33        SECTION 8.02.  Sections 3(f) and (g), Article 21.28,
  71-34  Insurance Code, are amended to read as follows:
  71-35        (f)  Offsets.  In all cases of mutual debts or mutual
  71-36  credits, whether arising out of one or more contracts between the
  71-37  insurer and another person in connection with any claim or
  71-38  proceeding under this Article, such credits and debts shall be set
  71-39  off and the balance only shall be allowed or paid, except as
  71-40  provided in subsection (g).
  71-41        (g)  No Offsets.  No offsets shall be allowed in favor of any
  71-42  person where (1) the obligation of the insurer to such person would
  71-43  not at the date of the commencement of the delinquency proceedings
  71-44  or as otherwise provided in Section 2(c), entitle him to share as a
  71-45  claimant in the assets of such insurer, or (2) the obligation of
  71-46  the insurer to such person was purchased by or transferred to such
  71-47  person subsequent to the commencement of the delinquency
  71-48  proceedings or for the purpose of increasing offset rights <with a
  71-49  view of its being used as an offset>, or (3) the obligation of such
  71-50  person is to pay an assessment levied against the members of a
  71-51  mutual insurer, or reciprocal exchange, or underwriters at Lloyds,
  71-52  or to pay a balance upon a subscription to the capital stock of a
  71-53  stock insurance corporation, or (4) the obligation of such person
  71-54  is as a trustee or fiduciary, or (5) the obligations between the
  71-55  person and the insurer arise from reinsurance transactions in which
  71-56  either the person or the insurer has assumed risks and obligations
  71-57  from the other party and then has ceded back to that party
  71-58  substantially the same risks and obligations.  The receiver shall
  71-59  provide persons with accounting statements identifying all debts
  71-60  that are due and payable.  If a person owes the insurer amounts
  71-61  that are due and payable, against which the person asserts offset
  71-62  of mutual credits that may become due and payable from the insurer
  71-63  in the future, the person shall promptly pay to the receiver the
  71-64  amounts due and payable.  Notwithstanding Section 8, or any other
  71-65  provision of this Article, the receiver shall promptly and fully
  71-66  refund, to the extent of the person's prior payments, any mutual
  71-67  credits that become due and payable to the person by the insurer.
  71-68        SECTION 8.03.  Article 21.28, Insurance Code, is amended by
  71-69  adding Section 7A to read as follows:
  71-70        Sec. 7A.  EARLY ACCESS DISTRIBUTION.  (a)  Within 120 days of
   72-1  the commencement of the insolvency proceeding against an impaired
   72-2  insurer, the liquidator or a special deputy receiver appointed
   72-3  under this Article may make application to the court for approval
   72-4  of a proposal to disburse assets out of marshaled assets, from time
   72-5  to time as such assets become available, to a guaranty association
   72-6  or foreign guaranty association having Class 1 or Class 2 claims
   72-7  against the estate of the impaired insurer because of such
   72-8  insolvency.  If the receiver or special deputy receiver fails to
   72-9  make such application within 120 days, the guaranty association may
  72-10  submit an application to the court requesting that the receiver or
  72-11  special deputy receiver submit a proposal to disburse assets.  If
  72-12  the liquidator or special deputy receiver determines that there are
  72-13  insufficient assets to disburse, the application required by this
  72-14  section shall be considered satisfied by a filing by the liquidator
  72-15  or special deputy receiver stating the reasons for this
  72-16  determination.
  72-17        (b)  Such proposal shall, at a minimum, include provisions
  72-18  for:
  72-19              (1)  reserving amounts sufficient to allow the payment
  72-20  of Class 1 claims, and to the extent the assets of the insolvent
  72-21  insurer will allow any payment to be made on Class 2 claims,
  72-22  reserving amounts sufficient to provide equal pro-rata
  72-23  distributions to the Class 2 claimants other than the guaranty
  72-24  associations;
  72-25              (2)  disbursement of the assets marshaled to date and
  72-26  the subsequent distribution of assets as they become available;
  72-27              (3)  equitable allocation of disbursements to each of
  72-28  the guaranty associations and foreign guaranty associations
  72-29  entitled thereto;
  72-30              (4)  the securing of the liquidator or special deputy
  72-31  receiver from each of the associations entitled to disbursements
  72-32  pursuant to this section of an agreement to return to the
  72-33  liquidator upon request and approval by the court such assets,
  72-34  together with income on assets previously disbursed, as may be
  72-35  required to pay Class 1 claimants and any federal claimants
  72-36  asserting priority claims.  No bond shall be required of any such
  72-37  association; and
  72-38              (5)  a full report to be made by each association to
  72-39  the liquidator or special deputy receiver, as requested by the
  72-40  liquidator or special deputy receiver, but no more frequently than
  72-41  quarterly, accounting for the assets so disbursed to the
  72-42  association, all disbursements made therefrom, any interest earned
  72-43  by the association on such assets and any other matter as the court
  72-44  may direct.
  72-45        (c)  The proposal submitted by the liquidator or special
  72-46  deputy receiver shall provide for disbursements to the associations
  72-47  in amounts estimated at least equal to the claim payments made or
  72-48  to be made thereby for which such associations could assert a claim
  72-49  against the liquidator, and shall further provide that if the
  72-50  assets available for disbursement from time to time do not equal or
  72-51  exceed the amount of such claim payments made or to be made by the
  72-52  association, then disbursements shall be made for the pro-rata
  72-53  amount of the association's Class 2 claim.
  72-54        (d)  The proposal submitted by the liquidator or special
  72-55  deputy receiver shall, with respect to an insolvent insurer writing
  72-56  life or health insurance or annuities, provide for disbursement of
  72-57  assets to any guaranty association or foreign guaranty association
  72-58  covering life or health insurance or annuities or to any other
  72-59  entity or organization reinsuring, assuming, or guaranteeing
  72-60  policies or contracts of insurance under the acts creating such
  72-61  associations.
  72-62        (e)  Notice of the application shall be given to the
  72-63  association in and to the commissioners of insurance of each of the
  72-64  states.  Notice shall be considered to have been given when
  72-65  deposited in the United States certified mail, first class postage
  72-66  prepaid, at least 30 days prior to the submission of the
  72-67  application to the court.  Action of the application may be taken
  72-68  by the court if notice has been given and if the liquidator's or
  72-69  special deputy receiver's proposal complies with the requirements
  72-70  of this section.  Notice of the application shall be given to those
   73-1  Class 1 and Class 2 claimants that are reasonably ascertainable in
   73-2  a manner deemed appropriate by the court, including notice by
   73-3  publication.
   73-4        SECTION 8.04.  Subsection (a), Section 8, Article 21.28,
   73-5  Insurance Code, is amended to read as follows:
   73-6        (a)  Priority of Distribution of Assets.  The
   73-7  <Notwithstanding any other provision of law, the> priority of
   73-8  distribution of assets from the insurer's estate shall be in
   73-9  accordance with the disbursement plan approved by the court
  73-10  pursuant to Section 7A of this Article, and in accordance with the
  73-11  order of each class as provided by this subsection.  Every claim in
  73-12  each class shall be paid in full or adequate funds retained for
  73-13  such payment before the members of the next class receive any
  73-14  payment.  No subclasses shall be established within any class.
  73-15  <Additional subclasses may not be established within any class.>
  73-16        Class 1.
  73-17              (1)  All of the receiver's, conservator's, and
  73-18  supervisor's costs and expenses of administration, including
  73-19  repayment of funds advanced to the receiver from the abandoned
  73-20  property fund of the State Board of Insurance.
  73-21              (2)  All of the expenses of an insurance guaranty
  73-22  association or foreign insurance guaranty association in handling
  73-23  claims.
  73-24              (3)  Wages owed to employees of the insurer as provided
  73-25  for in Section 6 of this Article.
  73-26              (4)  Secured creditors to the extent of the value of
  73-27  the security as provided by Section 8(c) of this Article.
  73-28        Class 2.
  73-29              (1)  All claims by policyholders, beneficiaries,
  73-30  insureds, and liability claims against insureds covered under
  73-31  insurance policies and insurance contracts issued by the insurer.
  73-32              (2)  All claims by an insurance guaranty association or
  73-33  a foreign insurance guaranty association that are payments of
  73-34  proper policyholder claims.
  73-35        Class 3.
  73-36        All other claims of general creditors not falling within any
  73-37  other priority under this section including claims for taxes and
  73-38  debts due the federal government or any state or local government
  73-39  which are not secured claims.
  73-40        Class 4.
  73-41        Claims of surplus or contribution note holders, holders of
  73-42  debentures or holders of similar obligations and proprietary claims
  73-43  of shareholders, members, or other owners according to the terms of
  73-44  the instruments.
  73-45        SECTION 8.05.  Section 8, Article 21.28, Insurance Code, is
  73-46  amended by adding Subsection (k) to read as follows:
  73-47        (k)  Every claim under a separate account established under
  73-48  Article 3.75 of this code, providing that the income, gains, and
  73-49  losses, realized and unrealized, from assets allocated to the
  73-50  separate account shall be credited to or charged against the
  73-51  account, without regard to other income, gains, or losses of the
  73-52  life insurance company, shall be satisfied out of the assets in the
  73-53  separate account equal to the reserves maintained in such account
  73-54  for the contracts.  To the extent provided under contracts
  73-55  established under Article 3.75 of this code, that portion of the
  73-56  assets of any separate account equal to the reserves and other
  73-57  contract liabilities for the separate account is not chargeable
  73-58  with liabilities arising out of any other business of the company.
  73-59  To the extent, if any, reserves maintained in the separate account
  73-60  are in excess of the amounts needed to satisfy claims under the
  73-61  separate account contracts, the excess shall be treated as general
  73-62  assets of the life insurance company.
  73-63        SECTION 8.06.  Section 9, Article 21.28, Insurance Code, is
  73-64  amended to read as follows:
  73-65        Sec. 9.  CLOSING.  (a)  Excess Assets--Stock Companies.  When
  73-66  the receiver shall have made provision for unclaimed dividends and
  73-67  all of the liabilities of a stock insurance company, he shall call
  73-68  a meeting of the stockholders of the insurer by giving notice
  73-69  thereof in one (1) or more newspapers in the county where the
  73-70  principal office of the insurer was located, and by written notice
   74-1  to the stockholders of record at their last known address.  At such
   74-2  meeting, the stockholders shall appoint an agent or agents to take
   74-3  over the affairs to continue the liquidation for benefit of the
   74-4  stockholders.  Voting privileges shall be governed by the insurer's
   74-5  bylaws.  A majority of the stock shall be represented at the
   74-6  agent's appointment.  Such agent or agents shall execute and file
   74-7  with the court such bond or bonds as shall be approved by it,
   74-8  conditioned on the faithful performance of all the duties of the
   74-9  trust.  Under order of the court the receiver shall then transfer
  74-10  and deliver to such agent or agents for continued liquidation under
  74-11  the court's supervision all assets of insurer remaining in his
  74-12  hands, whereupon the receiver and the Board, and each member and
  74-13  employee thereof, shall be discharged from any further liability to
  74-14  such insurer and its creditors and stockholders; provided, however,
  74-15  that nothing herein contained shall be so construed as to permit
  74-16  the insurer to continue in business as such, but the charter of
  74-17  such insurer and all permits and licenses issued thereunder or in
  74-18  connection therewith shall be ipso facto revoked and annulled by
  74-19  such order of the court directing the receiver to transfer and
  74-20  deliver the remaining assets of such insurer to such agent or
  74-21  agents.
  74-22        (b)  Excess Assets--Other Companies.  After the receiver
  74-23  shall have made provision for unclaimed dividends and all of the
  74-24  liabilities of any insurer other than a stock insurance company, he
  74-25  shall dispose of any remaining assets as directed by the
  74-26  receivership court.
  74-27        (c)  Excess Assets--Guaranty Associations.  Notwithstanding
  74-28  any other provisions of this article in closing an estate, a
  74-29  special deputy receiver, on approval of the court, may transfer any
  74-30  remaining assets, causes of action asserted on behalf of the
  74-31  impaired insurer, judgment, claims, or liens to the appropriate
  74-32  guaranty association and this transfer shall not be a preference or
  74-33  voidable transfer but shall be considered a distribution under
  74-34  Section 8(a)(1) of this article.  In the event the sum realized by
  74-35  the guaranty association is materially larger than the amount
  74-36  loaned to the estate by the guaranty association, the court may
  74-37  order reopening of the estate to disburse the excess funds.
  74-38  Nothing in this section shall be construed as a transfer of any
  74-39  liability of an impaired insurer to the guaranty association that
  74-40  would not constitute a claim payable under Articles 9.48, 21.28-C,
  74-41  or 21.28-D of this code.
  74-42        (d)  Limitation.  Except as otherwise provided by this
  74-43  subsection, each receivership or other delinquency proceeding
  74-44  prescribed by this Article shall be administered in accordance with
  74-45  Section 64.072, Civil Practice and Remedies Code.  To the extent a
  74-46  receivership or delinquency proceeding initiated against an insurer
  74-47  applies to claims against a workers' compensation insurance policy
  74-48  or a title insurance policy, the receivership or delinquency
  74-49  proceeding shall be administered continuously for whatever length
  74-50  of time is necessary to effectuate its purposes, and no arbitrary
  74-51  period prescribed elsewhere by the laws of Texas limiting the time
  74-52  for the administration of receiverships or of corporate affairs
  74-53  generally shall be applicable thereto.  Instead of the winding up
  74-54  and distribution of a receivership estate of an insurer without
  74-55  capital stock, the court shall order revival and reinstatement of
  74-56  the charter, permits, licenses, franchises, and management
  74-57  contracts or other control instruments of the insurer if the
  74-58  insurer's remaining cash on hand and on deposit, less any
  74-59  outstanding valid and enforceable liabilities, exceeds the minimum
  74-60  amount of capital and surplus prescribed for that insurer under
  74-61  Article 2.02 or Section 1 of Article 3.02 of this code.
  74-62        (e) <(d)>  Reopening.  If after the receivership shall have
  74-63  been closed by final order of the court, the liquidator shall
  74-64  discover assets not known to him during receivership, he shall
  74-65  report his findings to the court.  It shall be within the
  74-66  discretion of the court as to whether the value of the
  74-67  after-discovered assets shall justify the reopening of the
  74-68  receivership for continued liquidation.
  74-69        SECTION 8.07.  Subsection (d), Section 11, Article 21.28,
  74-70  Insurance Code, is amended to read as follows:
   75-1        (d)  Maintenance of Records.  The receiver may devise a
   75-2  method for the effective, efficient, and economical maintenance of
   75-3  the records of the delinquent insurer and of the liquidator's
   75-4  office including maintaining those records on any medium approved
   75-5  by the Records Management Division of the Texas State Library.  A
   75-6  copy of an original record or any other record that is maintained
   75-7  on any medium approved by the Records Management Division of the
   75-8  Texas State Library within the scope of this section that is
   75-9  produced by the receiver or his authorized representative under
  75-10  this Article shall have the same force and effect as the original
  75-11  record and may be used the same as the original record in any
  75-12  judicial or administrative proceeding in this state.  In order to
  75-13  maintain the records of delinquent insurers after the closing of
  75-14  the receivership proceedings, the receiver may reserve assets of an
  75-15  estate to be deposited in an account to be used for the specific
  75-16  purpose of maintenance, storage, and disposal of records in closed
  75-17  receivership estates.  <If the need exists for the continued
  75-18  maintenance of any records of a delinquent insurer after the
  75-19  closing of the receivership proceedings, the receiver may reserve
  75-20  sufficient assets, including cash, to be transferred to the
  75-21  liquidator on closing of the receivership for the specific purpose
  75-22  of meeting the reasonable cost of maintaining those records.>
  75-23        SECTION 8.08.  Section 3, Article 21.28-A, Insurance Code, is
  75-24  amended to read as follows:
  75-25        Sec. 3.  Notice to comply with written requirements of
  75-26  commissioner; noncompliance; taking charge as conservator.  If upon
  75-27  examination or at any other time it appears to or is the opinion of
  75-28  the Commissioner of Insurance that any insurance company is
  75-29  insolvent, or its condition is such as to render the continuance of
  75-30  its business hazardous to the public or to holders of its policies
  75-31  or certificates of insurance, or if such company appears to have
  75-32  exceeded its powers (as defined herein) or has failed to comply
  75-33  with the law, or if such insurance company gives its consent (as
  75-34  defined herein), then the Commissioner of Insurance shall upon his
  75-35  determination (a) notify the insurance company of his
  75-36  determination, and (b) furnish to the insurance company a written
  75-37  list of the Commissioner's requirements to abate his determination,
  75-38  and (c) if the Commissioner makes a further determination to
  75-39  supervise he shall notify the insurance company that it is under
  75-40  the supervision of the Commissioner of Insurance and that the
  75-41  Commissioner is applying and effecting the provisions of this
  75-42  Article.  Such insurance company shall comply with the lawful
  75-43  requirements of the Commissioner of Insurance.  If placed under
  75-44  supervision, the insurance company shall have not more than one
  75-45  hundred-eighty (180) <sixty (60)> days from the date of the
  75-46  Commissioner's notice of supervision to comply with the
  75-47  requirements of the Commissioner.  <The Commissioner may extend the
  75-48  supervision for an additional period not to exceed thirty (30) days
  75-49  on written determination by the Commissioner that there is a
  75-50  substantial likelihood of rehabilitation.  No hearing is required
  75-51  before the Commissioner makes the determination.>  During the
  75-52  period of supervision, the insurance company shall continue to pay
  75-53  claims according to terms of the insurance policy, and the
  75-54  Commissioner may schedule a hearing relating to the insurance
  75-55  company in supervision with not less than ten (10) days' written
  75-56  notice to all parties of record on his own motion or that of any
  75-57  party of record.  However, notice may be waived by the parties of
  75-58  record.  If after hearing it is determined that the insurance
  75-59  company has failed to comply with the lawful requirements of the
  75-60  Commissioner, it has not been rehabilitated, it is insolvent, or it
  75-61  is otherwise in such a condition as to render the continuance of
  75-62  its business hazardous to the public or to holders of its policies
  75-63  or certificates of insurance, or if the company appears to have
  75-64  exceeded its powers as defined in this Article, the Commissioner of
  75-65  Insurance, acting for himself, or through a conservator appointed
  75-66  by the Commissioner of Insurance for that purpose, shall take
  75-67  charge as conservator of the insurance company and all of the
  75-68  property and effects thereof.  If after hearing it is determined
  75-69  that the insurance company has been rehabilitated or its condition
  75-70  has otherwise been remedied such that the continuance of its
   76-1  business is no longer hazardous to the public or to holders of its
   76-2  policies or certificates of insurance, the Commissioner may release
   76-3  that insurance company from supervision.  Section 15,
   76-4  Administrative Procedure and Texas Register Act (Article 6252-13a,
   76-5  Vernon's Texas Civil Statutes), does not apply to hearings held by
   76-6  the Commissioner or his representative under this Article.
   76-7        SECTION 8.09.  Sections 3A(a) and (e), Article 21.28-A,
   76-8  Insurance Code, are amended to read as follows:
   76-9        (a)  All <Notwithstanding any other provision of law,>
  76-10  hearings, orders, notices, correspondence, reports, records, and
  76-11  other information in the possession of the Texas Department <State
  76-12  Board> of Insurance relating to the supervision or conservatorship
  76-13  of any insurance company are <not> confidential <unless the
  76-14  Commissioner of Insurance determines that confidentiality> during
  76-15  the <initial> period of supervision and conservatorship.  On
  76-16  termination of the supervision and conservatorship, the information
  76-17  in the custody of the department that relates to the supervision
  76-18  and conservatorship becomes public information <is necessary to
  76-19  accomplish the purposes of this article.  The Commissioner of
  76-20  Insurance shall make this determination of confidentiality on the
  76-21  date the first notice of supervision is given.  The period of
  76-22  confidentiality determined by the Commissioner of Insurance may not
  76-23  be for a period that exceeds 60 days after the date of the
  76-24  Commissioner's determination>.
  76-25        (e)  An officer or employee of the Texas Department <State
  76-26  Board> of Insurance is not liable for release of information
  76-27  without a showing that the release of information was accomplished
  76-28  with actual malice.
  76-29        This section does not apply to information (1) if the
  76-30  insureds of the insurance company are not protected by Article
  76-31  9.48, 21.28-C, or 21.28-D of this code or by statutes substantially
  76-32  similar to those Articles, or (2) on the appointment of a receiver
  76-33  for the insurance company by a court of competent jurisdiction.
  76-34        SECTION 8.10.  Article 21.28-A, Insurance Code, is amended by
  76-35  adding Section 13 to read as follows:
  76-36        Sec. 13.  INSURER'S ATTORNEY, ACTUARY, AND ACCOUNTANT.  (a)
  76-37  Notwithstanding any other provision of this article, during a
  76-38  supervision or conservatorship proceeding, the insurer may employ
  76-39  an attorney, actuary, and accountant of the insurer's choice to
  76-40  assist the insurer during the supervision or conservatorship.
  76-41        (b)  The supervisor or conservator shall authorize the
  76-42  payment of reasonable fees and expenses from the insurer for the
  76-43  attorney, actuary, or accountant.
  76-44        SECTION 8.11.  Section 17(a), Article 21.28-A, Insurance
  76-45  Code, is amended to read as follows:
  76-46        (a)  The State Board of Insurance may collect fees from any
  76-47  entity that is regulated by the board as provided by Subsection (h)
  76-48  of Section 7 of Article 1.10 of this code and that is successfully
  76-49  rehabilitated by the board.  The fees shall be in amounts
  76-50  sufficient to cover but not exceed the costs of rehabilitation of
  76-51  that entity.  The board shall use the fees for the sole purpose of
  76-52  the rehabilitation of the entity from which they are collected.
  76-53  Fees collected under this subsection shall be deposited in and
  76-54  expended through the State Board of Insurance Operating Fund.  The
  76-55  supervisor, conservator, or commissioner shall use the employees of
  76-56  the entity being rehabilitated, to the maximum extent possible,
  76-57  instead of outside consultants, actuaries, attorneys, accountants,
  76-58  other personnel or departmental employees, in order to minimize the
  76-59  expense of rehabilitation or the necessity of fees for
  76-60  rehabilitation.
  76-61      ARTICLE 9.  TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY
  76-62                              ASSOCIATION
  76-63        SECTION 9.01.  Section 3, Article 21.28-C, Insurance Code, is
  76-64  amended to read as follows:
  76-65        Sec. 3.  Scope.  This Act applies to all kinds of direct
  76-66  insurance, and except as provided in Section 12 of this Act, <but>
  76-67  is not applicable to the following:
  76-68              (1)  life, annuity, health, or disability insurance;
  76-69              (2)  mortgage guaranty, financial guaranty, or other
  76-70  forms of insurance offering protection against investment risks;
   77-1              (3)  fidelity or surety bonds, or any other bonding
   77-2  obligations;
   77-3              (4)  credit insurance, vendors' single-interest
   77-4  insurance, collateral protection insurance, or any similar
   77-5  insurance protecting the interests of a creditor arising out of a
   77-6  creditor-debtor transaction;
   77-7              (5)  insurance of warranties or service contracts;
   77-8              (6)  title insurance;
   77-9              (7)  ocean marine insurance;
  77-10              (8)  any transaction or combination of transactions
  77-11  between a person, including an affiliate of such a person, and an
  77-12  insurer, including an affiliate of such an insurer, that involves
  77-13  the transfer of investment or credit risk unaccompanied by the
  77-14  transfer of insurance risk; or
  77-15              (9)  any insurance provided by or guaranteed by
  77-16  government.
  77-17        SECTION 9.02.  Subdivision (8), Section 5, Article 21.28-C,
  77-18  Insurance Code, is amended to read as follows:
  77-19              (8)  "Covered claim" means an unpaid claim of an
  77-20  insured or third-party liability claimant that arises out of and is
  77-21  within the coverage and not in excess of the applicable limits of
  77-22  an insurance policy to which this Act applies, issued or assumed
  77-23  (whereby an assumption certificate is issued to the insured) by an
  77-24  insurer licensed to do business in this state, if that insurer
  77-25  becomes an impaired insurer and the third-party claimant or
  77-26  liability claimant or insured is a resident of this state at the
  77-27  time of the insured event, or the property from which the claim
  77-28  arises is permanently located in this state.  "Covered claim" shall
  77-29  also include 75 percent of unearned premiums,  but in no event
  77-30  shall a covered claim for unearned premiums exceed $1,000.
  77-31  Individual covered claims (including any and all derivative claims
  77-32  by more than one person which arise from the same occurrence, which
  77-33  shall be considered collectively as a single claim under this Act)
  77-34  shall be limited to $100,000, except that the association shall pay
  77-35  the full amount of any covered claim arising out of a workers'
  77-36  compensation claim made under a workers' compensation policy.
  77-37  "Covered claim" shall not include any amount sought as a return of
  77-38  premium under a retrospective rating plan or any amount due any
  77-39  reinsurer, insurer, insurance pool, or underwriting association, as
  77-40  subrogation recoveries or otherwise.  "Covered claim" shall not
  77-41  include supplementary payment obligations, including adjustment
  77-42  fees and expenses, attorney's fees and expenses, court costs,
  77-43  interest and penalties, and interest and bond premiums incurred
  77-44  prior to the determination that an insurer is an impaired insurer
  77-45  under this Act.  "Covered claim" shall not include any prejudgment
  77-46  or postjudgment interest that accrues subsequent to the
  77-47  determination that an insurer is an impaired insurer under this
  77-48  Act.  "Covered claim" shall not include any claim for recovery of
  77-49  punitive, exemplary, extracontractual, or bad-faith damages,
  77-50  whether sought as a recovery against the insured, insurer, guaranty
  77-51  association, receiver, special deputy receiver, or commissioner,
  77-52  awarded in a court judgment against an insured or insurer.
  77-53  "Covered claim" shall not include, and the association shall not
  77-54  have any liability to an insured or third-party liability claimant,
  77-55  for its failure to settle a liability claim within the limits of a
  77-56  covered claim under this Act.  With respect to a covered claim for
  77-57  unearned premiums, both persons who were residents of this state at
  77-58  the time the policy was issued and persons who are residents of
  77-59  this state at the time the company is found to be an impaired
  77-60  insurer shall be considered to have covered claims under this Act.
  77-61  If the impaired insurer has insufficient assets to pay the expenses
  77-62  of administering the receivership or conservatorship estate, that
  77-63  portion of the expenses of administration incurred in the
  77-64  processing and payment of claims against the estate shall also be a
  77-65  covered claim under this Act.
  77-66        SECTION 9.03.  Subdivision (9), Section 5, Article 21.28-C,
  77-67  Insurance Code, is amended to read as follows:
  77-68              (9)  "Impaired insurer" means:
  77-69                    (A)  a member insurer that is placed in temporary
  77-70  or permanent receivership under an order of a court of competent
   78-1  jurisdiction, including the courts of any other state, based on a
   78-2  finding of insolvency and that has been designated an impaired
   78-3  insurer by the commissioner; or
   78-4                    (B)  a member insurer placed in conservatorship
   78-5  after it has been determined by the commissioner to be insolvent
   78-6  and that has been designated an impaired insurer by the
   78-7  commissioner.
   78-8        SECTION 9.04.  Subdivision (11), Section 5, Article 21.28-C,
   78-9  Insurance Code, is amended to read as follows:
  78-10              (11)  "Net direct written premiums", when assessing
  78-11  other than the workers' compensation line of business, means direct
  78-12  premiums written in this state on insurance policies to which this
  78-13  Act applies, less return premiums on those policies and dividends
  78-14  paid or credited to policyholders on that direct business.  The
  78-15  term does not include premiums on contracts between insurers or
  78-16  reinsurers.  When assessing the workers' compensation line of
  78-17  business, the term "net direct written premiums" means the modified
  78-18  annual premium prior to the application of any deductible premium
  78-19  credit, less return premiums on those policies and dividends paid
  78-20  or credited to policyholders on that direct business.  The term
  78-21  does not include premiums on contracts between insurers or
  78-22  reinsurers.
  78-23        SECTION 9.05.  Subsection (d), Section 7, Article 21.28-C,
  78-24  Insurance Code, is amended to read as follows:
  78-25        (d)  A public representative may not be:
  78-26              (1)  an officer, director, or employee of an insurance
  78-27  company, insurance agency, agent, broker, solicitor, adjuster, or
  78-28  any other business entity regulated by the Texas Department of
  78-29  Insurance;
  78-30              (2)  a person required to register with the Texas
  78-31  Ethics Commission <secretary of state> under Chapter 305,
  78-32  Government Code, in connection with the person's representation of
  78-33  clients in the field of insurance; or
  78-34              (3)  related to a person described by Subdivision (1)
  78-35  or (2) of this subsection within the second degree of affinity or
  78-36  consanguinity.
  78-37        SECTION 9.06.  Section 7, Article 21.28-C, Insurance Code, is
  78-38  amended by adding Subsection (f) to read as follows:
  78-39        (f)  A director of the association or any member company or
  78-40  other entity represented by the director may not receive any money
  78-41  or valuable thing directly, indirectly, or through any substantial
  78-42  interest in any other corporation, firm, or business unit for
  78-43  negotiating, procuring, participating, recommending, or aiding in a
  78-44  transaction, reinsurance agreement, merger, purchase, sale, or
  78-45  exchange of assets, policies of insurance, or property made by the
  78-46  association or the supervisor, conservator, or receiver on behalf
  78-47  of an impaired insurer.  The director, company, or entity may not
  78-48  be pecuniarily or contractually interested, as principal,
  78-49  co-principal, agent, or beneficiary, directly, indirectly, or
  78-50  through any substantial interest in any other corporation, firm, or
  78-51  business unit, in the transaction, reinsurance agreement, merger,
  78-52  purchase, sale, or exchange.
  78-53        SECTION 9.07.  Subsection (b), Section 8, Article 21.28-C,
  78-54  Insurance Code, is amended  to read as follows:
  78-55        (b)  The association shall undertake to discharge the policy
  78-56  obligations of the impaired insurer, including the duty to defend
  78-57  insureds under a liability policy, to the extent that the policy
  78-58  obligations are covered claims under this Act.  In performing its
  78-59  statutory obligations, the association may also enforce any duty
  78-60  imposed on the insured party or beneficiary under the terms of any
  78-61  policy of insurance within the scope of this Act.  In performing
  78-62  its statutory obligations under this Act, the association shall not
  78-63  be considered to be in the business of insurance, shall not be
  78-64  considered to have assumed or succeeded to any liabilities of the
  78-65  impaired insurer, and shall not be considered to otherwise stand in
  78-66  the shoes of the impaired insurer for any purpose, including the
  78-67  issue of whether the association is amenable to the personal
  78-68  jurisdiction of the courts of any other state.  The association is
  78-69  considered the insurer to the extent of its obligation on the
  78-70  covered claims and to that extent has all rights, duties, and
   79-1  obligations of the impaired insurer as if the insurer had not
   79-2  become impaired.
   79-3        SECTION 9.08.  Subsection (d), Section 8, Article 21.28-C,
   79-4  Insurance Code, is amended to read as follows:
   79-5        (d)  The association shall investigate <claims brought
   79-6  against the association> and <shall> adjust, compromise, settle,
   79-7  and pay covered claims to the extent of the association's
   79-8  obligation and deny all other claims.  The association may review
   79-9  settlements, releases, and judgments to which the impaired insurer
  79-10  or its insureds were parties to determine the extent to which those
  79-11  settlements, releases, and judgments may be properly contested.
  79-12  Any judgment taken by default or consent against an insured or the
  79-13  impaired insurer, and any settlement, release, or judgment entered
  79-14  into by the insured or the impaired insurer, is not  binding on the
  79-15  association, and may not be considered as evidence of liability or
  79-16  of damages in connection with any claim brought against the
  79-17  association or any other party under this Act.  Notwithstanding any
  79-18  other provision of this Act, a covered claim shall not include any
  79-19  claim filed with the guaranty association after the later of the
  79-20  final date for filing claims against the liquidator or receiver of
  79-21  an insolvent insurer or eighteen months after the order of
  79-22  liquidation.
  79-23        SECTION 9.09.  Subsection (h), Section 8, Article 21.28-C,
  79-24  Insurance Code, is amended to read as follows:
  79-25        (h)  The association may:
  79-26              (1)  employ or retain persons as necessary to handle
  79-27  claims and perform other duties of the association;
  79-28              (2)  borrow funds necessary to implement this Act in
  79-29  accordance with the plan of operation;
  79-30              (3)  sue or be sued;
  79-31              (4)  negotiate and become a party to contracts as
  79-32  necessary to implement this Act, including lump-sum or structured
  79-33  compromise and settlement agreements with claimants who have claims
  79-34  for medical or indemnity benefits for a period of three years or
  79-35  more other than a  settlement or lump-sum payment in violation of
  79-36  the Texas Workers' Compensation Act (Article 8308-1.01 et seq.,
  79-37  Vernon's Texas Civil Statutes);
  79-38              (5)  perform other acts as necessary or proper to
  79-39  implement this Act; or
  79-40              (6)  refund to the member insurers in proportion to the
  79-41  contribution of each member insurer to the association that amount
  79-42  by which the assets of the association exceed the liabilities, if
  79-43  at the end of any calendar year the board of directors finds that
  79-44  the assets of the association exceed the liabilities of the
  79-45  association as estimated by the board of directors for the coming
  79-46  year.
  79-47        SECTION 9.10.  Subsection (i), Section 8, Article 21.28-C,
  79-48  Insurance Code, is repealed.
  79-49        SECTION 9.11.  Section 8, Article 21.28-C, Insurance Code, is
  79-50  amended by adding Subsection (k) to read as follows:
  79-51        (k)(1)  Notwithstanding Chapter 271, Acts of the 60th
  79-52  Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
  79-53  Civil Statutes), the board may hold an open meeting by telephone
  79-54  conference call if immediate action is required and the convening
  79-55  at one location of a quorum of the board is not reasonable or
  79-56  practical.
  79-57              (2)  The meeting is subject to the notice requirements
  79-58  applicable to other meetings.
  79-59              (3)  The notice of the meeting must specify as the
  79-60  location of the meeting the location where meetings of the board
  79-61  are usually held.
  79-62              (4)  Each part of the meeting that is required to be
  79-63  open to the public shall be audible to the public at the location
  79-64  specified in the notice of the meeting as the location of the
  79-65  meeting and shall be tape recorded.  The tape recording shall be
  79-66  made available to the public.
  79-67        SECTION 9.12.  Subsection (d), Section 9, Article 21.28-C,
  79-68  Insurance Code, is amended to read as follows:
  79-69        (d)  The plan of operation must:
  79-70              (1)  establish the procedures under which the powers
   80-1  and duties of the association are performed;
   80-2              (2)  establish procedures for handling assets of the
   80-3  association;
   80-4              (3)  establish the amount and method of reimbursing
   80-5  members of the board of directors;
   80-6              (4)  provide for the establishment of a claims filing
   80-7  procedure that includes, but is not limited to, notice by the
   80-8  association to claimants, procedures for filing claims seeking
   80-9  recovery from the association, and a procedure for appealing the
  80-10  denial of claims by the association <establish procedures by which
  80-11  claims may be filed with the association>; and
  80-12              (5)  establish acceptable forms of proof of covered
  80-13  claims.
  80-14        SECTION 9.13.  Subsection (e), Section 9, Article 21.28-C,
  80-15  Insurance Code, is amended to read as follows:
  80-16        (e)  <Notice of claims to the receiver of the impaired
  80-17  insurer constitutes notice to the association or its agent.>  A
  80-18  list of claims shall be submitted periodically to the association
  80-19  or similar organization in another state by the receiver.
  80-20        SECTION 9.14.  Subsection (a), Section 11, Article 21.28-C,
  80-21  Insurance Code, is amended to read as follows:
  80-22        (a)  A person recovering under this Act is considered to have
  80-23  assigned to the association the person's right under the policy,
  80-24  and the person's rights to recover for the occurrence made the
  80-25  basis of the claim under this Act under any policy of insurance
  80-26  issued by an unimpaired insurer  <the person's rights under the
  80-27  policy to the association> to the extent of the person's recovery
  80-28  from the association.   The association may pursue any such claims
  80-29  to which it is subrogated under this provision in its own name or
  80-30  in the name of the person recovering under this Act.  Each insured
  80-31  or claimant seeking the protection of this Act shall cooperate with
  80-32  the association to the same extent as that person would have been
  80-33  required to cooperate with the impaired insurer.  The association
  80-34  does not have a cause of action against the insured of the impaired
  80-35  insurer for any sums it has paid out except those causes of action
  80-36  the impaired insurer would have had if the sums had been paid by
  80-37  the impaired insurer and except as provided in Subsection (b) of
  80-38  this section.  In the case of an impaired insurer operating on a
  80-39  plan with assessment liability, payments of claims of the
  80-40  association do not reduce the liability of the insureds to the
  80-41  receiver or statutory successor for unpaid assessments.
  80-42        SECTION 9.15.  Subsection (a), Section 12, Article 21.28-C,
  80-43  Insurance Code, is amended to read as follows:
  80-44        (a)  A person who has a claim against an insurer under any
  80-45  provision in an insurance policy other than a policy of an impaired
  80-46  insurer that is also a covered claim shall exhaust first the
  80-47  person's rights under the policy, including any claim for indemnity
  80-48  or medical benefits under any workers' compensation, health,
  80-49  disability, uninsured motorist, personal injury protection, medical
  80-50  payment, liability, or other policy.  The association shall have a
  80-51  credit or setoff against any amount of benefits which would
  80-52  otherwise be payable by the association to the claimant under this
  80-53  Act, in the amount of the claimant's recovery under any policy
  80-54  issued by an unimpaired insurer.  Subject to the provisions of
  80-55  Subsections (1) and (2) below,  the association's credit or setoff
  80-56  under this section shall be deducted from damages incurred by the
  80-57  claimant, and the remaining sum shall be the maximum amount payable
  80-58  by the association, except that the association's liability shall
  80-59  not exceed $100,000 or the limits of the policy under which the
  80-60  claim is made, whichever is less.
  80-61        (a-1)  Notwithstanding Subsection (a) of this section, if a
  80-62  claimant is seeking recovery of policy benefits that, but for the
  80-63  insolvency of the impaired insurer, would be subject to lien or
  80-64  subrogation by a workers' compensation insurer, health insurer or
  80-65  any other insurer, whether impaired or not, then the association's
  80-66  credit or offset shall be deducted from the damages incurred by the
  80-67  claimant or the limits of the policy under which the claim is made,
  80-68  whichever is less.  In no event shall a claimant's recovery under
  80-69  this Act result in a total recovery to the claimant that is greater
  80-70  than that which would have resulted but for the insolvency of the
   81-1  impaired insurer.  Subject to Section 5(8) of this Act, a
   81-2  claimant's recovery under this Act may not result in a recovery to
   81-3  the claimant that is less than that which would have resulted but
   81-4  for the insolvency of the impaired insurer<.  Any amount payable on
   81-5  a covered claim under this Act shall be reduced by the amount of
   81-6  any recovery under the insurance policy>.
   81-7        SECTION 9.16.  Subsection (b), Section 12, Article 21.28-C,
   81-8  Insurance Code, is amended to read as follows:
   81-9        (b)  A person who has a claim that may be recovered under
  81-10  more than one insurance guaranty association or its equivalent
  81-11  shall seek recovery first from the association of the place of
  81-12  residence of the insured, except that if it is a first-party claim
  81-13  for damage to property with a permanent location, the person shall
  81-14  seek recovery first from the association of the location of the
  81-15  property, and if it is a workers' compensation claim the person
  81-16  shall seek recovery first from the association of the residence of
  81-17  the claimant.  The association shall have a credit or setoff
  81-18  against any amount of benefits under this Act, in the amount of the
  81-19  claimant's recovery from the guaranty association or equivalent.
  81-20  Subject to the provisions of Subsections (1) and (2) below, the
  81-21  association's credit or setoff under this Section shall be deducted
  81-22  from the damages incurred by the claimant, and the remaining sum
  81-23  shall be the maximum amount payable by the association, except that
  81-24  the association's liability shall not exceed $100,000.
  81-25        (b-1)  Notwithstanding Subsection (b) of this section, if a
  81-26  claimant is seeking recovery of policy benefits that, but for the
  81-27  insolvency of the impaired insurer, would be subject to lien or
  81-28  subrogation by a workers' compensation insurer, health insurer or
  81-29  any other insurer, whether impaired or not, then the association's
  81-30  credit or offset shall be deducted from the damages incurred by the
  81-31  claimant or the limits of the policy under which the claim is made,
  81-32  whichever is less.  In no event shall a claimant's recovery under
  81-33  this Act result in a total recovery to the claimant that is greater
  81-34  than that which would have resulted but for the insolvency of the
  81-35  impaired insurer.  Subject to Section 5(8) of this Act, a
  81-36  claimant's recovery under this Act shall not result in a recovery
  81-37  to the claimant that is less than that which would have resulted
  81-38  but for the insolvency of the impaired insurer <Any recovery under
  81-39  this Act shall be reduced by the amount of recovery from any other
  81-40  insurance guaranty association or its equivalent>.
  81-41        SECTION 9.17.  Section 13, Article 21.28-C, Insurance Code,
  81-42  is amended to read as follows:
  81-43        Sec. 13.  FINANCIAL CONDITION OF MEMBER INSURERS; PREVENTION
  81-44  OF INSOLVENCIES.  (a)  The association shall have access to the
  81-45  books and records of a member insurer in receivership, in order to
  81-46  make a determination of the extent of the impact on the association
  81-47  in the event such member becomes impaired.  The association shall
  81-48  have the authority to perform or cause to be performed an actuarial
  81-49  and operational analysis of the member insurer and prepare a report
  81-50  on matters relating to the impact or potential impact on the
  81-51  association in the event of impairment.  Such reports shall not be
  81-52  public documents.  <To aid in the detection and prevention of
  81-53  insurer insolvencies, the board of directors, on majority vote, may
  81-54  make recommendations to the commissioner for the detection and
  81-55  prevention of insurer insolvencies and respond to requests by the
  81-56  commissioner to discuss and make recommendations regarding the
  81-57  status of any member insurer whose financial condition may be
  81-58  hazardous to policyholders or the public.  Those recommendations
  81-59  are not public documents and are not subject to the open records
  81-60  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
  81-61  1973 (Article 6252-17a, Vernon's Texas Civil Statutes), until such
  81-62  time as an insurer is declared to be impaired.>
  81-63        (b)  At the conclusion of any domestic insurer insolvency in
  81-64  which the association was obligated to pay covered claims, the
  81-65  board of directors may prepare a report on the history and causes
  81-66  of the insolvency, based on the information available to the
  81-67  association, and may submit the report to the commissioner.
  81-68        (c)  There shall be no liability on the part of, and no cause
  81-69  of action of any nature shall arise against the association or its
  81-70  agents or employees, the board of directors, member insurers, or
   82-1  the commissioner or the commissioner's authorized representative
   82-2  for any statement made in good faith by them in any report or
   82-3  recommendation made under this section.
   82-4        SECTION 9.18.  Section 14, Article 21.28-C, Insurance Code,
   82-5  is amended to read as follows:
   82-6        Sec. 14.  Examination of the association.  <The association
   82-7  shall be subject to examination and regulation by the commissioner
   82-8  in the same manner as other insurers under this code.>  Not later
   82-9  than March 30 of each year, the association <board of directors>
  82-10  shall submit an audited financial statement to the state auditor <a
  82-11  financial report> for the preceding calendar year in a form
  82-12  approved by the state auditor's office <commissioner>.
  82-13        SECTION 9.19.  Subsection (a), Section 16, Article 21.28-C,
  82-14  Insurance Code, is amended to read as follows:
  82-15        (a)  There is no liability on the part of, and no cause of
  82-16  action of any nature arises against, any member insurer, the
  82-17  association or its agents or employees, the board of directors,
  82-18  receiver, special deputy receiver or its agents or employees, or
  82-19  the commissioner or the commissioner's representatives for any good
  82-20  faith action or failure to act in the performance of powers and
  82-21  duties under this Act.
  82-22        SECTION 9.20.  Section 17, Article 21.28-C, Insurance Code,
  82-23  is amended to read as follows:
  82-24        Sec. 17.  Stay of proceedings.  All proceedings in which an
  82-25  impaired insurer is a party or is obligated to defend a party in
  82-26  any court in this state, except proceedings directly related to the
  82-27  receivership or instituted by the receiver, shall be stayed for six
  82-28  months and any additional time thereafter as may be determined by
  82-29  the court from the date of the designation of impairment or an
  82-30  ancillary proceeding is instituted in the state, whichever is
  82-31  later, to permit proper defense by the receiver or the association
  82-32  of all pending causes of action.  As to any covered claims arising
  82-33  from a judgment under any decision, verdict, or finding based on
  82-34  the default of the impaired insurer or its failure to defend an
  82-35  insured, the association either on its own behalf or on behalf of
  82-36  the insured shall be entitled, upon application, <may apply> to
  82-37  have the judgment, order, decision, verdict, or finding set aside
  82-38  by the same court or administrator that made the judgment, order,
  82-39  decision, verdict, or finding and shall be permitted to defend the
  82-40  claim on the merits.  The receiver or statutory successor of an
  82-41  impaired insurer covered by this Act shall permit access by the
  82-42  board or its authorized representative to records of the impaired
  82-43  insurer as are necessary for the board in carrying out its
  82-44  functions under this Act with regard to covered claims.  In
  82-45  addition, the receiver or statutory successor shall provide the
  82-46  board or its representative with copies of the records on request
  82-47  of the board and at the expense of the board.
  82-48        SECTION 9.21.  Section 18, Article 21.28-C, Insurance Code,
  82-49  is amended by adding Subsection (h) to read as follows:
  82-50        (h)  Notwithstanding Subsection (b) of this section, the
  82-51  association may assess the workers' compensation line of business
  82-52  during a calendar year not more than three percent of each
  82-53  insurer's net direct written premium for the preceding calendar
  82-54  year for assessments made on or before December 31, 1995.  An
  82-55  assessment under this subsection may be made only if the
  82-56  association finds that the assessment is necessary to meet the
  82-57  obligations of the association.  This subsection expires January 1,
  82-58  1996.
  82-59        SECTION 9.22.  Article 21.28-C, Insurance Code, is amended by
  82-60  adding Section 24 to read as follows:
  82-61        Sec. 24.  REPORTING REQUIREMENTS.  The guaranty association,
  82-62  its employees, and board of directors are not required to register
  82-63  with the secretary of state or Texas Ethics Commission pursuant to
  82-64  Article 1.06-D of this code.
  82-65        SECTION 9.23.  Article 21.28-C, Insurance Code, is amended by
  82-66  adding Section 25 to read as follows:
  82-67        Sec. 25.  CONTROLLING LAW.  (a)  Except as provided in
  82-68  Subsection (b) of this section, if a conflict exists between this
  82-69  Act and any other statutory provision relating to the association,
  82-70  this Act shall control.
   83-1        (b)  This section does not apply to a conflict between this
   83-2  Act and:
   83-3              (1)  the Texas Workers' Compensation Act (Article
   83-4  8308-1.01, et seq., Vernon's Texas Civil Statutes);
   83-5              (2)  Subchapter D, Chapter 5, of this code; or
   83-6              (3)  Article 5.76-2, 5.76-3, 5.76-4, or 5.76-5 of this
   83-7  code.
   83-8        SECTION 9.24.  Notwithstanding Subsection (b), Section 1.27,
   83-9  Chapter 12, Acts of 72nd Legislature, 2nd Called Session, 1991, the
  83-10  Texas Property and Casualty Insurance Guaranty Association may
  83-11  assume its responsibilities under this Act in proceedings initiated
  83-12  before January 1, 1992, prior to September 1, 1994, on an
  83-13  estate-by-estate basis.  Assumption of its responsibilities in
  83-14  proceedings initiated before January 1, 1992, shall not impose upon
  83-15  the Texas Property and Casualty Insurance Guaranty Association a
  83-16  duty to defend insureds who have been sued under a liability policy
  83-17  issued by an impaired insurer.
  83-18        SECTION 9.25.  If the 73rd Legislature adopts legislation
  83-19  repealing Article 1.06-D, Insurance Code, Section 9.22 of this
  83-20  article shall not be effective.
  83-21       ARTICLE 10.  LIFE, ACCIDENT, HEALTH, AND HOSPITAL SERVICE
  83-22                    INSURANCE GUARANTY ASSOCIATION
  83-23        SECTION 10.01.  Section 7, Article 21.28-D, Insurance Code,
  83-24  is amended by adding Subsection (d) to read as follows:
  83-25        (d)  A director of the association or any member company or
  83-26  other entity represented by the director may not receive any money
  83-27  or valuable thing directly, indirectly, or through any substantial
  83-28  interest in any other corporation, firm, or business unit for
  83-29  negotiating, procuring, participating, recommending, or aiding in a
  83-30  transaction, reinsurance agreement, merger, purchase, sale, or
  83-31  exchange of assets, policies of insurance, or property made by the
  83-32  association or the supervisor, conservator, or receiver on behalf
  83-33  of an impaired insurer.  The director, company, or entity may not
  83-34  be pecuniarily or contractually interested, as principal,
  83-35  co-principal, agent, or beneficiary, directly, indirectly, or
  83-36  through any substantial interest in any other corporation, firm, or
  83-37  business unit, in the transaction, reinsurance agreement, merger,
  83-38  purchase, sale, or exchange.
  83-39        SECTION 10.02.  Section 17(a), Article 21.28-D, Insurance
  83-40  Code, is amended to read as follows:
  83-41        (a)  There is no liability on the part of and no cause of
  83-42  action of any nature arises against any member insurer or its
  83-43  agents or employees, the association or its agents or employees,
  83-44  members of the board of directors, the receiver, the special deputy
  83-45  or its agents or employees, or the commissioner or the
  83-46  commissioner's representatives, for any good faith action or
  83-47  omission in the performance of powers and duties under this Act.
  83-48  This immunity extends to the participation in any organization of
  83-49  one or more other state associations of similar purposes and to any
  83-50  similar organization and its agents or employees.
  83-51           ARTICLE 11.  TITLE INSURANCE GUARANTY ASSOCIATION
  83-52        SECTION 11.01.  Section 5(2), Article 9.48, Insurance Code,
  83-53  is amended by amending Paragraph  B and by adding Paragraph C to
  83-54  read as follows:
  83-55                    B.  "Covered claim" shall not include any amount
  83-56  due any reinsurer, insurer, insurance pool, or underwriting
  83-57  association, as subrogation recoveries or otherwise.  "Covered
  83-58  claim" shall not include supplementary payment obligations,
  83-59  including but not limited to adjustment fees and expenses,
  83-60  attorneys' fees and expenses, court costs, interest, enhanced
  83-61  damages, whether sought as a recovery against the insured, the
  83-62  impaired insurer, the impaired agent, or the association, that
  83-63  arise <arising> under Article 21.21 of this code or under the
  83-64  Deceptive Trade Practices-Consumer Protection Act (Section 17.41 et
  83-65  seq., Business & Commerce Code), and bond premiums, incurred prior
  83-66  to the determination that an insurer or agent is "impaired" under
  83-67  this article.  "Covered claim" shall also not include any shortage
  83-68  of trust funds, shortage in an escrow account resulting from the
  83-69  insolvency of a financial institution, or punitive, exemplary,
  83-70  extracontractual, or bad faith damages awarded by a court judgment
   84-1  against an insured or insurer.  A "covered claim" does not include
   84-2  a claim under Subparagraph (ii) or (iv) of Paragraph A of
   84-3  Subdivision (2) of Section 5 if the claimant has a lien against the
   84-4  real estate that was the subject of the transaction from which the
   84-5  claim arises unless that lien is held to be invalid as a matter of
   84-6  law.  No claimant who has caused or substantially contributed to
   84-7  his loss by his action or failure to act shall have a covered claim
   84-8  under Paragraph A of Subdivision (2) of Section 5.
   84-9                    C.  If an impaired insurer or an impaired agent
  84-10  has insufficient assets to pay the expenses of administering the
  84-11  receivership or conservatorship estate, the association may advance
  84-12  funds necessary to pay  those expenses on the terms it may
  84-13  negotiate.  Any funds advanced with regard to the expenses of
  84-14  administering the estate of an impaired agent may be paid only from
  84-15  the guaranty fee account.
  84-16        SECTION 11.02.  Section 5, Article 9.48, Insurance Code, is
  84-17  amended by adding Subdivisions (14) and (15) to read as follows:
  84-18              (14)  "Affiliate" means a person who directly or
  84-19  indirectly, through one or more intermediaries, controls, is
  84-20  controlled by, or is under common control with an impaired insurer
  84-21  on December 31 of the year next proceeding the date the insurer
  84-22  becomes an impaired insurer.
  84-23              (15)  "Control" means the possession, direct or
  84-24  indirect, of the power to direct or cause the direction of the
  84-25  management and policies of a person, whether through the ownership
  84-26  of voting securities, by contract other than a commercial contract
  84-27  for goods or nonmanagement services, or otherwise, unless the power
  84-28  is the result of an official position with or corporate office held
  84-29  by the person.  Control is presumed to exist if any person,
  84-30  directly or indirectly, owns, controls, holds with the power to
  84-31  vote, or holds proxies representing 10 percent or more of the
  84-32  voting securities of any other person.  This presumption may be
  84-33  rebutted by a showing that control does not exist in fact.
  84-34        SECTION 11.03.  Section 7, Article 9.48, Insurance Code, is
  84-35  amended by adding Subsection (g) to read as follows:
  84-36        (g)  An insurer designated as an impaired insurer by the
  84-37  commissioner is exempt from assessment from and after the date of
  84-38  designation and until the commissioner determines that the insurer
  84-39  is no longer an impaired insurer.
  84-40        SECTION 11.04.  Sections 7A and 8, Article 9.48, Insurance
  84-41  Code, are amended to read as follows:
  84-42        Sec. 7A.  Purpose of Assessments.  (a)  The amounts provided
  84-43  pursuant to assessments made under this article are considered to
  84-44  be supplemental to the marshaling of assets for the purpose of
  84-45  making payments on behalf of an impaired insurer.
  84-46        (b)  The association may assess its insurers or use funds
  84-47  derived from assessments to pay covered claims before the receiver
  84-48  exhausts the assets of the impaired insurer.
  84-49        Sec. 8.  Penalty for failure to pay assessments.  (a)  The
  84-50  commissioner may suspend or revoke, after notice and hearing, the
  84-51  certificate of authority to transact business in this state of any
  84-52  insurer who fails to pay an assessment when due, and the
  84-53  association shall promptly report the failure to pay to the
  84-54  commissioner.  As an alternative, the commissioner may assess an
  84-55  administrative penalty in accordance with Article 1.10E of this
  84-56  code on any insurer that fails to pay an assessment when due.  The
  84-57  fine may not exceed the greater of five percent of the unpaid
  84-58  assessment per month or $100 per month.
  84-59        (b)  Any insurer whose certificate or authority to do
  84-60  business in this state is cancelled or surrendered shall be liable
  84-61  for any unpaid assessments made prior to the date of such
  84-62  cancellation or surrender.
  84-63        SECTION 11.05.  Section 10, Article 9.48, Insurance Code, is
  84-64  amended by amending Subsections (d) and (e) and by adding
  84-65  Subsection (j) to read as follows:
  84-66        (d)  The association stands in the place of the impaired
  84-67  insurer or agent to the extent of its obligation on the covered
  84-68  claims and, to that extent, has all rights, duties, and obligations
  84-69  of the impaired insurer or agent as if the insurer or agent had not
  84-70  become impaired.  In performing its obligations under this article,
   85-1  the association shall not be considered to be in the business of
   85-2  insurance, shall not be considered to have assumed or succeeded to
   85-3  any liabilities of the impaired insurer or the impaired agent, and
   85-4  shall not be considered to otherwise stand in the shoes of the
   85-5  impaired insurer or the impaired agent for any purpose, including,
   85-6  but not limited to, the issue of whether the association is
   85-7  amenable to the personal jurisdiction of the courts of any other
   85-8  state.
   85-9        (e)  The association shall investigate claims brought against
  85-10  the association, the commissioner, or a special deputy receiver
  85-11  appointed under Article 21.28 of this code if the claims involve or
  85-12  may involve the association's rights and obligations under this
  85-13  article, and shall adjust, compromise, settle, and pay covered
  85-14  claims to the extent of the association's obligation, and deny all
  85-15  other claims.  The association may review settlements, releases,
  85-16  and judgments to which the impaired insurer or agent or its
  85-17  insureds were parties to determine the extent to which the
  85-18  settlements, releases, and judgments are contested.
  85-19        (j)  Funds advanced by the association under this article do
  85-20  not become assets of the impaired insurer or the impaired agent but
  85-21  are considered special fund loans to the impaired insurer or the
  85-22  impaired agent for payment of covered claims.  That loan is
  85-23  repayable to the extent available from the funds of the impaired
  85-24  insurer or the impaired agent.
  85-25        SECTION 11.06.  Section 11, Article 9.48, Insurance Code, is
  85-26  amended to read as follows:
  85-27        Sec. 11.  Approval of covered claims.  (a)  Funds received
  85-28  from assessments or from guaranty fees shall be liable only for the
  85-29  difference between the amount of the covered claims and the amount
  85-30  of the assets marshalled by the receiver for payment to holders of
  85-31  covered claims.   In ancillary receiverships in this state, funds
  85-32  received from assessments shall be liable only for the difference
  85-33  between the amount of the covered claims and the amount of assets
  85-34  marshalled by the receivers in other states for application to
  85-35  payment of covered claims within this state.
  85-36        (b)  If a conservator is appointed to handle the affairs of
  85-37  an impaired insurer or agent, the conservator shall determine
  85-38  whether or not covered claims should or can be provided for in
  85-39  whole or in part by reinsurance, assumption, or substitution.  Upon
  85-40  determination by the conservator that actual payment of covered
  85-41  claims should be made, the conservator shall give notice of such
  85-42  determination to claimants falling within the class of "covered
  85-43  claims."  The conservator shall mail such notice to the latest
  85-44  address reflected in the records of the impaired insurer or agent.
  85-45  If the records of the impaired insurer or agent do not reflect the
  85-46  address of a claimant, the conservator may give notice by
  85-47  publication in a newspaper of general circulation.  Such notice
  85-48  shall state the time within which the claimant must file his claim
  85-49  with the conservator, which time shall in no event be less than 90
  85-50  days from the date of the mailing or publication of such notice.
  85-51  The conservator may require, in whole or in part, that sworn claim
  85-52  forms be filed and may require that additional information or
  85-53  evidence be filed as may be reasonably necessary for the
  85-54  conservator to determine the legality or the amount due under a
  85-55  covered claim.  When an impaired insurer or agent has been placed
  85-56  in conservatorship, the funds received from assessments or from
  85-57  guaranty fees shall be liable only for the difference between the
  85-58  amount of the covered claim approved by the conservator and the
  85-59  amount of assets marshalled by the conservator for payment to
  85-60  holders of covered claims.
  85-61        (c)  Upon determination by the conservator that actual
  85-62  payment of covered claims should be made or upon order of the court
  85-63  to the receiver to give notice for the filing of claims, any person
  85-64  who has a cause of action against an insured of the impaired
  85-65  insurer under a title insurance policy issued or assumed by such
  85-66  insurer shall, if such cause of action meets the definition of
  85-67  "covered claim," have the right to file a claim with the receiver
  85-68  or the conservator, regardless of the fact that such claim may be
  85-69  unliquidated or undetermined, and such claim may be approved as a
  85-70  "covered claim" (1) if it may be reasonably inferred from the proof
   86-1  presented upon such claim that such person would be able to obtain
   86-2  a judgment upon such cause of action against such insured; and (2)
   86-3  if such person shall furnish suitable proof that no further valid
   86-4  claims against such insurer arising out of his cause of action
   86-5  other than those already presented can be made; and (3) if the
   86-6  total liability of such insurer to all claimants arising from the
   86-7  same title insurance policy shall be no greater than its total
   86-8  liability would be were it not in liquidation, rehabilitation, or
   86-9  conservation.  In the proceedings of considering "covered claims,"
  86-10  no judgment against an insured taken after the date of the
  86-11  commencement of the delinquency proceedings or the appointment of a
  86-12  conservator shall be considered as evidence of liability, or of the
  86-13  amount of damages, and no judgment <against an insured> taken by
  86-14  default or consent against an insured or the impaired insurer and
  86-15  any settlement, release, or judgment entered into by the insured or
  86-16  the impaired insurer may not be considered to be binding on the
  86-17  association and may not <by collusion prior to the commencement of
  86-18  the delinquency proceedings or the appointment of a conservator
  86-19  shall> be considered as <conclusive> evidence <either (1)> of the
  86-20  liability <of such insured to such person upon such cause of
  86-21  action,> or <(2) of the amount> of damages in connection with any
  86-22  claim brought against the association or any other party under this
  86-23  article <to which such person is therein entitled>.
  86-24        (d)  The acceptance of payment from the association by the
  86-25  holder of a covered claim or the acceptance of the benefits of
  86-26  contracts by the association providing for reinsurance or
  86-27  assumption of liabilities or for substitution shall constitute an
  86-28  assignment to the association of any cause of action or right of
  86-29  the holder of such covered claim arising from the occurrence upon
  86-30  which the covered claim is based.  Such assignment shall be to the
  86-31  extent of the amount accepted or the value of the benefits provided
  86-32  by such contracts of reinsurance or assumption of liabilities or
  86-33  substitution.  Such assignment to the association may be assigned
  86-34  to the insurer executing such reinsurance, assumption or
  86-35  substitution agreement.
  86-36        (e)  The receiver or statutory successor of an impaired
  86-37  insurer is bound by settlements of covered claims by the
  86-38  association.  The court having jurisdiction shall grant those
  86-39  claims priority equal to that to which the claimant would have been
  86-40  entitled in the absence of this article against the assets of the
  86-41  impaired insurer.  The expenses of the association in handling
  86-42  claims shall be accorded the same priority as the receiver's
  86-43  expenses.
  86-44        (f)  The association shall file periodically with the
  86-45  receiver of the impaired insurer statements of the covered claims
  86-46  paid by the association and estimates of anticipated claims on the
  86-47  association that shall preserve the rights of the association
  86-48  against the assets of the impaired insurer.
  86-49        SECTION 11.07.  Section 14, Article 9.48, Insurance Code, is
  86-50  amended by amending Subsection (c) and by adding Subsection (g) to
  86-51  read as follows:
  86-52        (c)  Powers and duties of association.  In addition to the
  86-53  powers and duties provided by other sections of this article, the
  86-54  association:
  86-55              (1)  may render assistance and advice to the
  86-56  commissioner, upon his request, concerning rehabilitation, payment
  86-57  of claims, continuations of coverage, or the performance of other
  86-58  contractual obligations of any impaired insurer or agent;
  86-59              (2)  has standing to appear before any court in this
  86-60  state with jurisdiction over an impaired insurer or agent
  86-61  concerning which the association is or may become obligated under
  86-62  this article;
  86-63              (3)  Each director of the association shall file a
  86-64  financial statement with the Texas Ethics Commission <secretary of
  86-65  state> in accordance with Sections 3 and 4, Chapter 421, Acts of
  86-66  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
  86-67  Vernon's Texas Civil Statutes).
  86-68              (4)  may borrow funds as necessary to implement this
  86-69  article in accordance with the plan of operation;
  86-70              (5)  may lend money to an impaired insurer;
   87-1              (6)  sue or be sued, including taking any legal actions
   87-2  necessary or proper for recovery of any unpaid assessments;
   87-3              (7)  may enter into contracts as necessary or proper to
   87-4  implement this article;
   87-5              (8) <(5)>  may employ or retain such persons who are
   87-6  necessary to handle the financial transactions of the association,
   87-7  and to perform any other functions that become necessary or proper
   87-8  under this article;
   87-9              (9)  may ensure payment of the policy obligations of an
  87-10  impaired insurer;
  87-11              (10) <(6)>  may negotiate and contract with any
  87-12  liquidator, rehabilitator, conservator, receiver, or ancillary
  87-13  receiver to carry out the powers and duties of the association;
  87-14              (11)  may guarantee, assume, or reinsure, or cause to
  87-15  be guaranteed, assumed, or reinsured, a policy or contract of an
  87-16  impaired insurer;
  87-17              (12) <(7)>  may take legal action as necessary to avoid
  87-18  the payment of improper claims, or to settle claims or potential
  87-19  claims against the impaired insurer or association;
  87-20              (13) <(8)>  shall, on the request of the commissioner,
  87-21  authorize the expenditure of funds from the guaranty fee account to
  87-22  retain, compensate, and reimburse for reasonable and necessary
  87-23  expenses, a person or persons who will audit and review agent and
  87-24  insurer escrow and trust accounts and make reports relating to
  87-25  those accounts to the commissioner, solely under the direction of
  87-26  and as assigned by the commissioner; <and>
  87-27              (14) <(9)>  shall collect, receive, retain, and
  87-28  disburse the income provided by Section 6 of this article solely
  87-29  for the purposes, to the persons, and under the circumstances that
  87-30  are specifically stated in this article; and
  87-31              (15)  may perform other acts as necessary or proper to
  87-32  implement this article.
  87-33        (g)  Notwithstanding Chapter 271, Acts of the 60th
  87-34  Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
  87-35  Civil Statutes), the board may hold an open meeting by telephone
  87-36  conference call if immediate action is required and the convening
  87-37  at one location of a quorum of the board is not reasonable or
  87-38  practical.  The meeting is subject to the notice requirements
  87-39  applicable to other meetings.  The notice of the meeting must
  87-40  specify as the location of the meeting the location at which
  87-41  meetings of the board are usually held.  Each part of the meeting
  87-42  that is required to be open to the public shall be audible to the
  87-43  public at the location specified in the notice of the meeting as
  87-44  the location of the meeting and shall be tape recorded.  The tape
  87-45  recording shall be made available to the public for 30 days after
  87-46  the meeting date.
  87-47        SECTION 11.08.  Article 9.48, Insurance Code, is amended by
  87-48  adding Section 15A to read as follows:
  87-49        Sec. 15A.  DUTIES AND POWERS OF COMMISSIONER.  (a)  The
  87-50  commissioner shall notify the association of the existence of an
  87-51  impaired insurer not later than the third day after the date on
  87-52  which the commissioner gives notice of the designation of
  87-53  impairment.  The association is entitled to a copy of any complaint
  87-54  seeking an order of receivership with a finding of insolvency
  87-55  against an insurer at the same time that the complaint is filed
  87-56  with a court of competent jurisdiction.
  87-57        (b)  The commissioner shall notify the board when the
  87-58  commissioner receives a report from the commissioner of insurance
  87-59  or other analogous officer of another state that indicates that an
  87-60  insurer has been designated impaired in another state.  The report
  87-61  to the board must contain all significant details of the action
  87-62  taken or the report received from the other commissioner or
  87-63  analogous officer.
  87-64        (c)  The commissioner shall report to the board when the
  87-65  commissioner has reasonable cause to believe from any examination,
  87-66  whether completed or in process, of any insurer that the insurer
  87-67  may be an impaired insurer.  The board may use this information in
  87-68  carrying out its duties and responsibilities under this article.
  87-69  The board shall keep the report and the information contained in
  87-70  the report confidential until it is made public by the commissioner
   88-1  or other lawful authority.
   88-2        (d)  On the request of the board, the commissioner shall
   88-3  provide the association with a statement of the net direct written
   88-4  premiums of each insurer.
   88-5        (e)  The commissioner may require that the association notify
   88-6  the insureds of the impaired insurer and any other interested
   88-7  parties of the designation of impairment and of their rights under
   88-8  this article.  Notification by publication in a newspaper of
   88-9  general circulation is sufficient notice under this section.
  88-10        SECTION 11.09.  Section 17(a), Article 9.48, Insurance Code,
  88-11  is amended to read as follows:
  88-12        (a)  There shall be no liability on the part of and no cause
  88-13  of action of any nature shall arise against any member insurer of
  88-14  the association or its agents or employees, the association or its
  88-15  agents or employees, members of the association's board of
  88-16  directors, the receiver, a special deputy receiver or its agents or
  88-17  employees, or the commissioner or his representatives for any good
  88-18  faith action or omission in the performance of their powers and
  88-19  duties under this article.
  88-20        SECTION 11.10.  Sections 20(c) and (d), Article 9.48,
  88-21  Insurance Code, are amended to read as follows:
  88-22        (c)  If an insurer is appealing an assessment, the amount
  88-23  assessed shall be paid to the association and shall be available to
  88-24  meet association obligations during the pendency of an appeal.  If
  88-25  the appeal on the assessment is upheld, the amount paid in error or
  88-26  excess shall be returned to the insurer.  <The liability of the
  88-27  appealing insurer for an assessment shall be suspended pending
  88-28  appeal by such insurer contesting the amount or legality of such
  88-29  assessment.>
  88-30        (d)  Venue in a suit <against the association> relating to
  88-31  any action or ruling <of the association> made under this article
  88-32  is in Travis County.   Either party to the action may appeal to the
  88-33  appellate court having jurisdiction over the cause.  The appeal
  88-34  shall be at once returnable to the appellate court having
  88-35  jurisdiction over the cause, and the action so appealed shall have
  88-36  precedence in the appellate court over all cases of a different
  88-37  character pending before the court.  The commissioner and
  88-38  association are <is> not required to give an appeal bond in an
  88-39  appeal of a cause of action arising under this article.
  88-40        SECTION 11.11.  Article 9.48, Insurance Code, is amended by
  88-41  adding Section 23 to read as follows:
  88-42        Sec. 23.  MISCELLANEOUS PROVISIONS.  (a)  The association
  88-43  shall maintain records of all negotiations and meetings in which
  88-44  the association or its representatives discuss the activities of
  88-45  the association in carrying out its powers and duties under this
  88-46  article.  Records of the negotiations or meetings may be made
  88-47  public only on the termination of a liquidation, rehabilitation, or
  88-48  conservation proceeding involving the impaired or insolvent
  88-49  insurer, on the termination of the impairment or insolvency of the
  88-50  insurer, or on the order of a court of competent jurisdiction.
  88-51  This subsection does not limit the duty of the association to
  88-52  report on its activities under Section 14 of this article.
  88-53        (b)  To carry out its obligations under this article,  the
  88-54  association is considered a creditor of the impaired or insolvent
  88-55  insurer to the extent of assets attributable to covered policies,
  88-56  reduced by any amounts that the association recovers as a subrogee
  88-57  under this article.  Assets of the impaired or insolvent insurer
  88-58  attributable to covered policies shall be used to continue all
  88-59  covered policies and pay all contractual obligations of the
  88-60  impaired or insolvent insurer as required by this article.  For
  88-61  purposes of this subsection, assets attributable to covered
  88-62  policies are that proportion of the assets that the reserves that
  88-63  should have been established for the covered policies bear to the
  88-64  reserves that should have been established for all policies of
  88-65  insurance written by the impaired or insolvent insurer.
  88-66        (c)  A distribution to stockholders of an impaired or
  88-67  insolvent insurer may not be made until the total amount of valid
  88-68  claims of the association for funds expended in carrying out its
  88-69  powers and duties under this article with respect to the insurer
  88-70  have been recovered with interest by the association.
   89-1        (d)  If an order of receivership of an insurer domiciled in
   89-2  this state has been entered, the receiver appointed under the order
   89-3  may recover on behalf of the insurer, from any affiliate that
   89-4  controlled it, the amount of distributions, other than stock
   89-5  dividends paid by the insurer on its capital stock, made at any
   89-6  time during the five years preceding the petition for liquidation
   89-7  or rehabilitation, subject to the limitations imposed under
   89-8  Subsections (e), (f), and (g) of this section.
   89-9        (e)  A distribution to stockholders is not recoverable under
  89-10  Subsection (d) of this section if the insurer shows that the
  89-11  distribution was lawful and reasonable as of the date of payment,
  89-12  and that the insurer did not know and could not reasonably have
  89-13  known that the distribution might adversely affect the ability of
  89-14  the insurer to fulfill its contractual obligations.
  89-15        (f)  A person that was an affiliate that controlled the
  89-16  insurer at the time distributions subject to Subsection (d) of this
  89-17  section were paid is liable for the amount of distributions
  89-18  received.  A person that was an affiliate that controlled the
  89-19  insurer at the time the distributions were declared is liable for
  89-20  the amount of distributions the person would have received if they
  89-21  had been paid immediately.  If two or more persons are liable with
  89-22  respect to the same distributions, those persons are jointly and
  89-23  severally liable.
  89-24        (g)  The maximum amount recoverable under Subsections (d) and
  89-25  (f) of this section is the amount needed in excess of all other
  89-26  available assets of the insolvent insurer to pay the contractual
  89-27  obligations of the insolvent insurer.
  89-28        (h)  If a person liable under Subsection (f) of this section
  89-29  is insolvent, all of its affiliates that controlled it at the time
  89-30  the distribution was paid are jointly and severally liable for any
  89-31  resulting deficiency in the amount recovered from the insolvent
  89-32  affiliate.
  89-33        (i)  An impaired insurer placed in conservatorship or
  89-34  receivership for which assessments have been made under this
  89-35  article, or for which association funds have been provided, may
  89-36  not, on release from conservatorship or receivership, issue new or
  89-37  renewal insurance policies until the insurer has repaid in full the
  89-38  amount of guaranty fees furnished by the association.  The
  89-39  commissioner may permit, on application of the association and
  89-40  after hearing, the issuance of new policies in accordance with a
  89-41  plan of operation by the released insurer for repayment.  The
  89-42  commissioner, in approving the plan, may place restrictions on the
  89-43  issuance of new or renewal policies as necessary for the
  89-44  implementation of the plan.  The commissioner shall give notice of
  89-45  a hearing under this subsection to the association not later than
  89-46  the 11th day before the date on which the hearing is scheduled.
  89-47  The association and member insurers that paid assessments in
  89-48  relation to the impaired insurer are entitled to appear at and
  89-49  participate in the hearing.  Money recovered by the association
  89-50  under this subsection shall be repaid to the member insurers that
  89-51  paid assessments in relation to the impaired insurer on return of
  89-52  the appropriate certificate of contribution.
  89-53          ARTICLE 12.  REGULATION OF CERTAIN LICENSE HOLDERS
  89-54        SECTION 12.01.  Subchapter A, Chapter 21, Insurance Code, is
  89-55  amended by adding Article 21.01-2 to read as follows:
  89-56        Art. 21.01-2.  GENERAL PROVISIONS APPLICABLE TO CERTAIN
  89-57  LICENSE HOLDERS
  89-58        Sec. 1.  APPLICATION.  Except as otherwise provided by this
  89-59  article, this article applies to licensing of persons under:
  89-60              (1)  Section 4, Article 1.14-2, Insurance Code;
  89-61              (2)  Section 7, Article 3.75, Insurance Code;
  89-62              (3)  Article 9.36, 9.42, or 9.43, Insurance Code;
  89-63              (4)  Section 6, Article 9.56, Insurance Code;
  89-64              (5)  Section 15 or 15A, Texas Health Maintenance
  89-65  Organization Act (Section 20A.15 or 20A.15A, Vernon's Texas
  89-66  Insurance Code);
  89-67              (6)  Article 21.07, Insurance Code;
  89-68              (7)  Chapter 213, Acts of the 54th Legislature, Regular
  89-69  Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
  89-70              (8)  Chapter 29, Acts of the 54th Legislature, Regular
   90-1  Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
   90-2              (9)  the Managing General Agents' Licensing Act
   90-3  (Article 21.07-3, Vernon's Texas Insurance Code);
   90-4              (10)  Chapter 407, Acts of the 63rd Legislature,
   90-5  Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
   90-6  Code);
   90-7              (11)  Article 21.07-6, Insurance Code;
   90-8              (12)  Article 21.07-7, Insurance Code;
   90-9              (13)  Article 21.09, Insurance Code;
  90-10              (14)  Article 21.11, Insurance Code;
  90-11              (15)  Article 21.14, Insurance Code;
  90-12              (16)  Article 21.14-1, Insurance Code;
  90-13              (17)  Article 21.14-2, Insurance Code; or
  90-14              (18)  Article 23.23, Insurance Code.
  90-15        Sec. 2.  RENEWAL OF LICENSES.  (a)  A person may renew an
  90-16  unexpired license by filing a renewal application with the
  90-17  department in the form prescribed by the department and paying to
  90-18  the department before the expiration date of the license the
  90-19  required renewal fee.  A renewal fee paid under this section is
  90-20  nonrefundable.
  90-21        (b)  If a person's license has been expired for 90 days or
  90-22  less, the person may renew the license by filing a renewal
  90-23  application with the department in the form prescribed by the
  90-24  department and paying to the department the required renewal fee
  90-25  and a fee that is equal to one-half of the license fee, if any, for
  90-26  the license.
  90-27        (c)  If a person's license has been expired for longer than
  90-28  90 days, the person may not renew the license.  The person may
  90-29  obtain a new license by submitting to reexamination, if examination
  90-30  is required for original issuance of the license, and complying
  90-31  with the requirements and procedures for obtaining an original
  90-32  license.  However, the department may renew without reexamination
  90-33  an expired license of a person who was licensed in this state,
  90-34  moved to another state, and is currently licensed and has been in
  90-35  practice in the other state for the two years preceding
  90-36  application.  The person must pay to the department a fee that is
  90-37  equal to the license fee.
  90-38        (d)  At least 30 days before the expiration of a person's
  90-39  license, the department shall send written notice of the impending
  90-40  license expiration to the person at the person's last known address
  90-41  according to the records of the department.
  90-42        (e)  The commissioner by rule may adopt a system under which
  90-43  licenses expire on various dates during a licensing period.  For
  90-44  the licensing period in which the license expiration is changed,
  90-45  license fees shall be prorated on a monthly basis so that each
  90-46  license holder shall pay only that portion of the license fee that
  90-47  is allocable to the number of months during which the license is
  90-48  valid.  On renewal of the license on the new expiration date, the
  90-49  total license renewal fee is payable.  The commissioner shall adopt
  90-50  a system under which a person who holds more than one license may
  90-51  renew all the licenses held in a single process.
  90-52        (f)  This section is not applicable to a license issued under
  90-53  Article 21.07-6 of this code.
  90-54        Sec. 3.  LICENSING BY ENDORSEMENT.  The department may waive
  90-55  any license requirement for an applicant with a valid license from
  90-56  another state having license requirements substantially equivalent
  90-57  to those of this state.
  90-58        Sec. 4.  CONTINUING EDUCATION.  (a)  The department may
  90-59  recognize, prepare, or administer continuing education programs for
  90-60  persons whose licenses are subject to this article.
  90-61        (b)  Except as otherwise provided by this code or another
  90-62  insurance law of this state, participation in continuing education
  90-63  programs is voluntary.
  90-64        Sec. 5.  DISCIPLINE OF LICENSE HOLDERS.  (a)  The department
  90-65  shall refuse to issue an original license, revoke, suspend, or
  90-66  refuse to renew a license, place on probation a person whose
  90-67  license has been suspended, assess an administrative penalty, or
  90-68  reprimand a license holder for a violation of this code, another
  90-69  insurance law of this state, or a rule of the commissioner or the
  90-70  board.  If a license suspension is probated, the commissioner may
   91-1  require the person to:
   91-2              (1)  report regularly to the department on matters that
   91-3  are the basis of the probation;
   91-4              (2)  limit the person's practice to the areas
   91-5  prescribed by the department; or
   91-6              (3)  continue or review professional education until
   91-7  the person attains a degree of skill satisfactory to the
   91-8  commissioner in those areas that are the basis of the probation.
   91-9        (b)  If the department proposes to refuse to issue an
  91-10  original license, or to suspend, revoke, or refuse to renew a
  91-11  license, the person affected is entitled to a hearing conducted by
  91-12  the State Office of Administrative Hearings in accordance with
  91-13  Article 1.33B of this code.  Notice of the hearing shall be
  91-14  provided to the person and to any insurance carrier appearing on
  91-15  the application as desiring that the license be issued.  The
  91-16  commissioner shall prescribe procedures by which all decisions to
  91-17  deny, suspend, or revoke a license, or to refuse to renew a
  91-18  license, are made by or are appealable to the commissioner.
  91-19        Sec. 6.  STATUTORY REFERENCES.  A reference in this article
  91-20  to a statutory provision applies to all reenactments, revisions, or
  91-21  amendments of that provision.
  91-22        SECTION 12.02.  Section 7(f), Article 3.75, Insurance Code,
  91-23  is amended to read as follows:
  91-24        (f)  Licenses which have not expired or which have not been
  91-25  suspended or revoked may be renewed by filing with the State Board
  91-26  of Insurance a completed renewal application and paying the
  91-27  nonrefundable renewal fee set by the board in an amount not to
  91-28  exceed $50 on or before the expiration date of the license in
  91-29  accordance with Article 21.01-2 of this code.  <If a license has
  91-30  been expired for not longer than 90 days, the licensee may renew
  91-31  the license by paying to the board the required nonrefundable
  91-32  renewal fee and a nonrefundable fee that is one-half of the
  91-33  original license fee.  If a license has been expired for more than
  91-34  90 days, the license may not be renewed.  A new license may be
  91-35  obtained by complying with the requirements and procedures for
  91-36  obtaining an original license.  At least 30 days before the
  91-37  expiration of a license, the commissioner shall send written notice
  91-38  of the impending license expiration to the licensee at the
  91-39  licensee's last known address.  This subsection may not be
  91-40  construed to prevent the board from denying or refusing to renew a
  91-41  license under applicable law or rules of the State Board of
  91-42  Insurance.>
  91-43        SECTION 12.03.  Article 21.01-1, Insurance Code, is amended
  91-44  to read as follows:
  91-45        Art. 21.01-1.  Agents' Qualifying Examination <to be
  91-46  Prescribed by the Board>.  (a)  The State Board of Insurance may,
  91-47  at its discretion, accept examinations administered by a testing
  91-48  service as satisfying the examination requirements of persons
  91-49  seeking license as agents, solicitors, counselors, or adjusters
  91-50  under this code.  The State Board of Insurance may negotiate
  91-51  agreements with such testing services to include performance of
  91-52  examination development, test scheduling, examination site
  91-53  arrangements, and test administration, grading, reporting and
  91-54  analysis.  The State Board of Insurance may require such testing
  91-55  services to correspond directly with the applicants with regard to
  91-56  the administration of such examinations and that such testing
  91-57  services collect fees for administering such examinations directly
  91-58  from the applicants.  The State Board of Insurance may stipulate
  91-59  that any agreements with such testing services provide for the
  91-60  administration of examinations in specific locales and at specified
  91-61  frequencies.  The State Board of Insurance shall retain the
  91-62  authority to establish the scope and type of all examinations.
  91-63  Prior to negotiating and making any agreement with any testing
  91-64  service as authorized hereby, the State Board of Insurance shall
  91-65  hold a public hearing thereon in accordance with the provisions of
  91-66  Section 5 of the Administrative Procedure and Texas Register Act
  91-67  (Article 6252-13a, Vernon's Texas Civil Statutes), and shall adopt
  91-68  such rules, regulations, and standards as may be deemed appropriate
  91-69  by the Board to implement the authority granted in this Article.
  91-70        (b)  The commissioner may appoint advisory boards consisting
   92-1  of any of the following persons:  persons holding a license for
   92-2  which the respective examinations are intended, persons who are
   92-3  employed by insurance companies appointing such licensees, persons
   92-4  acting as general agents or managers, persons teaching insurance at
   92-5  an accredited college or university in Texas, persons who are
   92-6  citizens of the State of Texas but who are not of any of the
   92-7  preceding descriptions, or any combination of such persons.  The
   92-8  function of such advisory boards will be to make recommendations to
   92-9  the State Board of Insurance or the testing service with respect to
  92-10  the scope, type, and conduct of such examinations and the times and
  92-11  places within the state where they shall be held.  The members of
  92-12  such advisory boards shall serve without pay but shall be
  92-13  reimbursed for their reasonable expenses in attending meetings of
  92-14  their respective advisory boards.
  92-15        (c)  In the absence of an agreement with a testing service,
  92-16  the State Board of Insurance shall administer any required
  92-17  qualifying examination in accordance with the provisions of the
  92-18  respective statutes governing the issuance of the license sought by
  92-19  the applicant.
  92-20        (d)  Not later than the 30th day after the date on which a
  92-21  licensing examination is administered under this code, the
  92-22  department shall notify each examinee of the results of the
  92-23  examination.  However, if an examination is graded or reviewed by a
  92-24  testing service, the department shall notify examinees of the
  92-25  results of the examination not later than the 14th day after the
  92-26  date on which the department receives the results from the testing
  92-27  service.  If the notice of examination results graded or reviewed
  92-28  by a testing service will be delayed for longer than 90 days after
  92-29  the examination date, the department shall notify the examinee of
  92-30  the reason for the delay before the 90th day.  The department may
  92-31  require a testing service to notify examinees of the results of an
  92-32  examination.
  92-33        (e)  If requested in writing by a person who fails a
  92-34  licensing examination administered under this code, the department
  92-35  shall furnish the person with an analysis of the person's
  92-36  performance on the examination.
  92-37        SECTION 12.04.  Sections 4(c) and (d), Article 1.14-2,
  92-38  Insurance Code, are amended to read as follows:
  92-39        (c)  Unless the State Board of Insurance adopts a system for
  92-40  staggered renewal of licenses, as provided by Article 21.01-2 of
  92-41  this code <this section>, each license issued under this section is
  92-42  for a two-year term that expires on December 31; however, the term
  92-43  of the initial licensing period shall expire on December 31 of the
  92-44  year following the year in which the license is issued.  A license
  92-45  may be renewed for periods of two years.
  92-46        (d)  By filing a completed written application in the form
  92-47  prescribed by the State Board of Insurance and paying the
  92-48  nonrefundable renewal fee set by the board in an amount not to
  92-49  exceed $50, an unexpired license may be renewed on or before the
  92-50  expiration date of the license.  <If a license has been expired for
  92-51  not longer than 90 days, the licensee may renew the license by
  92-52  filing a completed written application for renewal and by paying to
  92-53  the board the required nonrefundable renewal fee and a
  92-54  nonrefundable fee that is one-half of the original fee for the
  92-55  license.  If a license has been expired for more than 90 days, the
  92-56  license may not be renewed.  A new license may be obtained by
  92-57  complying with the requirements and procedures for obtaining an
  92-58  original license.  This subsection may not be construed to prevent
  92-59  the board from denying or refusing to renew a license under
  92-60  applicable law or rules of the State Board of Insurance.>
  92-61        SECTION 12.05.  Section 2(b), Article 9.36, Insurance Code,
  92-62  is amended to read as follows:
  92-63        (b)  Unless a staggered renewal system is adopted under
  92-64  Article 21.01-2 of this code and its subsequent amendments <Section
  92-65  5 of this article>, a license shall continue in force until June 1
  92-66  after the second anniversary of the date on which the license was
  92-67  issued unless previously cancelled.
  92-68        SECTION 12.06.  Sections B and E, Article 9.37, Insurance
  92-69  Code, are amended to read as follows:
  92-70        B.  The department may discipline <license of> any agent or
   93-1  direct operation or deny an application under Section 5, Article
   93-2  21.01-2, of this code and its subsequent amendments <may be denied,
   93-3  or a license duly issued may be suspended or revoked or a renewal
   93-4  thereof refused by the Board,> if<, after notice and hearing as
   93-5  hereafter provided,> it finds that the applicant for or holder of
   93-6  such license:
   93-7              (1)  Has wilfully violated any provision of this Act;
   93-8  <or>
   93-9              (2)  Has intentionally made a material misstatement in
  93-10  the application for such license; <or>
  93-11              (3)  Has obtained, or attempted to obtain, such license
  93-12  by fraud or misrepresentation; <or>
  93-13              (4)  Has misappropriated or converted to his own use or
  93-14  illegally withheld money belonging to a title insurance company, an
  93-15  insured or any other person; <or>
  93-16              (5)  <Has otherwise demonstrated lack of
  93-17  trustworthiness or competence to act as an agent or direct
  93-18  operation; or>
  93-19              <(6)>  Has been guilty of fraudulent or dishonest
  93-20  practices; <or>
  93-21              (6) <(7)>  Has materially misrepresented the terms and
  93-22  conditions of title insurance policies or contracts; or
  93-23              (7) <(8)  Is not of good character or reputation; or>
  93-24              <(9)>  Has failed to maintain a separate and distinct
  93-25  accounting of escrow funds, and has failed to maintain an escrow
  93-26  bank account or accounts separate and apart from all other
  93-27  accounts.
  93-28        E.  A disciplinary action or denial of an application under
  93-29  this article may be appealed under Article 1.04 of this code and
  93-30  its subsequent amendments <If the Board shall refuse an application
  93-31  for any license provided for in this Act, or shall suspend, revoke
  93-32  or refuse to renew any such license at said hearing, then any such
  93-33  applicant or licensee, and any title insurance company or companies
  93-34  concerned, may appeal from said order by filing suit against the
  93-35  Board as defendant in any of the District Courts of Travis County,
  93-36  Texas, and not elsewhere, within twenty (20) days from the date of
  93-37  the order of said Board.  The action shall not be limited to
  93-38  questions of law and shall be tried and determined upon a trial de
  93-39  novo to the same extent as now provided for in the case of an
  93-40  appeal from the justice court to the county court.  Any party to
  93-41  said action may appeal to the appellate court having jurisdiction
  93-42  of said cause, and said appeal shall be at once returnable to said
  93-43  appellate court having jurisdiction of said cause and said action
  93-44  so appealed shall have precedence in said appellate court over all
  93-45  causes of a different character therein pending.  The Board shall
  93-46  not be required to give any appeal bond in any cause arising
  93-47  hereunder>.
  93-48        SECTION 12.07.  Section 1(b), Article 9.42, Insurance Code,
  93-49  is amended to read as follows:
  93-50        (b)  Unless a system of staggered renewal is adopted under
  93-51  Article 21.01-2 of this code and its subsequent amendments <Section
  93-52  2 of this article>, a license shall continue in force until the
  93-53  second June 1 after its issuance, unless previously cancelled.
  93-54  Provided, however, that if any title insurance agent or direct
  93-55  operation surrenders its license or has its license revoked by the
  93-56  Board, all existing licenses of its escrow officers shall
  93-57  automatically terminate without notice.
  93-58        SECTION 12.08.  Section B, Article 9.43, Insurance Code, is
  93-59  amended to read as follows:
  93-60        B.  Such application shall contain the following:
  93-61              (1)  that the proposed escrow officer is a natural
  93-62  person, a bona fide resident of the State of Texas, and either an
  93-63  attorney or a bona fide employee of an attorney licensed as an
  93-64  escrow officer, a bona fide employee of a title insurance agent, or
  93-65  a bona fide employee of a direct operation;
  93-66              (2)  that the proposed escrow officer has reasonable
  93-67  experience or instruction in the field of title insurance; and
  93-68              (3)  that <the proposed escrow officer is known to the
  93-69  direct operation or title insurance agent to have a good business
  93-70  reputation and is worthy of the public trust and> the direct
   94-1  operation or title insurance agent knows of no fact or condition
   94-2  which would disqualify the proposed escrow officer from receiving a
   94-3  license.
   94-4        SECTION 12.09.  Sections 2 and 5, Article 9.44, Insurance
   94-5  Code, are amended to read as follows:
   94-6        Sec. 2.  The department may discipline an <license of any>
   94-7  escrow officer or deny an application under Section 5, Article
   94-8  21.01-2, of this code and its subsequent amendments <may be denied,
   94-9  or a license duly issued may be suspended or revoked or a renewal
  94-10  thereof refused by the Board,> if<, after notice and hearing as
  94-11  hereafter provided,> it finds that the applicant for or holder of
  94-12  such license:
  94-13              (1)  has wilfully violated any provision of this Act;
  94-14              (2)  has intentionally made a material misstatement in
  94-15  the application for such license;
  94-16              (3)  has obtained, or attempted to obtain, such license
  94-17  by fraud or misrepresentation;
  94-18              (4)  has misappropriated or converted to the escrow
  94-19  officer's own use or illegally withheld money belonging to a direct
  94-20  operation, title insurance agent, or any other person;
  94-21              (5)  <has otherwise demonstrated lack of
  94-22  trustworthiness or competence to act as escrow officer;>
  94-23              <(6)>  has been guilty of fraudulent or dishonest
  94-24  practices;
  94-25              (6) <(7)>  has materially misrepresented the terms and
  94-26  conditions of title insurance policies or contracts;
  94-27              <(8)  is not of good character or reputation;> or
  94-28              (7) <(9)>  has failed to complete all educational
  94-29  requirements.
  94-30        Sec. 5.  A disciplinary action or denial of an application
  94-31  under this article may be appealed under Article 1.04 of this code
  94-32  and its subsequent amendments <If the Board shall refuse an
  94-33  application for any license provided for in this Article, or shall
  94-34  suspend, revoke or refuse to renew any such license at said
  94-35  hearing, then any such applicant may appeal from said order by
  94-36  filing suit against the Board as defendant in any of the District
  94-37  Courts of Travis County, Texas, and not elsewhere, within twenty
  94-38  (20) days from the date of the order of said Board.  The action
  94-39  shall not be limited to questions of law and shall be tried and
  94-40  determined upon a trial de novo to the same extent as now provided
  94-41  for in the case of an appeal from the justice court to the county
  94-42  court.  Either party to said action may appeal to the appellate
  94-43  court having jurisdiction of said cause, and said appeal shall be
  94-44  at once returnable to said appellate court having jurisdiction of
  94-45  said cause and said action so appealed shall have precedence in
  94-46  said appellate court over all causes of a different character
  94-47  therein pending.  The Board shall not be required to give any
  94-48  appeal bond in any cause arising hereunder>.
  94-49        SECTION 12.10.  Section 6(b), Article 9.56, Insurance Code,
  94-50  is amended to read as follows:
  94-51        (b)  Unless a system of staggered renewal is adopted under
  94-52  Article 21.01-2 of this code and its subsequent amendments
  94-53  <Subsection (d) of this section>, on or before the first day of
  94-54  June of each year, every attorney's title insurance company
  94-55  operating under the provisions of this Chapter 9 shall certify to
  94-56  the board, on forms provided by the board, the names and addresses
  94-57  of every title attorney of said attorney's title insurance company,
  94-58  and shall apply for and pay a fee in an amount not to exceed $50 as
  94-59  determined by the board for an annual license in the name of each
  94-60  title attorney included in said list; if any such attorney's title
  94-61  insurance company shall terminate any licensed title attorney, it
  94-62  shall immediately notify the board in writing of such act and
  94-63  request cancellation of such license, notifying the title attorney
  94-64  of such action.  No such attorney's title insurance company shall
  94-65  permit any title attorney appointed by it to write, sign, or
  94-66  deliver title insurance policies within the state until the
  94-67  foregoing conditions have been complied with, and the board has
  94-68  granted said license.  The board shall deliver such license to the
  94-69  attorney's title insurance company for transmittal to the title
  94-70  attorney.
   95-1        Unless a system of staggered renewal is adopted under Article
   95-2  21.01-2 of this code and its subsequent amendments <Subsection (d)
   95-3  of this section>, licenses shall continue until the first day of
   95-4  the next June unless previously cancelled; provided, however, that
   95-5  if any attorney's title insurance company surrenders or has its
   95-6  certificate of authority revoked by the board, all existing
   95-7  licenses of its title attorneys shall automatically terminate
   95-8  without notice.
   95-9        The board shall keep a record of the names and addresses of
  95-10  all licensed title attorneys in such manner that the title
  95-11  attorneys appointed by any attorney's title insurance company
  95-12  authorized to transact the business of an attorney's title
  95-13  insurance company within the State of Texas may be conveniently
  95-14  ascertained and inspected by any person upon request.
  95-15        SECTION 12.11.  Sections 8(b) and (e), Article 9.56,
  95-16  Insurance Code, are amended to read as follows:
  95-17        (b)  The department may discipline a <license of any> title
  95-18  attorney or deny an application under Section 5, Article 21.01-2,
  95-19  of this code and its subsequent amendments <may be denied, or a
  95-20  license duly issued may be suspended or revoked or a renewal
  95-21  thereof refused by the board,> if<, after notice and hearing as
  95-22  hereafter provided,> it finds that the applicant for or holder of
  95-23  such license:
  95-24              (1)  has wilfully violated any provision of this
  95-25  Chapter 9; <or>
  95-26              (2)  has intentionally made a material misstatement in
  95-27  the application for such license; <or>
  95-28              (3)  has obtained, or attempted to obtain, such license
  95-29  by fraud or misrepresentation; <or>
  95-30              (4)  has misappropriated or converted to his own use or
  95-31  illegally withheld money belonging to an attorney's title insurance
  95-32  company, an insured, or any other person; <or>
  95-33              (5)  <has otherwise demonstrated lack of
  95-34  trustworthiness or competence to act as a title attorney; or>
  95-35              <(6)>  has been guilty of fraudulent or dishonest
  95-36  practices; <or>
  95-37              (6) <(7)>  has materially misrepresented the terms and
  95-38  conditions of title insurance policies or contracts; <or>
  95-39              <(8)  is not of good character or reputation; or>
  95-40              (7) <(9)>  has failed to maintain a separate and
  95-41  distinct accounting of escrow funds, and has failed to maintain an
  95-42  escrow bank account or accounts separate and apart from all other
  95-43  accounts; <or>
  95-44              (8) <(10)>  has failed to remain a member of the State
  95-45  Bar of Texas, or has been disbarred; or
  95-46              (9) <(11)>  is no longer actively engaged in the
  95-47  practice of law.
  95-48        (e)  A disciplinary action or denial of an application under
  95-49  this article may be appealed under Article 1.04 of this code and
  95-50  its subsequent amendments <If the board shall refuse an application
  95-51  for any license provided for in this Act, or shall suspend, revoke,
  95-52  or refuse to renew any such license at said hearing, then any such
  95-53  applicant or licensee, and any attorney's title insurance company
  95-54  concerned, may appeal from said order by filing suit against the
  95-55  board as defendant in any of the district courts of Travis County,
  95-56  Texas, and not elsewhere, within 20 days from the date of the order
  95-57  of said board.  The action shall not be limited to questions of law
  95-58  and shall be tried and determined upon a trial de novo to the same
  95-59  extent as now provided for in the case of an appeal from the
  95-60  justice court to the county court.  Any party to said action may
  95-61  appeal to the appellate court having jurisdiction of said cause,
  95-62  and said appeal shall be at once returnable to said appellate court
  95-63  having jurisdiction of said cause and said action so appealed shall
  95-64  have precedence in said appellate court over all causes of a
  95-65  different character therein pending.  The board shall not be
  95-66  required to give any appeal bond in any cause arising hereunder>.
  95-67        SECTION 12.12.  Chapter 10, Insurance Code, is amended by
  95-68  adding Article 10.37-2 to read as follows:
  95-69        Art. 10.37-2.  CERTAIN PERSONS MAY NOT SOLICIT.  A fraternal
  95-70  benefit society may not employ or otherwise retain a person to
   96-1  solicit business if that person has had a license revoked under
   96-2  Articles 21.07 or 21.14, Insurance Code, or under Chapter 213, Acts
   96-3  of the 54th Legislature, Regular Session, 1955 (Article 21.07-1,
   96-4  Vernon's Texas Insurance Code).
   96-5        SECTION 12.13.  Section 15(c), Texas Health Maintenance
   96-6  Organization Act (Section 20A.15, Vernon's Texas Insurance Code),
   96-7  is amended to read as follows:
   96-8        (c)  Except as may be provided by a staggered renewal system
   96-9  adopted under Article 21.01-2, Insurance Code, and its subsequent
  96-10  amendments <Subsection (i) of this section>, each license issued to
  96-11  a health maintenance organization agent shall expire two years
  96-12  following the date of issue, unless prior thereto it is suspended
  96-13  or revoked by the commissioner or the authority of the agent to act
  96-14  for the health maintenance organization is terminated.
  96-15        SECTION 12.14.  Sections 15A(c) and (i), Texas Health
  96-16  Maintenance Organization Act (Section 20A.15A, Vernon's Texas
  96-17  Insurance Code), are amended to read as follows:
  96-18        (c)  Except as may be provided by a staggered renewal system
  96-19  adopted under Article 21.01-2, Insurance Code, and its subsequent
  96-20  amendments <Section 15(i) of this Act>, each license issued to a
  96-21  health maintenance organization agent under this section shall
  96-22  expire two years following the date of issuance, unless before that
  96-23  time the license is suspended or revoked by the commissioner or the
  96-24  authority of the agent to act for the health maintenance
  96-25  organization is terminated.
  96-26        (i)  A licensee may renew an unexpired license issued under
  96-27  this section by filing the required renewal application and paying
  96-28  a nonrefundable fee with the State Board of Insurance on or before
  96-29  the expiration date of the license.  <If a license has been expired
  96-30  for not longer than 90 days, the licensee may renew the license by
  96-31  filing a completed application and paying to the State Board of
  96-32  Insurance the required nonrefundable renewal fee and a
  96-33  nonrefundable fee that is one-half of the original license fee.  If
  96-34  a license has been expired for more than 90 days, the license may
  96-35  not be renewed.  A new license may be obtained by complying with
  96-36  the requirements and procedures for obtaining an original license.
  96-37  At least 30 days before the expiration of a license, the
  96-38  commissioner shall send written notice of the impending license
  96-39  expiration to the licensee at the licensee's last known address.
  96-40  This section does not prevent the State Board of Insurance from
  96-41  denying or refusing to renew a license under applicable law or
  96-42  rules.>
  96-43        SECTION 12.15.  Article 21.06, Insurance Code, is amended to
  96-44  read as follows:
  96-45        Art. 21.06.  Certificates for Agents.  Each such foreign
  96-46  insurance company shall, by resolution of its board of directors,
  96-47  designate some officer or agent who is empowered to appoint or
  96-48  employ its agents or solicitors in this State, and such officer or
  96-49  agent shall promptly notify the Board in writing of the name, title
  96-50  and address of each person so appointed or employed.  Upon receipt
  96-51  of this notice, <if such person is of good reputation and
  96-52  character,> the Board shall issue to him a certificate which shall
  96-53  include a copy of the certificate of authority authorizing the
  96-54  company requesting it to do business in this State, and the name
  96-55  and title of the person to whom the certificate is issued.  Such
  96-56  certificate, unless sooner revoked by the Board for cause or
  96-57  cancelled at the request of the company employing the holder
  96-58  thereof, shall continue in force until the first day of March next
  96-59  after its issuance, and must be renewed annually.
  96-60        SECTION 12.16.  Section 1, Article 21.07, Insurance Code, is
  96-61  amended by adding Subsection (c) to read as follows:
  96-62        (c)  A person who has had a license revoked under Section 10
  96-63  of this article may not solicit or otherwise transact business
  96-64  under Chapter 10 of this code.
  96-65        SECTION 12.17.  Section 2(b), Article 21.07, Insurance Code,
  96-66  is amended to read as follows:
  96-67        (b)  The application must bear a signed endorsement by an
  96-68  officer or properly authorized representative of the insurance
  96-69  carrier that the individual applicant or each member of the
  96-70  partnership or each officer, director, and shareholder of the
   97-1  corporation is <trustworthy, of good character and good reputation,
   97-2  and> qualified to hold himself or the partnership or the
   97-3  corporation out in good faith to the general public as an insurance
   97-4  agent, and that the insurance carrier desires that the applicant
   97-5  act as an insurance agent to represent it in this State.
   97-6        SECTION 12.18.  Section 3, Article 21.07, Insurance Code, is
   97-7  amended to read as follows:
   97-8        Sec. 3.  Issuance of License Under Certain Circumstances.
   97-9  The <After the State Board of Insurance has determined that such
  97-10  applicant is of good character and trustworthy, the> State Board of
  97-11  Insurance shall issue a license to a <such> person or corporation
  97-12  in such form as it may prepare authorizing such applicant to write
  97-13  the types of insurance authorized by law to be issued by
  97-14  applicant's appointing insurance carrier, except that:
  97-15              (a)  Such applicant shall not be authorized to write
  97-16  health and accident insurance unless:  (i) applicant, if not a
  97-17  partnership or corporation, shall have first passed a written
  97-18  examination as provided for in this Article 21.07, as amended, or
  97-19  (ii) applicant will act only as a ticket-selling agent of a public
  97-20  carrier with respect to accident life insurance covering risks of
  97-21  travel or as an agent selling credit life, health and accident
  97-22  insurance issued exclusively in connection with credit
  97-23  transactions, or (iii) applicant will write policies or riders to
  97-24  policies providing only lump sum cash benefits in the event of the
  97-25  accidental death, or death by accidental means, or dismemberment,
  97-26  or providing only ambulance expense benefits in the event of
  97-27  accident or sickness; and
  97-28              (b)  Such applicant, if not a partnership or
  97-29  corporation, shall not be authorized to write life insurance in
  97-30  excess of $7,500 <$5,000> upon any one life unless:  (i) applicant,
  97-31  if not a partnership or corporation, shall have first passed a
  97-32  written examination as provided for in this Article 21.07, as
  97-33  amended, or (ii) applicant will act only as a ticket-selling agent
  97-34  of a public carrier with respect to accident life insurance
  97-35  covering risks of travel or as an agent selling credit life, health
  97-36  and accident insurance issued exclusively in connection with credit
  97-37  transactions, or (iii) applicant will write policies or riders to
  97-38  policies providing only lump sum cash benefits in the event of the
  97-39  accidental death, or death by accidental means, or dismemberment,
  97-40  or providing only ambulance expense benefits in the event of
  97-41  accident or sickness.
  97-42        SECTION 12.19.  Section 4(c), Article 21.07, Insurance Code,
  97-43  is amended to read as follows:
  97-44        (c)  After the State Board of Insurance shall determine that
  97-45  such applicant has successfully passed the written examination or
  97-46  it has been waived, <and is a person of good character and
  97-47  reputation,> the State Board of Insurance shall forthwith issue a
  97-48  license to such applicant which shall also authorize such applicant
  97-49  to write health and accident insurance for the designated insurance
  97-50  carrier.
  97-51        SECTION 12.20.  Sections 4A(a), (c), and (e), Article 21.07,
  97-52  Insurance Code, are amended to read as follows:
  97-53        (a)  Each applicant for a license under the provisions of
  97-54  this Article 21.07, Insurance Code, as amended, who desires to
  97-55  write life insurance in excess of $7,500 <$5,000> upon any one
  97-56  life, other than as excepted in Section 3 of this  Article 21.07,
  97-57  within this state shall submit to a personal written examination
  97-58  prescribed by the State Board of Insurance and administered in the
  97-59  English or Spanish language to determine his competency with
  97-60  respect to life insurance and his familiarity with the pertinent
  97-61  provisions of the laws of the State of Texas relating to life
  97-62  insurance and shall pass the same to the satisfaction of the State
  97-63  Board of Insurance; except that no written examination shall be
  97-64  required of an applicant that is a partnership or corporation.
  97-65        (c)  After the State Board of Insurance shall determine that
  97-66  such applicant has successfully passed the written examination or
  97-67  it has been waived <and is a person of good character and
  97-68  reputation>, the State Board of Insurance shall forthwith issue a
  97-69  license to such applicant which shall also authorize such applicant
  97-70  to write life insurance upon any one life in excess of $7,500 <Five
   98-1  Thousand Dollars ($5,000.00)> for the designated insurance carrier.
   98-2        (e)  When any license shall be issued by the State Board of
   98-3  Insurance to an applicant entitled to write life insurance upon any
   98-4  one life in excess of $7,500 <Five Thousand Dollars ($5,000.00)>,
   98-5  the license shall have stamped thereon the words, "Life Insurance
   98-6  in Excess of $7,500 <$5,000.00>."
   98-7        SECTION 12.21.  Sections 5, 8, and 11, Article 21.07,
   98-8  Insurance Code, are amended to read as follows:
   98-9        Sec. 5.  Failure of Applicant to Qualify for License.  If
  98-10  <the State Board of Insurance is not satisfied that> the applicant
  98-11  for a license <is trustworthy and of good character, or, if
  98-12  applicable, that the applicant>, if required to do so, has not
  98-13  passed the written examination to the satisfaction of the State
  98-14  Board of Insurance, the State Board of Insurance shall forthwith
  98-15  notify the applicant and the insurance carrier in writing that the
  98-16  license will not be issued to the applicant.
  98-17        Sec. 8.  Temporary license.  The department<, if it is
  98-18  satisfied with the honesty and trustworthiness of any applicant who
  98-19  desires to write health and accident insurance,> may issue a
  98-20  temporary agent's license, authorizing the applicant to write
  98-21  health and accident insurance, as well as all other insurance
  98-22  authorized to be written by the appointing insurance carrier,
  98-23  effective for ninety (90) days, without requiring the applicant to
  98-24  pass a written examination, as follows:
  98-25              To any applicant who has been appointed or who is being
  98-26  considered for appointment as an agent by an insurance carrier
  98-27  authorized to write health and accident insurance immediately upon
  98-28  receipt by the department of an application executed by such person
  98-29  in the form required by this Article, together with a nonrefundable
  98-30  filing fee of $100 and a certificate signed by an officer or
  98-31  properly authorized representative of such insurance carrier
  98-32  certifying:
  98-33                    (a)  <that such insurance carrier has
  98-34  investigated the character and background of such person and is
  98-35  satisfied that he is trustworthy and of good character;>
  98-36                    <(b)>  that such person has been appointed or is
  98-37  being considered for appointment by such insurance carrier as its
  98-38  agent; and
  98-39                    (b) <(c)>  that such insurance carrier desires
  98-40  that such person be issued a temporary license; provided that if
  98-41  such temporary license shall not have been received from the
  98-42  department within seven days from the date on which the application
  98-43  and certificate were delivered to or mailed to the department, the
  98-44  insurance carrier may assume that such temporary license will be
  98-45  issued in due course and the applicant may proceed to act as an
  98-46  agent; provided, however, that no temporary license shall be
  98-47  renewable or issued more than once in a consecutive six months
  98-48  period to the same applicant; and provided further, that no
  98-49  temporary license shall be granted to any person who does not
  98-50  intend to actively sell health and accident insurance to the public
  98-51  generally and it is intended to prohibit the use of a temporary
  98-52  license to obtain commissions from sales to persons of family
  98-53  employment or business relationships to the temporary licensee, to
  98-54  accomplish which purposes an insurance carrier is hereby prohibited
  98-55  from knowingly paying directly or indirectly to the holder of a
  98-56  temporary license under this Section any commissions on the sale of
  98-57  a contract of health and accident insurance to any person related
  98-58  to temporary licensee by blood or marriage, and the holder of a
  98-59  temporary license is hereby prohibited from receiving or accepting
  98-60  commissions on the sale of a contract of health and accident
  98-61  insurance to any person included in the foregoing classes of
  98-62  relationship.
  98-63        Sec. 11.  Judicial review of acts of State Board of
  98-64  Insurance.  If the commissioner refuses an application for license
  98-65  as provided by this Article, or suspends, revokes, or refuses to
  98-66  renew a license at a hearing as provided by this Article, <and this
  98-67  action is upheld on review to the Board as provided by this code,>
  98-68  and if the applicant or accused is dissatisfied with the action of
  98-69  the commissioner <and the Board>, the applicant or accused may
  98-70  appeal from the action as provided by <Section (f),> Article
   99-1  1.04<,> of this code.
   99-2        SECTION 12.22.  Section 10(a), Article 21.07, Insurance Code,
   99-3  is amended to read as follows:
   99-4        (a)  The department may discipline a <A> license holder or
   99-5  deny an application under Section 5, Article 21.01-2, of this code
   99-6  <may be denied, or a license duly issued may be suspended or
   99-7  revoked or the renewal thereof refused by the State Board of
   99-8  Insurance> if<, after notice and hearing as hereafter provided,> it
   99-9  finds that the applicant, individually or through any officer,
  99-10  director, or shareholder, for, or holder of, such license:
  99-11              (1)  Has wilfully violated any provision of the
  99-12  insurance laws of this State; <or>
  99-13              (2)  Has intentionally made a material misstatement in
  99-14  the application for such license; <or>
  99-15              (3)  Has obtained, or attempted to obtain, such license
  99-16  by fraud or misrepresentation; <or>
  99-17              (4)  Has misappropriated or converted to his or its own
  99-18  use or illegally withheld money belonging to an insurance carrier
  99-19  or an insured or beneficiary; <or>
  99-20              (5)  <Has otherwise demonstrated lack of
  99-21  trustworthiness or competence to act as an agent; or>
  99-22              <(6)>  Has been guilty of fraudulent or dishonest
  99-23  practices; <or>
  99-24              (6) <(7)>  Has materially misrepresented the terms and
  99-25  conditions of any insurance policy or contract; <or>
  99-26              (7) <(8)>  Has made or issued, or caused to be made or
  99-27  issued, any statement misrepresenting or making incomplete
  99-28  comparisons regarding the terms or conditions of any insurance
  99-29  contract legally issued by any insurance carrier, for the purpose
  99-30  of inducing or attempting to induce the owner of such contract to
  99-31  forfeit or surrender such contract or allow it to lapse for the
  99-32  purpose of replacing such contract with another; <or>
  99-33              <(9)  Is not of good character or reputation;> or
  99-34              (8) <(10)>  Is convicted of a felony.
  99-35        SECTION 12.23.  Section 19(b), Article 21.07, Insurance Code,
  99-36  is amended to read as follows:
  99-37        (b)  The State Board of Insurance may, upon request of such
  99-38  insurer on application forms furnished by the State Board of
  99-39  Insurance and upon payment of a nonrefundable license fee in an
  99-40  amount not to exceed $50 as determined by the State Board of
  99-41  Insurance, issue such license to such person which will be valid
  99-42  only for such limited representation of such insurer as provided
  99-43  herein.  The application shall be accompanied by a certificate, on
  99-44  forms to be prescribed and furnished by the State Board of
  99-45  Insurance and signed by an officer or properly authorized
  99-46  representative of the insurance company the applicant proposes to
  99-47  represent, stating that the insurance company <has investigated the
  99-48  character and background of the applicant and is satisfied that the
  99-49  applicant is trustworthy and qualified to hold himself out in good
  99-50  faith as an insurance agent, and that the insurance company>
  99-51  desires that the applicant act as an insurance agent to represent
  99-52  the insurance company.  The insurer shall also certify to the State
  99-53  Board of Insurance that it has provided the applicant with at least
  99-54  forty (40) hours of training, has tested the applicant and found
  99-55  the applicant qualified to represent the insurer, and that the
  99-56  insurer is willing to be bound by the acts of such applicant within
  99-57  the scope of such limited representation.
  99-58        SECTION 12.24.  Section 3, Chapter 213, Acts of the 54th
  99-59  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  99-60  Insurance Code), is amended by adding Subsection (c) to read as
  99-61  follows:
  99-62        (c)  A person who has had a license revoked under Section 12
  99-63  of this Act may not solicit or otherwise transact business under
  99-64  Chapter 10 of this code.
  99-65        SECTION 12.25.  Section 4(b), Chapter 213, Acts of the 54th
  99-66  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  99-67  Insurance Code), is amended to read as follows:
  99-68        (b)  The application shall be accompanied by a certificate on
  99-69  forms furnished by the Commissioner and signed by an officer or
  99-70  properly authorized representative of the life insurance company
  100-1  the applicant proposes to represent, stating that <the insurer has
  100-2  investigated the character and background of the applicant and is
  100-3  satisfied that the applicant or the partners of the partnership or
  100-4  the officers, directors, and shareholders of the corporation are
  100-5  trustworthy and qualified to act as a life insurance agent, that>
  100-6  the applicant has completed the educational requirements as
  100-7  provided in this Act, and that the insurer desires that the
  100-8  applicant be licensed as a life insurance agent to represent it in
  100-9  this State.
 100-10        SECTION 12.26.  Section 6, Chapter 213, Acts of the 54th
 100-11  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 100-12  Insurance Code), is amended to read as follows:
 100-13        Sec. 6.  Issuance or Denial of License.  After <If the
 100-14  Commissioner is satisfied that the applicant is trustworthy and
 100-15  competent and after> the applicant, if required to do so, has
 100-16  passed the written examination to the satisfaction of the
 100-17  Commissioner, a license shall be issued forthwith.  If the license
 100-18  is denied for any of the reasons set forth in Section 12 of this
 100-19  Act, the Commissioner shall notify the applicant and the insurer in
 100-20  writing that the license will not be issued to the applicant.
 100-21        SECTION 12.27.  Section 9(a), Chapter 213, Acts of the 54th
 100-22  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 100-23  Insurance Code), is amended to read as follows:
 100-24        (a)  Except as may be provided by a staggered renewal system
 100-25  adopted under Article 21.01-2, Insurance Code <Subsection (e) of
 100-26  this section>, each license issued to a life insurance agent shall
 100-27  expire two years following the date of issue, unless prior thereto
 100-28  it is suspended or revoked by the Commissioner.
 100-29        SECTION 12.28.  Section 10, Chapter 213, Acts of the 54th
 100-30  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 100-31  Insurance Code), is amended to read as follows:
 100-32        Sec. 10.  Temporary License.  (a)  The department<, if it is
 100-33  satisfied with the honesty and trustworthiness of the applicant,>
 100-34  may issue a temporary life insurance agent's license, effective for
 100-35  ninety days, without requiring the applicant to pass a written
 100-36  examination, as follows:
 100-37              (1) <(a)>  To an applicant who has fulfilled the
 100-38  provisions of Section 4 of this Act where such applicant will
 100-39  actually collect the premiums on industrial life insurance
 100-40  contracts during the period of such temporary license; provided,
 100-41  however, that if such temporary license is not received from the
 100-42  department within seven days from the date the application was sent
 100-43  to the department, the company may assume that the temporary
 100-44  license will be issued in due course and the applicant may proceed
 100-45  to act as an agent.  For the purpose of this subsection an
 100-46  industrial life insurance contract shall mean a contract for which
 100-47  the premiums are payable at monthly or more frequent intervals
 100-48  directly by the owner thereof, or by a person representing the
 100-49  owner, to a representative of the company;
 100-50              (2) <(b)>  To any person who is being considered for
 100-51  appointment as an agent by an insurer immediately upon receipt by
 100-52  the department of an application executed by such person in the
 100-53  form required by Section 4 of this Act, together with a
 100-54  nonrefundable filing fee of $100 and a certificate signed by an
 100-55  officer or properly authorized representative of such insurer
 100-56  stating:
 100-57                    (A) <(1)  that such insurer has investigated the
 100-58  character and background of such person and is satisfied that he is
 100-59  trustworthy;>
 100-60                    <(2)>  that such person is being considered for
 100-61  appointment by such insurer as its full-time agent; <and>
 100-62                    (B) <(3)>  that such insurer desires that such
 100-63  person be issued a temporary license; provided that if such
 100-64  temporary license shall not have been received from the department
 100-65  within seven days from the date on which the application and
 100-66  certificate were delivered to or mailed to the department the
 100-67  insurer may assume that such temporary license will be issued in
 100-68  due course and the applicant may proceed to act as an agent;
 100-69  provided, however, that no temporary license shall be renewable nor
 100-70  issued more than once in a consecutive six months period to the
  101-1  same applicant; and provided further, that no temporary license
  101-2  shall be granted to any person who does not intend to apply for a
  101-3  license to sell life insurance to the public generally and it is
  101-4  intended to prohibit the use of a temporary license to obtain
  101-5  commissions from sales to persons of family employment or business
  101-6  relationships to the temporary licensee, to accomplish which
  101-7  purposes an insurer is hereby prohibited from knowingly paying
  101-8  directly or indirectly to the holder of a temporary license under
  101-9  this subsection any commissions on the sale of a contract of
 101-10  insurance on the life of the temporary licensee, or on the life of
 101-11  any person related to him by blood or marriage, or on the life of
 101-12  any person who is or has been during the past six months his
 101-13  employer either as an individual or as a member of a partnership,
 101-14  association, firm or corporation, or on the life of any person who
 101-15  is or who has been during the past six months his employee, and the
 101-16  holder of a temporary license is hereby prohibited from receiving
 101-17  or accepting commissions on the sale of a contract of insurance to
 101-18  any person included in the foregoing classes of relationship;
 101-19                    (C) <(4)>  that a person who has been issued a
 101-20  temporary license under this subsection and is acting under the
 101-21  authority of the temporary license may not engage in any insurance
 101-22  solicitation, sale, or other agency transaction that results in or
 101-23  is intended to result in the replacement of any existing individual
 101-24  life insurance policy form or annuity contract that is in force or
 101-25  receive, directly or indirectly, any commission or other
 101-26  compensation that may or does result from such solicitation, sale,
 101-27  or other agency transaction; and that any person holding a
 101-28  permanent license may not circumvent or attempt to circumvent the
 101-29  intent of this subdivision by acting for or with a person holding
 101-30  such a temporary license.  As used in this subdivision,
 101-31  "replacement" means any transaction in which a new life insurance
 101-32  or annuity contract is to be purchased, and it is known or should
 101-33  be known to the temporary agent that by reason of the solicitation,
 101-34  sale, or other transaction the existing life insurance or annuity
 101-35  contract has been or is to be:
 101-36                          (i) <(A)>  lapsed, forfeited, surrendered,
 101-37  or otherwise terminated;
 101-38                          (ii) <(B)>  converted to reduced paid-up
 101-39  insurance, continued as extended term insurance, or otherwise
 101-40  reduced in value by the use of nonforfeiture benefits or other
 101-41  policy values;
 101-42                          (iii) <(C)>  amended so as to effect either
 101-43  a reduction in benefits or in the term for which coverage would
 101-44  otherwise remain in force or for which benefits would be paid;
 101-45                          (iv) <(D)>  reissued with any reduction in
 101-46  cash value; or
 101-47                          (v) <(E)>  pledged as collateral or
 101-48  subjected to borrowing, whether in a single loan or under a
 101-49  schedule of borrowing over a period of time for amounts in the
 101-50  aggregate exceeding 25 percent of the loan value set forth in the
 101-51  policy; and
 101-52                    (D) <(5)>  that such person will complete, under
 101-53  such insurer's supervision, at least forty hours of training as
 101-54  prescribed by Subsection (c) of this Section within fourteen days
 101-55  from the date on which the application and certificate were
 101-56  delivered or mailed to the department.
 101-57        (b) <(6)>  The department shall have the authority to cancel,
 101-58  suspend, or revoke the temporary appointment powers of any life
 101-59  insurance company, if, after notice and hearing, he finds that such
 101-60  company has abused such temporary appointment powers.  In
 101-61  considering such abuse, the department may consider, but is not
 101-62  limited to, the number of temporary appointments made by a company
 101-63  as provided by Subsection (f) <(e)> of this Section, the percentage
 101-64  of appointees sitting for the examination as life insurance agents
 101-65  under this Article as it may be in violation of Subsection (e)
 101-66  <(d)> of this Section, and the number of appointees successfully
 101-67  passing said examination in accordance with Subsection (e) <(d)>.
 101-68  Appeals from the department's decision shall be made in accordance
 101-69  with Section 13 hereof.
 101-70        (c)  At least forty hours of training must be administered to
  102-1  any applicant for a temporary license as herein defined within
  102-2  fourteen days from the date on which the application and
  102-3  certificate were delivered or mailed to the department.  Of this
  102-4  forty-hour requirement, ten hours must be taught in a classroom
  102-5  setting, including but not limited to an accredited college,
  102-6  university, junior or community college, business school, or
  102-7  private institute or classes sponsored by the insurer and
  102-8  especially established for this purpose.  Such training program
  102-9  shall be constructed so as to provide an applicant with the basic
 102-10  knowledge of:
 102-11              (1)  the broad principles of insurance, licensing, and
 102-12  regulatory laws of this State; and
 102-13              (2)  the obligations and duties of a life insurance
 102-14  agent.
 102-15        (d)  The Commissioner of Insurance may, in his discretion,
 102-16  require that the <such> training program required by Subsection (c)
 102-17  of this Section <shall> be filed with the department for approval
 102-18  in the event the commissioner <he> finds an abuse of temporary
 102-19  appointment powers under Subsection (b)<(6)> of this Section.
 102-20        (e) <(d)>  Each insurer is responsible for requiring that not
 102-21  less than 70 percent of such insurer's applicants for temporary
 102-22  licenses sit for an examination during any two consecutive calendar
 102-23  quarters.  At least 50 percent of those applicants sitting for the
 102-24  examination must pass during such a period.
 102-25        (f) <(e)>  Each insurer may make no more than two hundred and
 102-26  fifty temporary licensee appointments during a calendar year under
 102-27  Subsection (a)(2) <(b)> of this Section.
 102-28        SECTION 12.29.  Section 12(a), Chapter 213, Acts of the 54th
 102-29  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 102-30  Insurance Code), is amended to read as follows:
 102-31        (a)  The commissioner may discipline a <A> license holder or
 102-32  deny an application under Section 5, Article 21.01-2, Insurance
 102-33  Code, <may be denied, or a license duly issued may be suspended or
 102-34  revoked or the renewal thereof refused by the Commissioner> if<,
 102-35  after notice and hearing as hereafter provided,> the Commissioner
 102-36  finds that the applicant, individually or through any officer,
 102-37  director, or shareholder, for, or holder of such license:
 102-38              (1)  Has wilfully violated any provision of the
 102-39  insurance laws of this State;
 102-40              (2)  Has intentionally made a material misstatement in
 102-41  the application for such license;
 102-42              (3)  Has obtained, or attempted to obtain, such license
 102-43  by fraud or misrepresentation;
 102-44              (4)  Has misappropriated or converted to the
 102-45  applicant's or licensee's own use or illegally withheld money
 102-46  belonging to an insurer or an insured or beneficiary;
 102-47              (5)  <Has otherwise demonstrated lack of
 102-48  trustworthiness or competence to act as a life insurance agent;>
 102-49              <(6)>  Has been guilty of fraudulent or dishonest
 102-50  practices;
 102-51              (6) <(7)>  Has materially misrepresented the terms and
 102-52  conditions of life insurance policies or contracts;
 102-53              (7) <(8)>  Has made or issued, or caused to be made or
 102-54  issued, any statement misrepresenting or making incomplete
 102-55  comparisons regarding the terms or conditions of any insurance or
 102-56  annuity contract legally issued by any insurer, for the purpose of
 102-57  inducing or attempting to induce the owner of such contract to
 102-58  forfeit or surrender such contract or allow it to lapse for the
 102-59  purpose of replacing such contract with another;
 102-60              (8) <(9)>  Has obtained, or attempted to obtain such
 102-61  license, not for the purpose of holding himself or itself out to
 102-62  the general public as a life insurance agent, but primarily for the
 102-63  purpose of soliciting, negotiating or procuring life insurance or
 102-64  annuity contracts covering the applicant or licensee, members of
 102-65  the applicant's or licensee's family, or the applicant's or
 102-66  licensee's business associates;
 102-67              (9) <(10)  Is not of good character or reputation; or>
 102-68              <(11)>  Is convicted of a felony; or
 102-69              (10)  Is guilty of rebating an insurance premium or
 102-70  commission to an insured.
  103-1        SECTION 12.30.  Section 13, Chapter 213, Acts of the 54th
  103-2  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  103-3  Insurance Code), is amended to read as follows:
  103-4        Sec. 13.  Judicial review of acts of commissioner.  If the
  103-5  Commissioner refuses an application for license as provided by this
  103-6  Act or suspends, revokes, or refuses to renew a license at a
  103-7  hearing provided by this Act, <and the action is upheld on review
  103-8  to the Board as provided by this Code,> and if the applicant or
  103-9  accused is dissatisfied with the action of the Commissioner and the
 103-10  Board, the applicant or accused may appeal from that action in
 103-11  accordance with <Section (f),> Article 1.04, Insurance Code.
 103-12        SECTION 12.31.  Section 16(h), Chapter 213,  Acts of the 54th
 103-13  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 103-14  Insurance Code), is amended to read as follows:
 103-15        (h)  After the State Board of Insurance determines that an
 103-16  applicant has successfully passed the written examination or is
 103-17  exempt therefrom as provided in Subsection (d) above, <and the
 103-18  board has determined the applicant to be of good character and
 103-19  reputation,> has been appointed to act as an agent by one or more
 103-20  legal reserve life insurance companies, and has paid a
 103-21  nonrefundable license fee not to exceed $50 as determined by the
 103-22  board, the board shall issue a license to such applicant
 103-23  authorizing the applicant to act as an accident and health
 103-24  insurance agent for the appointing insurance carrier.
 103-25        SECTION 12.32.  Section 5, Chapter 29, Acts of the 54th
 103-26  Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
 103-27  Insurance Code), is amended to read as follows:
 103-28        Sec. 5.  Mode of Licensing and Regulation.  (a)  The
 103-29  licensing and regulation of a Life Insurance Counselor, as that
 103-30  term is defined herein, shall be in the same manner and subject to
 103-31  the same requirements as applicable to the licensing of agents of
 103-32  legal reserve life insurance companies as provided in Article
 103-33  21.07-1 of the Texas Insurance Code, 1951, or as provided by any
 103-34  existing or subsequent applicable law governing the licensing of
 103-35  such agents, and all the provisions thereof are hereby made
 103-36  applicable to applicants and licensees under this Act, except that
 103-37  a Life Insurance Counselor shall not advertise in any manner and
 103-38  shall not circulate materials indicating professional superiority
 103-39  or the performance of professional service in a superior manner;
 103-40  provided, however, that an appointment to act for an insurer shall
 103-41  not be a condition to the licensing of a Life Insurance Counselor.
 103-42        (b)  In addition to the above requirements, the applicant for
 103-43  licensure as a Life Insurance Counselor shall submit to the
 103-44  Commissioner <evidence of high moral and ethical character,>
 103-45  documentation that he has been licensed as a life insurance agent
 103-46  in excess of three years.  After the Insurance Commissioner has
 103-47  satisfied himself as to these requirements, he shall then cause the
 103-48  applicant for a Life Insurance Counselor's license to sit for an
 103-49  examination which shall include the following<:>
 103-50        <Such examination shall consist of> five subjects and subject
 103-51  areas:
 103-52              (1) <(a)>  Fundamentals of life and health insurance;
 103-53              (2) <(b)>  Group life insurance, pensions and health
 103-54  insurance;
 103-55              (3) <(c)>  Law, trust and taxation;
 103-56              (4) <(d)>  Finance and economics; and
 103-57              (5) <(e)>  Business insurance and estate planning.
 103-58        (c)  No license shall be granted until such individual shall
 103-59  have successfully passed each of the five parts under Subsection
 103-60  (b) of this section <above enumerated>.  Such examinations may be
 103-61  given and scheduled by the Commissioner at his discretion.
 103-62  Individuals currently holding Life Insurance Counselor licenses
 103-63  issued by the Texas State Board of Insurance, who do not have the
 103-64  equivalent of the requirements above listed, shall have one year
 103-65  from the date of enactment hereof to so qualify.
 103-66        <Unless the State Board of Insurance accepts a qualifying
 103-67  examination administered by a testing service, as provided under
 103-68  Article 21.01-1, Insurance Code, as amended, not later than the
 103-69  30th day after the day on which a licensing examination is
 103-70  administered under this Section, the Commissioner shall send notice
  104-1  to each examinee of the results of the examination.  If an
  104-2  examination is graded or reviewed by a testing service, the
  104-3  Commissioner shall send, or require the testing service to send,
  104-4  notice to the examinees of the results of the examination within
  104-5  two weeks after the date on which the Commissioner receives the
  104-6  results from the testing service.  If the notice of the examination
  104-7  results will be delayed for longer than 90 days after the
  104-8  examination date, the Commissioner shall send, or require the
  104-9  testing service to send, notice to the examinee of the reason for
 104-10  the delay before the 90th day.  If requested in writing by a person
 104-11  who fails the licensing examination administered under this
 104-12  Section, the Commissioner shall send, or require the testing
 104-13  service to send, to the person an analysis of the person's
 104-14  performance on the examination.>
 104-15        SECTION 12.33.  Sections 9, 12, and 14, Managing General
 104-16  Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
 104-17  Code), are amended to read as follows:
 104-18        Sec. 9.  Expiration of License; Renewal.  <(a)>  Except as
 104-19  may be provided by a staggered renewal system adopted under Article
 104-20  21.01-2, Insurance Code <Subsection (c) of this section>, every
 104-21  license issued under this Act expires two years from the date of
 104-22  issuance, unless a completed application to qualify for renewal of
 104-23  such license shall be filed with the commissioner and a
 104-24  nonrefundable fee paid on or before such date, in which event the
 104-25  license sought to be renewed shall continue in full force and
 104-26  effect until renewed or renewal is denied.
 104-27        <(b)  An unexpired license may be renewed by paying the
 104-28  required nonrefundable renewal fee to the board not later than the
 104-29  expiration date of the license.  If a license has been expired for
 104-30  not longer than 90 days, the licensee may renew the license by
 104-31  paying to the board the required nonrefundable renewal fee and a
 104-32  nonrefundable fee that is one-half of the original license fee. If
 104-33  a license has been expired for more than 90 days, the license may
 104-34  not be renewed.  A new license may be obtained by complying with
 104-35  the requirements and procedures for obtaining an original license.
 104-36  At least 30 days before the expiration of a license, the
 104-37  commissioner shall send written notice of the impending license
 104-38  expiration to the licensee at the licensee's last known address.
 104-39  This subsection may not be construed to prevent the board from
 104-40  denying or refusing to renew a license under applicable law or
 104-41  rules of the State Board of Insurance.>
 104-42        <(c)  The State Board of Insurance by rule may adopt a system
 104-43  under which licenses expire on various dates during the year.  For
 104-44  the period in which the license is valid for less than two years,
 104-45  the license fee shall be prorated on a monthly basis so that each
 104-46  licensee shall pay only that portion of the license fee that is
 104-47  allocable to the number of months during which the license is
 104-48  valid.  On each subsequent renewal of the license, the total
 104-49  license renewal fee is payable.>
 104-50        Sec. 12.  Denial, Refusal, Suspension, or Revocation of
 104-51  Licenses.  The commissioner may discipline a <A> license holder or
 104-52  deny an application under Section 5, Article 21.01-2, Insurance
 104-53  Code, if it <may be denied, suspended for a period of time, revoked
 104-54  or the renewal thereof refused by the commissioner if, after notice
 104-55  and hearing as hereinafter provided, he> finds that the applicant
 104-56  for, or holder of such license:
 104-57              (a)  has wilfully violated or participated in the
 104-58  violation of any provisions of this Act or any of the insurance
 104-59  laws of this state; <or>
 104-60              (b)  has intentionally made a material misstatement in
 104-61  the application for such license; <or>
 104-62              (c)  has obtained, or attempted to obtain such license
 104-63  by fraud or misrepresentation; <or>
 104-64              (d)  has misappropriated or converted to his own use or
 104-65  has illegally withheld moneys required to be held in a fiduciary
 104-66  capacity; <or>
 104-67              (e)  has with intent to deceive materially
 104-68  misrepresented the terms or effect of any contract of insurance, or
 104-69  has engaged in any fraudulent transaction; or
 104-70              (f)  has been convicted of a felony, or of any
  105-1  misdemeanor of which criminal fraud is an essential element<; or>
  105-2              <(g)  has shown himself to be, and is so deemed by the
  105-3  commissioner, incompetent, or untrustworthy, or not of good
  105-4  character and reputation>.
  105-5        Sec. 14.  JUDICIAL REVIEW OF ACTS OF COMMISSIONER <AND THE
  105-6  BOARD>.  If the commissioner shall refuse an application for
  105-7  license as provided in this Act, or shall suspend, revoke or refuse
  105-8  to renew any license at a hearing as provided by this Act, <and
  105-9  such action is upheld upon review to the board as in this Code
 105-10  provided,> and if the applicant or accused thereafter is
 105-11  dissatisfied with the action of the commissioner <and the board>,
 105-12  the applicant or accused may appeal from that action in accordance
 105-13  with <Section (f),> Article 1.04, Insurance Code.
 105-14        SECTION 12.34.  Sections 10 and 18, Chapter 407, Acts of the
 105-15  63rd Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's
 105-16  Texas Insurance Code), are amended to read as follows:
 105-17        Sec. 10.  Examination for License.  <(a)>  Each applicant for
 105-18  a license as an adjuster shall, prior to the issuance of such
 105-19  license, personally take and pass, to the satisfaction of the
 105-20  commissioner, an examination as a test of his qualifications and
 105-21  competency; but the requirement of an examination shall not apply
 105-22  to any of the following:
 105-23              (1)  an applicant who for the 90-day period next
 105-24  preceding the effective date of this Act has been principally
 105-25  engaged in the investigation, adjustment, or supervision of losses
 105-26  and who is so engaged on the effective date of this Act;
 105-27              (2)  an applicant for the renewal of a license issued
 105-28  hereunder; <or>
 105-29              (3)  an applicant who is licensed as an insurance
 105-30  adjuster, as defined by this statute, in another state with which
 105-31  state a reciprocal agreement has been entered into by the
 105-32  commissioner; or
 105-33              (4)  any person who has completed a course or training
 105-34  program in adjusting of losses as prescribed and approved by the
 105-35  commissioner and is certified to the commissioner upon completion
 105-36  of the course that such person has completed said course or
 105-37  training program, and has passed an examination testing his
 105-38  knowledge and qualification, as prescribed by the commissioner.
 105-39        <(b)  Unless the State Board of Insurance accepts a
 105-40  qualifying examination administered by a testing service, as
 105-41  provided under Article 21.01-1, Insurance Code, as amended, not
 105-42  later than the 30th day after the day on which a licensing
 105-43  examination is administered under this section, the commissioner
 105-44  shall send notice to each examinee of the results of the
 105-45  examination.  If an examination is graded or reviewed by a testing
 105-46  service, the commissioner shall send, or require the testing
 105-47  service to send, notice to the examinees of the results of the
 105-48  examination within two weeks after the date on which the
 105-49  commissioner receives the results from the testing service.  If the
 105-50  notice of the examination results will be delayed for longer than
 105-51  90 days after the examination date, the commissioner shall send, or
 105-52  require the testing service to send, notice to the examinee of the
 105-53  reason for the delay before the 90th day.>
 105-54        <(c)  If requested in writing by a person who fails the
 105-55  licensing examination administered under this section, the
 105-56  commissioner shall send, or require the testing service to send, to
 105-57  the person an analysis of the person's performance on the
 105-58  examination.>
 105-59        Sec. 18.  Automatic <Procedure for Refusal, Suspension, or>
 105-60  Revocation.  <(a)>  The commissioner may revoke or refuse to renew
 105-61  any license of an adjuster immediately and without hearing, upon
 105-62  the licensee's conviction of a felony, by final judgment, in any
 105-63  court of competent jurisdiction.
 105-64        <(b)  The commissioner may deny, suspend, revoke, or refuse
 105-65  to renew a license:>
 105-66              <(1)  by order or notice given to the licensee not less
 105-67  than 15 days in advance of the effective date of the order or
 105-68  notice, subject to the right of the licensee to demand in writing,
 105-69  a hearing, before the board after receipt of notice and before the
 105-70  effective date of the revocation.  Pending such hearing, the
  106-1  license may be suspended.>
  106-2              <(2)  by an order after a hearing which is effective 10
  106-3  days after the order is issued subject to appeal to a district
  106-4  court in Travis County.>
  106-5        SECTION 12.35.  Section 16(a), Chapter 407, Acts of the 63rd
  106-6  Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
  106-7  Insurance Code), is amended to read as follows:
  106-8        (a)  Except as may be provided by a staggered renewal system
  106-9  adopted under Article 21.01-2, Insurance Code <Subsection (e) of
 106-10  this section>, an adjuster's license expires two years after the
 106-11  date of issuance.
 106-12        SECTION 12.36.  Section 17(a), Chapter 407, Acts of the 63rd
 106-13  Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
 106-14  Insurance Code), is amended to read as follows:
 106-15        (a)  The department <commissioner> may discipline an adjuster
 106-16  or deny an application under Section 5, Article 21.01-2, Insurance
 106-17  Code, <deny, suspend, revoke, or refuse to renew any adjuster's
 106-18  license> for any of the following causes:
 106-19              (1)  for any cause for which issuance of the license
 106-20  could have been refused had it been existent and been known to the
 106-21  board;
 106-22              (2)  if the applicant or licensee willfully violates or
 106-23  knowingly participates in the violation of any provision of this
 106-24  Act;
 106-25              (3)  if the applicant or licensee has obtained or
 106-26  attempted to obtain any such license through willful
 106-27  misrepresentation or fraud, or has failed to pass any examination
 106-28  required under this Act;
 106-29              (4)  if the applicant or licensee has misappropriated,
 106-30  or converted to the applicant's or licensee's own use, or has
 106-31  illegally withheld moneys required to be held in a fiduciary
 106-32  capacity;
 106-33              (5)  if the applicant or licensee has, with intent to
 106-34  deceive, materially misrepresented the terms or effect of an
 106-35  insurance contract, or has engaged in any fraudulent transactions;
 106-36  or
 106-37              (6)  if the applicant or licensee is convicted, by
 106-38  final judgment, of a felony<; or>
 106-39              <(7)  if in the conduct of the licensee's affairs under
 106-40  the license, the licensee has proven to be, and is so deemed by the
 106-41  commissioner, incompetent, untrustworthy, or a source of injury to
 106-42  the public>.
 106-43        SECTION 12.37.  Section 5(a), Article 21.07-6, Insurance
 106-44  Code, is amended to read as follows:
 106-45        (a)  The commissioner shall approve an application for a
 106-46  certificate of authority to conduct a business in this state as an
 106-47  administrator if the commissioner is satisfied that the application
 106-48  meets the following criteria:
 106-49              (1)  the granting of the application would not violate
 106-50  a federal or state law;
 106-51              (2)  the <competence, trustworthiness, experience,>
 106-52  financial condition<, or integrity> of an administrator applicant
 106-53  or those persons who would operate or control an administrator
 106-54  applicant are such that the granting of a certificate of authority
 106-55  would not be adverse to the public interest;
 106-56              (3)  the applicant has not attempted through fraud or
 106-57  bad faith to obtain the certificate of authority;
 106-58              (4)  the applicant has complied with this article and
 106-59  rules adopted by the board under this article; and
 106-60              (5)  the name under which the applicant will conduct
 106-61  business in this state is not so similar to that of another
 106-62  administrator or insurer that it is likely to mislead the public.
 106-63        SECTION 12.38.  Section 3(e), Article 21.07-7, Insurance
 106-64  Code, is amended to read as follows:
 106-65        (e)  The department <commissioner> may discipline a license
 106-66  holder or deny an application under Section 5, Article 21.01-2, of
 106-67  this code if it <deny a license application or suspend, revoke, or
 106-68  refuse to renew a license if, after notice and hearing as provided
 106-69  by this code, the commissioner> determines that the applicant for
 106-70  or holder of a license, or any person who would be authorized to
  107-1  act on behalf of the applicant or the license holder under
  107-2  Subsection (c) of this section has:
  107-3              (1)  wilfully violated or participated in the violation
  107-4  of this article or any of the insurance laws of this state;
  107-5              (2)  intentionally made a material misstatement in the
  107-6  license application;
  107-7              (3)  obtained or attempted to obtain the license by
  107-8  fraud or misrepresentation;
  107-9              (4)  misappropriated, converted to his own use, or
 107-10  illegally withheld money required to be held in a fiduciary
 107-11  capacity;
 107-12              (5)  materially misrepresented the terms or effect of
 107-13  any contract of insurance or reinsurance, or engaged in any
 107-14  fraudulent transaction; or
 107-15              (6)  been convicted of a felony or of any misdemeanor
 107-16  of which criminal fraud is an essential element<; or>
 107-17              <(7)  shown himself to be, and is so determined to be
 107-18  by the commissioner, incompetent, untrustworthy, or not of good
 107-19  character and reputation>.
 107-20        SECTION 12.39.  Sections 3(a) and (c), Article 21.14,
 107-21  Insurance Code, are amended to read as follows:
 107-22        (a)  When any person, partnership or corporation shall desire
 107-23  to engage in business as a local recording agent for an insurance
 107-24  company, or insurance carrier, he or it shall make application for
 107-25  a license to the State Board of Insurance, in such form as the
 107-26  Board may require.  Such application shall bear a signed
 107-27  endorsement by a general, state or special agent of a qualified
 107-28  insurance company, or insurance carrier that applicant or each
 107-29  member of the partnership or each stockholder of the corporation is
 107-30  a resident of this state <Texas, trustworthy, of good character and
 107-31  good reputation, and is worthy of a license>.
 107-32        (c)  The Board shall issue a license to a corporation if the
 107-33  Board finds:
 107-34              (1)  That the corporation is a Texas corporation
 107-35  organized or existing under the Texas Business Corporation Act or
 107-36  the Texas Professional Corporation Act having its principal place
 107-37  of business in the State of Texas and having as one of its purposes
 107-38  the authority to act as a local recording agent; and
 107-39              (2)  That every officer, director and shareholder of
 107-40  the corporation is individually licensed as a local recording agent
 107-41  under the provisions of this Insurance Code, except as may be
 107-42  otherwise permitted by this Section or Section 3a of this article,
 107-43  or that every officer and director of the corporation is
 107-44  individually licensed as a local recording agent under this
 107-45  Insurance Code, that the corporation is a wholly owned subsidiary
 107-46  of a parent corporation that is licensed as a local recording agent
 107-47  under this Insurance Code, and that every shareholder of the parent
 107-48  corporation is individually licensed as a local recording agent
 107-49  under this Insurance Code, and except as specifically provided by
 107-50  this article, that no shareholder of the corporation is a corporate
 107-51  entity; and
 107-52              (3)  That such corporation will have the ability to pay
 107-53  any sums up to $25,000 which it might become legally obligated to
 107-54  pay on account of any claim made against it by any customer and
 107-55  caused by any negligent act, error or omission of the corporation
 107-56  or any person for whose acts the corporation is legally liable in
 107-57  the conduct of its business as a local recording agent.  The term
 107-58  "customer" as used herein shall mean any person, firm or
 107-59  corporation to whom such corporation sells or attempts to sell a
 107-60  policy of insurance, or from whom such corporation accepts an
 107-61  application for insurance.  Such ability shall be proven in one of
 107-62  the following ways:
 107-63                    (A) <(a)>  An errors and omissions policy
 107-64  insuring such corporation against errors and omissions, in at least
 107-65  the sum of $100,000<,> with no more than a $10,000 deductible
 107-66  feature or the sum of at least $300,000 with no more than a $25,000
 107-67  deductible feature, issued by an insurance company licensed to do
 107-68  business in the State of Texas or, if a policy cannot be obtained
 107-69  from a company licensed to do business in Texas, a policy issued by
 107-70  a company not licensed to do business in Texas, on filing an
  108-1  affidavit with the State Board of Insurance stating the inability
  108-2  to obtain coverage and receiving the Board's approval; or
  108-3                    (B) <(b)>  A bond executed by such corporation as
  108-4  principal and a surety company authorized to do business in this
  108-5  state, as surety, in the principal sum of $25,000, payable to the
  108-6  State Board of Insurance for the use and benefit of customers of
  108-7  such corporation, conditioned that such corporation shall pay any
  108-8  final judgment recovered against it by any customer; or
  108-9                    (C) <(c)>  A deposit of cash or securities of the
 108-10  class authorized by Articles 2.08 and 2.10 of this Code, having a
 108-11  fair market value of $25,000 with the State Treasurer.  The State
 108-12  Treasurer is hereby authorized and directed to accept and receive
 108-13  such deposit and hold it exclusively for the protection of any
 108-14  customer of such corporation recovering a final judgment against
 108-15  such corporation.  Such deposit may be withdrawn only upon filing
 108-16  with the Board evidence satisfactory to it that the corporation has
 108-17  withdrawn from business, and has no unsecured liabilities
 108-18  outstanding, or that such corporation has provided for the
 108-19  protection of its customers by furnishing an errors and omissions
 108-20  policy or a bond as hereinbefore provided.  Securities so deposited
 108-21  may be exchanged from time to time for other qualified securities.
 108-22        A binding commitment to issue such a policy or bond, or the
 108-23  tender of such securities, shall be sufficient in connection with
 108-24  any application for license.
 108-25        Nothing contained herein shall be construed to permit any
 108-26  unlicensed employee or agent of any corporation to perform any act
 108-27  of a local recording agent without obtaining a local recording
 108-28  agent's license.  The Board shall not require a corporation to take
 108-29  the examination provided in Section 6 of this Article 21.14.
 108-30        If at any time, any corporation holding a local recording
 108-31  agent's license does not maintain the qualifications necessary to
 108-32  obtain a license, the license of such corporation to act as a local
 108-33  recording agent shall be cancelled or denied in accordance with the
 108-34  provisions of Sections 16, 17 and 18 of this Article 21.14;
 108-35  provided, however, that should any person who is not a licensed
 108-36  local recording agent acquire shares in such a corporation by
 108-37  devise or descent, they shall have a period of 90 days from date of
 108-38  acquisition within which to obtain a license as a local recording
 108-39  agent or to dispose of the shares to a licensed local recording
 108-40  agent except as may be permitted by Section 3a of this article.
 108-41        Should such an unlicensed person, except as may be permitted
 108-42  by Section 3a of this article, acquire shares in such a corporation
 108-43  and not dispose of them within said period of 90 days to a licensed
 108-44  local recording agent, then they must be purchased by the
 108-45  corporation for their book value, that is, the value of said shares
 108-46  of stock as reflected by the regular books and records of said
 108-47  corporation, as of the date of the acquisition of said shares by
 108-48  said unlicensed person.  Should the corporation fail or refuse to
 108-49  so purchase such shares, its license shall be cancelled.
 108-50        Any such corporation shall have the power to redeem the
 108-51  shares of any shareholder, or the shares of a deceased shareholder,
 108-52  upon such terms as may be agreed upon by the Board of Directors and
 108-53  such shareholder or his personal representative, or at such price
 108-54  and upon such terms as may be provided in the Articles of
 108-55  Incorporation, the Bylaws, or an existing contract entered into
 108-56  between the shareholders of the corporation.
 108-57        Each corporation licensed as a local recording agent shall
 108-58  file, under oath, a list of the names and addresses of all of its
 108-59  officers, directors and shareholders with its application for
 108-60  renewal license.
 108-61        Each corporation licensed as a local recording agent shall
 108-62  notify the State Board of Insurance upon any change in its
 108-63  officers, directors or shareholders not later than the 30th day
 108-64  after the date on which the change became effective.
 108-65        The term "firm" as it applies to local recording agents in
 108-66  Sections 2, 12 and 16 of this Article 21.14 shall be construed to
 108-67  include corporations.
 108-68        SECTION 12.40.  Sections 5, 8, and 18, Article 21.14,
 108-69  Insurance Code, are amended to read as follows:
 108-70        Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.  No
  109-1  license shall be granted to any person, firm, partnership or
  109-2  corporation as a local recording agent or to a person as a
  109-3  solicitor, for the purpose of writing any form of insurance, unless
  109-4  it is found by the State Board of Insurance that such person, firm,
  109-5  partnership or corporation, is or intends to be, actively engaged
  109-6  in the soliciting or writing of insurance for the public generally;
  109-7  that each person or individual of a firm is a resident of Texas<,
  109-8  of good character and good reputation, worthy of a license,> and is
  109-9  to be actively engaged in good faith in the business of insurance,
 109-10  and that the application is not being made in order to evade the
 109-11  laws against rebating and discrimination either for the applicant
 109-12  or for some other person, firm, partnership or corporation.
 109-13  Nothing herein contained shall prohibit an applicant insuring
 109-14  property which the applicant owns or in which the applicant has an
 109-15  interest; but it is the intent of this Section to prohibit coercion
 109-16  of insurance and to preserve to each citizen the right to choose
 109-17  his own agent or insurance carrier, and to prohibit the licensing
 109-18  of an individual, firm, partnership or corporation to engage in the
 109-19  insurance business principally to handle business which the
 109-20  applicant controls only through ownership, mortgage or sale, family
 109-21  relationship or employment, which shall be taken to mean that an
 109-22  applicant who is making an original application for license shall
 109-23  show the State Board of Insurance that the applicant has a bona
 109-24  fide intention to engage in business in which, in any calendar
 109-25  year, at least twenty-five per cent (25%) of the total volume of
 109-26  premiums shall be derived from persons or organizations other than
 109-27  applicant and from property other than that on which the applicant
 109-28  shall control the placing of insurance through ownership, mortgage,
 109-29  sale, family relationship or employment.  Nothing herein contained
 109-30  shall be construed to authorize a partnership or corporation to
 109-31  receive a license as a solicitor.
 109-32        Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  <(a)>  Except as
 109-33  may be provided by a staggered renewal system adopted under Article
 109-34  21.01-2 of this code <Subsection (c) of this section>, every
 109-35  license issued to a local recording agent or a solicitor shall
 109-36  expire two years from the date of its issue, unless a completed
 109-37  application to qualify for the renewal of any such license shall be
 109-38  filed with the State Board of Insurance and a nonrefundable fee
 109-39  paid on or before such date, in which event the license sought to
 109-40  be renewed shall continue in full force and effect until renewed or
 109-41  renewal is denied.
 109-42        <(b)  An unexpired license may be renewed by filing a
 109-43  completed application and paying the required nonrefundable renewal
 109-44  fee to the State Board of Insurance not later than the expiration
 109-45  date of the license.  If a license has been expired for not longer
 109-46  than 90 days, the licensee may renew the license by paying to the
 109-47  State Board of Insurance the required nonrefundable renewal fee and
 109-48  a nonrefundable fee that is one-half of the original license fee.
 109-49  If a license has been expired for more than 90 days, the license
 109-50  may not be renewed.   A new license may be obtained by complying
 109-51  with the requirements and procedures for obtaining an original
 109-52  license.  At least 30 days before the expiration of a license, the
 109-53  commissioner shall send written notice of the impending license
 109-54  expiration to the licensee at the licensee's last known address.
 109-55  This subsection may not be construed to prevent the board from
 109-56  denying or refusing to renew a license under applicable law or
 109-57  rules of the State Board of Insurance.>
 109-58        <(c)  The State Board of Insurance by rule may adopt a system
 109-59  under which licenses expire on various dates during the year.  For
 109-60  the period in which the license is valid for less than two years,
 109-61  the license fee shall be prorated on a monthly basis so that each
 109-62  licensee shall pay only that portion of the license fee that is
 109-63  allocable to the number of months during which the license is
 109-64  valid.  On each subsequent renewal of the license, the total
 109-65  license renewal fee is payable.>
 109-66        Sec. 18.  APPEAL.  If the Commissioner refuses an application
 109-67  for license as provided by this article, or suspends, revokes, or
 109-68  refuses to renew any license at a hearing as provided by this
 109-69  article, <and the action is upheld on review to the Board as
 109-70  provided by this Code,> and if the applicant or accused is
  110-1  dissatisfied with the action of the Commissioner <and the Board>,
  110-2  the applicant or accused may appeal from the action in accordance
  110-3  with <Section (f),> Article 1.04<,> of this Code.
  110-4        SECTION 12.41.  Section 16, Article 21.14, Insurance Code, as
  110-5  amended by Chapters 242 and 790, Acts of the 72nd Legislature,
  110-6  Regular Session, 1991, is reenacted and amended to read as follows:
  110-7        Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
  110-8  license of any local recording agent shall be suspended during a
  110-9  period in which the agent does not have outstanding a valid
 110-10  appointment to act as an agent for an insurance company.  The Board
 110-11  shall end the suspension on receipt of evidence satisfactory to the
 110-12  board that the agent has a valid appointment.  The Board shall
 110-13  cancel the license of a solicitor if the solicitor does not have
 110-14  outstanding a valid appointment to act as a solicitor for a local
 110-15  recording agent, and shall suspend the license during a period that
 110-16  the solicitor's local recording agent does not have outstanding a
 110-17  valid appointment to act as an agent under this Article.
 110-18        (b)  The department may discipline <license of> any local
 110-19  recording agent or solicitor or deny an application under Section
 110-20  5, Article 21.01-2, of this code <may be denied or a license duly
 110-21  issued may be suspended or revoked or the renewal thereof refused
 110-22  by the State Board of Insurance> if<, after notice and hearing as
 110-23  hereafter provided,> it finds that the applicant, individually or
 110-24  through any officer, director, or shareholder, for or holder of
 110-25  such license:
 110-26              (1)  Has wilfully violated any provision of the
 110-27  insurance laws of this state;
 110-28              (2)  Has intentionally made a material misstatement in
 110-29  the application for such license;
 110-30              (3)  Has obtained, or attempted to obtain, such license
 110-31  by fraud or misrepresentation;
 110-32              (4)  Has misappropriated or converted to the
 110-33  applicant's or licensee's own use or illegally withheld money
 110-34  belonging to an insurer or an insured or beneficiary;
 110-35              (5)  <Has otherwise demonstrated lack of
 110-36  trustworthiness or competence to act as an insurance agent;>
 110-37              <(6)>  Has been guilty of fraudulent or dishonest acts;
 110-38              (6) <(7)>  Has materially misrepresented the terms and
 110-39  conditions of any insurance policies or contracts;
 110-40              (7) <(8)>  Has made or issued, or caused to be made or
 110-41  issued, any statement misrepresenting or making incomplete
 110-42  comparisons regarding the terms or conditions of any insurance
 110-43  contract legally issued by an insurance carrier for the purpose of
 110-44  inducing or attempting to induce the owner of such contract to
 110-45  forfeit or surrender such contract or allow it to expire for the
 110-46  purpose of replacing such contract with another;
 110-47              (8) <(9)  Is not of good character or reputation;>
 110-48              <(10)>  Is convicted of a felony;
 110-49              (9) <(11)>  Is guilty of rebating any insurance premium
 110-50  or discriminating as between insureds; <or>
 110-51              (10) <(12)>  Is not engaged in the soliciting or
 110-52  writing of insurance for the public generally as required by
 110-53  Section 5 of this Article; or
 110-54              (11) <(12)>  Is afflicted with a disability as that
 110-55  term is defined by Subsection (a) of Article 21.15-6 of this code.
 110-56        (c) <(b)>  The State Board of Insurance may order that a
 110-57  local recording agent or solicitor who is afflicted with a
 110-58  disability be placed on disability probation under the terms and
 110-59  conditions specified under Article 21.15-6 of this code instead of
 110-60  taking disciplinary action under Subsection (b) <(a)> of this
 110-61  section.
 110-62        (d) <(c)>  A license applicant or licensee whose license
 110-63  application or license has been denied, refused, or revoked under
 110-64  this section may not apply for any license as an insurance agent
 110-65  before the first anniversary of the effective date of the denial,
 110-66  refusal, or revocation, or, if the applicant or licensee seeks
 110-67  judicial review of the denial, refusal, or revocation before the
 110-68  first anniversary of the date of the final court order or decree
 110-69  affirming that action.  The Commissioner may deny an application
 110-70  timely filed if the applicant does not show good cause why the
  111-1  denial, refusal, or revocation of the previous license application
  111-2  or license should not be considered a bar to the issuance of a new
  111-3  license.  This subsection does not apply to an applicant whose
  111-4  license application was denied for failure to pass a required
  111-5  written examination.
  111-6        SECTION 12.42.  Section 18, Article 21.14, Insurance Code, is
  111-7  amended to read as follows:
  111-8        Sec. 18.  APPEAL.  If the Commissioner refuses an application
  111-9  for license as provided by this article, or suspends, revokes, or
 111-10  refuses to renew any license at a hearing as provided by this
 111-11  article, <and the action is upheld on review to the Board as
 111-12  provided by this Code,> and if the applicant or accused is
 111-13  dissatisfied with the action of the Commissioner and the Board, the
 111-14  applicant or accused may appeal from the action in accordance with
 111-15  <Section (f),> Article 1.04<,> of this Code.
 111-16        SECTION 12.43.  Sections 5, 8, and 10, Article 21.14-1,
 111-17  Insurance Code, are amended to read as follows:
 111-18        Sec. 5.  Qualifications for risk manager's license.  To
 111-19  qualify for a license under this article, a person must:
 111-20              (1)  be at least 18 years of age;
 111-21              (2)  maintain a place of business in this state;
 111-22              (3)  <be a trustworthy and competent person;>
 111-23              <(4)>  meet the application requirements required by
 111-24  this article and rules of the board;
 111-25              (4) <(5)>  take and pass the licensing examination; and
 111-26              (5) <(6)>  pay the examination and licensing fees.
 111-27        Sec. 8.  License renewal; renewal fee.  Except as provided by
 111-28  a staggered renewal system adopted under Article 21.01-2 of this
 111-29  code, a <(a)  A> license issued under this article expires two
 111-30  years after the date of issuance.  A licensee may renew an
 111-31  unexpired license by filing a completed application for renewal
 111-32  with the board and paying the nonrefundable renewal fee, in an
 111-33  amount not to exceed $50 as determined by the board, on or before
 111-34  the expiration date of the license.  The commissioner shall issue a
 111-35  renewal certificate to the licensee at the time of the renewal if
 111-36  the commissioner determines the licensee continues to be eligible
 111-37  for the license.
 111-38        <(b)  If a person's license has been expired for not longer
 111-39  than 90 days, the licensee may renew the license by paying the
 111-40  nonrefundable renewal fee plus a nonrefundable late fee in an
 111-41  amount not to exceed one-half of the original license fee as
 111-42  determined by the board.>
 111-43        <(c)  If the license has been expired for more than 90 days,
 111-44  the person may not renew the license.  The person may obtain a new
 111-45  license by submitting to reexamination, if the person was
 111-46  originally required to take the examination, and complying with the
 111-47  requirements and procedures for obtaining an original license.>
 111-48        <(d)  The commissioner shall notify each licensee in writing
 111-49  at the licensee's last known address of the pending license
 111-50  expiration not later than the 30th day before the date on which the
 111-51  license expires.>
 111-52        Sec. 10.  Denial, suspension, or revocation of a license.
 111-53  <(a)>  The department may discipline a risk manager or deny an
 111-54  application under Section 5, Article 21.01-2, of this code <State
 111-55  Board of Insurance may deny an application or suspend, revoke, or
 111-56  refuse to renew a risk manager's license for any of the following
 111-57  reasons>:
 111-58              (1)  for any cause for which issuance of the license
 111-59  could have been refused had it been known to the board;
 111-60              (2)  if the licensee wilfully violates or knowingly
 111-61  participates in the violation of this article, any insurance law of
 111-62  this state, or rules of the board;
 111-63              (3)  if the licensee has obtained or attempted to
 111-64  obtain a license through wilful misrepresentation or fraud, or has
 111-65  failed to pass the examination required under this article; or
 111-66              (4)  if a licensee is convicted, by final judgment, of
 111-67  a felony<; or>
 111-68              <(5)  if in the conduct of his affairs under the
 111-69  license, the licensee has shown himself to be, and is so deemed by
 111-70  the commissioner, incompetent, untrustworthy, or a source of injury
  112-1  to the public.>
  112-2        <(b)  A risk manager's license may not be suspended or
  112-3  revoked without notice and hearing by the board>.
  112-4        SECTION 12.44.  Sections 2(a) and (c), Article 21.14-2,
  112-5  Insurance Code, are amended to read as follows:
  112-6        (a)  To obtain a license to act as an agent under this
  112-7  article, an applicant must submit a completed written application
  112-8  to the commissioner of insurance on a form prescribed by the State
  112-9  Board of Insurance and pay a $50 nonrefundable fee.  The
 112-10  application must bear an endorsement signed by an agent of an
 112-11  insurance company that meets the requirements of Section 1 of this
 112-12  article and must state that the applicant is a resident of this
 112-13  state<, is of good character and good reputation, and is worthy of
 112-14  a license>.
 112-15        (c)  Except as provided by a staggered renewal system adopted
 112-16  under Article 21.01-2 of this code, a <A> license issued under this
 112-17  article expires two years after the date of its issuance unless a
 112-18  completed application to renew the license is filed with the
 112-19  commissioner and the $50 nonrefundable renewal fee is paid on or
 112-20  before that date, in which case the license continues in full force
 112-21  and effect until renewed or the renewal is denied.  <If a license
 112-22  has been expired for not longer than 90 days, the licensee may
 112-23  renew the license by filing with the State Board of Insurance the
 112-24  required nonrefundable renewal fee and a nonrefundable fee that is
 112-25  one-half of the original license fee.  If a license has been
 112-26  expired for more than 90 days, the license may not be renewed.  A
 112-27  new license may be obtained by complying with the procedures for
 112-28  obtaining an original license.  At least 30 days before the
 112-29  expiration of a license the commissioner of insurance shall send
 112-30  written notice of the impending license expiration to the licensee
 112-31  at the licensee's last known address.  This section may not be
 112-32  construed to prevent the board from denying or refusing to renew a
 112-33  license under applicable law or the rules of the State Board of
 112-34  Insurance.>
 112-35        SECTION 12.45.  Section 3, Article 21.14-2, Insurance Code,
 112-36  is amended to read as follows:
 112-37        Sec. 3.  The license of an agent is automatically suspended
 112-38  or canceled if the agent does not have outstanding a valid
 112-39  appointment to act as an agent for an insurance company described
 112-40  in Section 1 of this article.  The department may discipline a
 112-41  licensee or deny an application under Section 5, Article 21.01-2,
 112-42  of this code if it <commissioner of insurance may deny a license
 112-43  application and may suspend or revoke a license or deny the renewal
 112-44  of a license if, after notice and hearing, the commissioner>
 112-45  determines that the license applicant or licensee:
 112-46              (1)  has intentionally or knowingly violated the
 112-47  insurance laws of this state;
 112-48              (2)  has obtained or attempted to obtain a license by
 112-49  fraud or misrepresentation;
 112-50              (3)  has misappropriated, converted, or illegally
 112-51  withheld money belonging to an insurer or an insured or
 112-52  beneficiary;
 112-53              (4)  <has otherwise demonstrated lack of
 112-54  trustworthiness or competence to act as an insurance agent;>
 112-55              <(5)>  has been guilty of fraudulent or dishonest acts;
 112-56              (5) <(6)>  has materially misrepresented the terms and
 112-57  conditions of an insurance policy or contract;
 112-58              (6) <(7)>  has made or issued or caused to be made or
 112-59  issued any statement misrepresenting or making incomplete
 112-60  comparisons regarding the terms or conditions of an insurance
 112-61  contract legally issued by an insurance carrier for the purpose of
 112-62  inducing or attempting to induce the owner of the contract to
 112-63  forfeit or surrender the contract or allow the contract to expire
 112-64  or for the purpose of replacing the contract with another contract;
 112-65              (7) <(8)>  has been convicted of a felony; or
 112-66              (8) <(9)>  is guilty of rebating an insurance premium
 112-67  or discriminating between insureds.
 112-68        SECTION 12.46.  Article 21.15, Insurance Code, is amended to
 112-69  read as follows:
 112-70        Art. 21.15.  Revocation of Agent's Certificate.  Cause for
  113-1  the discipline under Section 5, Article 21.01-2, of this code
  113-2  <revocation of the certificate of authority> of an agent or
  113-3  solicitor for an insurance company may exist <for violation of any
  113-4  of the insurance laws, or> if <it shall appear to the Board upon
  113-5  due proof, after notice that> such agent or solicitor has knowingly
  113-6  deceived or defrauded a policyholder or a person having been
  113-7  solicited for insurance<,> or <that such agent or solicitor> has
  113-8  unreasonably failed and neglected to pay over to the company, or
  113-9  its agent entitled thereto, any premium or part thereof collected
 113-10  by him on any policy of insurance or application therefor.  The
 113-11  Board shall publish such revocation in such manner as it deems
 113-12  proper for the protection of the public; and no person whose
 113-13  certificate of authority as agent or solicitor has been revoked
 113-14  shall be entitled to again receive a certificate of authority as
 113-15  such agent or solicitor for any insurance company in this State for
 113-16  a period of one year.
 113-17        SECTION 12.47.  Amend Subchapter E, Chapter 21, Insurance
 113-18  Code, by adding Article 21.35A to read as follows:
 113-19        Art. 21.35A.  PERMISSIBLE REIMBURSEMENT.  (a)  In this
 113-20  article, "client" means an applicant for insurance coverage or an
 113-21  insured.
 113-22        (b)  A local recording agent may charge a client a fee to
 113-23  reimburse the agent for costs incurred by the agent in obtaining a
 113-24  motor vehicle record of a person, or a photograph of property,
 113-25  insured under, or to be insured under, an insurance policy.  The
 113-26  fee may not exceed the actual costs incurred by the agent.  The
 113-27  agent may obtain the record or photograph in connection with an
 113-28  application for insurance coverage by the client or the issuance of
 113-29  an insurance policy to the client or on the client's request.  The
 113-30  agent must provide a copy of the motor vehicle record to the
 113-31  client.
 113-32        (c)  An agent may not charge a client a fee under this
 113-33  article unless the agent notifies the client of the agent's
 113-34  reimbursement requirement and obtains the client's written consent
 113-35  for each fee charged before the agent incurs the expense for the
 113-36  client.
 113-37        SECTION 12.48.  Section (a), Article 21.35B, Insurance Code,
 113-38  is amended to read as follows:
 113-39        (a)  No payment may be solicited or collected by an insurer,
 113-40  its agent, or sponsoring organization in connection with an
 113-41  application for insurance or the issuance of a policy other than
 113-42  premiums, taxes, finance charges, policy fees, agent fees, service
 113-43  fees, inspection fees, or membership dues in a sponsoring
 113-44  organization.  The commissioner by rule shall permit sponsoring
 113-45  organizations to solicit voluntary contributions with a membership
 113-46  renewal solicitation when the membership renewal solicitation is
 113-47  separate from an insurance billing.
 113-48        SECTION 12.49.  Section (c), Article 23.23, Insurance Code,
 113-49  is amended to read as follows:
 113-50        (c)  Except as may be provided by a staggered renewal system
 113-51  adopted under Section 2(f), Article 21.01-2 <section (h)> of this
 113-52  code <article>, each license issued to agents of corporations
 113-53  complying with this chapter shall expire two years following the
 113-54  date of issue, unless prior thereto it is suspended or revoked by
 113-55  the Commissioner of Insurance or the authority of the agent to act
 113-56  for the corporation complying with this chapter is terminated.
 113-57        SECTION 12.50.  The following laws are repealed:
 113-58              (1)  Section 4(e), Article 1.14-2, Insurance Code;
 113-59              (2)  Sections 5, 6, and 7, Article 9.36, Insurance
 113-60  Code;
 113-61              (3)  Section C, Article 9.37, Insurance Code;
 113-62              (4)  Sections 2, 3, and 4, Article 9.42, Insurance
 113-63  Code;
 113-64              (5)  Section 3, Article 9.44, Insurance Code;
 113-65              (6)  Sections 6(d), (e), (f), and (g) and Section 8(c),
 113-66  Article 9.56, Insurance Code;
 113-67              (7)  Sections 15(h), (i), (j), (k), and (l), Texas
 113-68  Health Maintenance Organization Act (Section 20A.15, Vernon's Texas
 113-69  Insurance Code);
 113-70              (8)  Section 15A(j), Texas Health Maintenance
  114-1  Organization Act (Section 20A.15A, Vernon's Texas Insurance Code);
  114-2              (9)  Sections 4(e) and (f), Article 21.07, Insurance
  114-3  Code;
  114-4              (10)  Section 10(b), Article 21.07, Insurance Code;
  114-5              (11)  Sections 3A and 15A, Article 21.07, Insurance
  114-6  Code;
  114-7              (12)  Sections 5(e), 9(d) and (e), and 12(b), Chapter
  114-8  213, Acts of the 54th Legislature, Regular Session, 1955 (Article
  114-9  21.07-1, Vernon's Texas Insurance Code);
 114-10              (13)  Section 5A, Managing General Agents' Licensing
 114-11  Act (Article 21.07-3, Vernon's Texas Insurance Code);
 114-12              (14)  Sections 16(c), (d), and (e), Chapter 407, Acts
 114-13  of the 63rd Legislature, Regular Session, 1973 (Article 21.07-4,
 114-14  Vernon's Texas Insurance Code);
 114-15              (15)  Sections 3(j) and (k), Article 21.07-7, Insurance
 114-16  Code;
 114-17              (16)  Article 21.13, Insurance Code;
 114-18              (17)  Sections 4(e), 7a, and 17, Article 21.14,
 114-19  Insurance Code;
 114-20              (18)  Sections 6(f) and (h), Article 21.14-1, Insurance
 114-21  Code; and
 114-22              (19)  Sections (g), (h), (i), (j), (k), and (l),
 114-23  Article 23.23, Insurance Code.
 114-24        SECTION 12.51.  (a)  The change in law made by this article
 114-25  to Section 4A, Article 21.07, Insurance Code, does not affect the
 114-26  validity of a license issued under that section on or before the
 114-27  effective date of this Act.
 114-28        (b)  A person who holds a license issued under Section 4A,
 114-29  Article 21.07, Insurance Code, on or before the effective date of
 114-30  this Act may renew that license in accordance with Article 21.07,
 114-31  Insurance Code, as amended by this Act.  On renewal, the license
 114-32  shall be conformed to Section 4A, Article 21.07, Insurance Code, as
 114-33  amended by this Act, and a new license shall be issued in
 114-34  conformity with Section 4A(e), Article 21.07, Insurance Code, as
 114-35  amended by this Act.
 114-36        SECTION 12.52.  This article applies only to issuance or
 114-37  renewal of a license or discipline of a license holder on or after
 114-38  September 1, 1993.  Issuance or renewal of a license or discipline
 114-39  of a license holder before September 1, 1993, is governed by the
 114-40  law in effect immediately before the effective date of this Act,
 114-41  and that law is continued in effect for this purpose.
 114-42                    ARTICLE 13.  REINSURANCE ISSUES
 114-43        SECTION 13.01.  Article 3.10(a), Insurance Code, is amended
 114-44  to read as follows:
 114-45        (a)  Any insurer authorized to do the business of insurance
 114-46  in this state may reinsure in any solvent assuming insurer, any
 114-47  risk or part of a risk which both are authorized to assume;
 114-48  provided, however, no credit for reinsurance, either as an asset or
 114-49  a deduction of liability, may be taken by the ceding insurer except
 114-50  as provided in this article, and, provided further, no insurer
 114-51  operating under Section 2(a) of Article 3.02 shall reinsure any
 114-52  risk or part of a risk with any insurer which is not licensed to
 114-53  engage in the business of insurance in this state.  This article
 114-54  applies to all insurers regulated by the State Board of Insurance,
 114-55  including any stock and mutual life, accident, and health insurers,
 114-56  fraternal benefit societies, health maintenance organizations
 114-57  operating under the Texas Health Maintenance Organization Act
 114-58  (Chapter 20A, Vernon's Texas Insurance Code), and nonprofit
 114-59  hospital, medical, or dental service corporations, including
 114-60  companies subject to Chapter 20 of this code.  No such insurer
 114-61  shall have the power to reinsure its entire outstanding business to
 114-62  an assuming insurer unless the assuming insurer is licensed in this
 114-63  state and until the contract therefor shall be submitted to the
 114-64  Commissioner and approved by him as protecting fully the interests
 114-65  of all policy holders. This article does not apply to ceding
 114-66  insurers domiciled in another state that regulates credit for
 114-67  reinsurance under statutes, rules, or regulations substantially
 114-68  similar in substance or effect to this article.  To qualify for
 114-69  this exception, the ceding insurer must provide the Commissioner on
 114-70  request with evidence of the similarity in the form of statutes,
  115-1  rules, or regulations, and an interpretation of the statutes,
  115-2  rules, or regulations and the standards used by the state of
  115-3  domicile.  This article is supplementary to and cumulative of other
  115-4  provisions of this code and other insurance laws of this state
  115-5  relating to reinsurance to the extent those provisions are not in
  115-6  conflict with this article.
  115-7        SECTION 13.02.  Section 2(c), Article 4.11, Insurance Code,
  115-8  is amended to read as follows:
  115-9        (c)  "Gross premiums" are the total gross amount of all
 115-10  premiums, membership fees, assessments, dues, and any other
 115-11  considerations for such insurance received during the taxable year
 115-12  on each and every kind of such insurance policy or contract
 115-13  covering persons located in the State of Texas and arising from the
 115-14  types of insurance specified in Section 1 of this article, but
 115-15  deducting returned premiums, any dividends applied to purchase
 115-16  paid-up additions to insurance or to shorten the endowment or
 115-17  premium payment period, and excluding those premiums received from
 115-18  insurance carriers for reinsurance and there shall be no deduction
 115-19  for premiums paid for reinsurance.  For purposes of this article, a
 115-20  stop-loss or excess loss insurance policy issued to a health
 115-21  maintenance organization, as defined under the Texas Health
 115-22  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
 115-23  Code), shall be considered reinsurance.  Such gross premiums shall
 115-24  not include premiums received from the Treasury of the State of
 115-25  Texas or from the Treasury of the United States for insurance
 115-26  contracted for by the state or federal government for the purpose
 115-27  of providing welfare benefits to designated welfare recipients or
 115-28  for insurance contracted for by the state or federal government in
 115-29  accordance with or in furtherance of the provisions of Title 2,
 115-30  Human Resources Code, or the Federal Social Security Act.  The
 115-31  gross premiums receipts so reported shall not include the amount of
 115-32  premiums paid on group health, accident, and life policies in which
 115-33  the group covered by the policy consists of a single nonprofit
 115-34  trust established to provide coverage primarily for municipal or
 115-35  county employees of this state.
 115-36        SECTION 13.03.  Article 5.75-1(n), Insurance Code, is amended
 115-37  to read as follows:
 115-38        (n)  An insurer shall account for reinsurance agreements and
 115-39  shall record those agreements in the insurer's financial statements
 115-40  in a manner that accurately reflects the effect of the reinsurance
 115-41  agreements on the financial condition of the insurer.  The State
 115-42  Board of Insurance may adopt reasonable rules relating to the
 115-43  accounting and financial statement requirements of this subsection
 115-44  and the treatment of reinsurance agreements between insurers,
 115-45  including asset debits or credits, reinsurance debits or credits,
 115-46  and reserve debits or credits relating to the transfer of risks or
 115-47  liabilities by reinsurance agreements and to any contingencies
 115-48  arising from reinsurance agreements.  Reinsurance agreements may
 115-49  contain a provision allowing the offset of mutual debts and credits
 115-50  between the ceding insurer and the assuming insurer whether arising
 115-51  out of one or more reinsurance agreements.
 115-52        SECTION 13.04.  Section 6(a), Texas Health Maintenance
 115-53  Organization Act (Article 20A.06, Vernon's Texas Insurance Code),
 115-54  is amended to read as follows:
 115-55        (a)  The powers of a health maintenance organization include,
 115-56  but are not limited to, the following:
 115-57              (1)  the purchase, lease, construction, renovation,
 115-58  operation, or maintenance of hospitals, medical facilities, or
 115-59  both, and ancillary equipment and such property as may reasonably
 115-60  be required for its principal office or for such other purposes as
 115-61  may be necessary in the transaction of the business of the health
 115-62  maintenance organization;
 115-63              (2)  the making of loans to a medical group, under an
 115-64  independent contract with it in furtherance of its program, or
 115-65  corporations under its control, for the purpose of acquiring or
 115-66  constructing medical facilities and hospitals, or in the
 115-67  furtherance of a program providing health care services to
 115-68  enrollees;
 115-69              (3)  the furnishing of or arranging for medical care
 115-70  services only through physicians or groups of physicians who have
  116-1  independent contracts with the health maintenance organizations;
  116-2  the furnishing of or arranging for the delivery of health care
  116-3  services only through providers or groups of providers who are
  116-4  under contract with or employed by the health maintenance
  116-5  organization or through physicians or providers who have contracted
  116-6  for health care services with those physicians or providers, except
  116-7  for the furnishing of or authorization for emergency services,
  116-8  services by referral, and services to be provided outside of the
  116-9  service area as approved by the commissioner; provided, however,
 116-10  that a health maintenance organization is not authorized to employ
 116-11  or contract with physicians or providers in any manner which is
 116-12  prohibited by any licensing law of this state under which such
 116-13  physicians or providers are licensed;
 116-14              (4)  the contracting with any person for the
 116-15  performance on its behalf of certain functions such as marketing,
 116-16  enrollment, and administration;
 116-17              (5)  the contracting with an insurance company licensed
 116-18  in this state, or with a group hospital service corporation
 116-19  authorized to do business in the state, for the provision of
 116-20  insurance, reinsurance, indemnity, or reimbursement against the
 116-21  cost of health care and medical care services provided by the
 116-22  health maintenance organization;
 116-23              (6)  the offering of:
 116-24                    (A)  indemnity benefits covering out-of-area
 116-25  emergency services; and
 116-26                    (B)  indemnity benefits in addition to those
 116-27  relating to out-of-area and emergency services, provided through
 116-28  insurers or group hospital service corporations;
 116-29              (7)  receiving and accepting from government or private
 116-30  agencies payments covering all or part of the cost of the services
 116-31  provided or arranged for by the organization;
 116-32              (8)  all powers given to corporations (including
 116-33  professional corporations and associations), partnerships, and
 116-34  associations pursuant to their organizational documents which are
 116-35  not in conflict with provisions of this Act, or other applicable
 116-36  law.
 116-37        SECTION 13.05.  Article 5.75-1(b), Insurance Code, is amended
 116-38  to read as follows:
 116-39        (b)  Credit for reinsurance shall be allowed a ceding insurer
 116-40  as either an asset or a deduction from liability on account of
 116-41  reinsurance ceded only when:
 116-42              (1)  the reinsurance is ceded to an assuming insurer
 116-43  which is licensed to transact insurance or reinsurance in this
 116-44  state; or
 116-45              (2)  the reinsurance is ceded to an assuming insurer
 116-46  which is accredited as a reinsurer in this state.  An accredited
 116-47  reinsurer is one which:  submits to this state's jurisdiction;
 116-48  submits to this state's authority to examine its books and records;
 116-49  is domiciled and licensed to transact insurance or reinsurance in
 116-50  at least one state, or in the case of a United States branch of an
 116-51  alien assuming insurer is entered through and licensed to transact
 116-52  insurance or reinsurance in at least one state; files annually a
 116-53  copy of its annual statement, filed with the insurance department
 116-54  of its state of domicile, with the State Board of Insurance; and
 116-55  maintains a surplus as regards policyholders in an amount not less
 116-56  than $20 million; or
 116-57              (3)  the reinsurance is ceded to an assuming insurer
 116-58  which maintains a trust fund in a qualified United States financial
 116-59  institution, as defined in Subsection (e)(2), for the payment of
 116-60  the valid claims of its United States policyholders and ceding
 116-61  insurers, their assigns, and successors in interest.  The trusteed
 116-62  assuming insurer shall report annually not later than March 1 to
 116-63  the State Board of Insurance information substantially the same as
 116-64  that required to be reported on the NAIC Annual Statement form by
 116-65  licensed insurers to enable the State Board of Insurance to
 116-66  determine the sufficiency of the trust fund.  In the case of a
 116-67  single assuming insurer, the trust shall consist of a trusteed
 116-68  account representing the assuming insurer's liabilities
 116-69  attributable to business written in the United States and, in
 116-70  addition, include a trusteed surplus of not less than $20 million.
  117-1  In the case of a group of insurers, which group includes
  117-2  unincorporated individual insurers <individual unincorporated
  117-3  underwriters>, the trust shall consist of a trusteed account
  117-4  representing the group's liabilities attributable to business
  117-5  written in the United States and, in addition, include a trusteed
  117-6  surplus of not less than $100 million; and the group shall make
  117-7  available to the State Board of Insurance an annual certification
  117-8  by the group's domiciliary regulator and its independent public
  117-9  accountants of the solvency of each underwriter.  In the case of a
 117-10  group of incorporated insurers under common administration which
 117-11  has continuously transacted an insurance business for at least
 117-12  three years, which is under the supervision of the Department of
 117-13  Trade and Industry of the United Kingdom, and which has aggregate
 117-14  policyholder's surplus of $10 billion, the trust shall consist of a
 117-15  trusteed account representing the group's several liabilities
 117-16  attributable to business written in the United States pursuant to
 117-17  reinsurance contracts issued in the name of the group and, in
 117-18  addition, include a trusteed surplus of not less than $100 million
 117-19  which shall be held jointly for the benefit of United States
 117-20  insurers ceding business to any member of the group, and each
 117-21  member of the group shall make available to the State Board of
 117-22  Insurance an annual certification by the member's domiciliary
 117-23  regulator and its independent public accountants of the solvency of
 117-24  each member.  Such trust shall be established in a form approved by
 117-25  the State Board of Insurance.  The trust instrument shall provide
 117-26  that contested claims shall be valid and enforceable upon the final
 117-27  order of any court of competent jurisdiction in the United States.
 117-28  The trust shall vest legal title to its assets in the trustees of
 117-29  the trust for its United States policyholders and ceding insurers,
 117-30  their assigns, and successors in interest.  The trust and the
 117-31  assuming insurer shall be subject to examination as determined by
 117-32  the State Board of Insurance.  The trust described herein must
 117-33  remain in effect for as long as the assuming insurer shall have
 117-34  outstanding obligations due under the reinsurance agreements
 117-35  subject to the trust.  Not later than February 28 of each year the
 117-36  trustees of the trust shall report to the State Board of Insurance
 117-37  in writing setting forth the balance of the trust and listing the
 117-38  trust's investments at the preceding year end and shall certify the
 117-39  date of termination of the trust, if so planned, or certify that
 117-40  the trust shall not expire prior to the next following December 31;
 117-41  or
 117-42              (4)  the reinsurance is ceded to an assuming insurer
 117-43  not meeting the requirements of Subdivision (1), (2), or (3), but
 117-44  only with respect to the insurance of risks located in a
 117-45  jurisdiction where such reinsurance is required by applicable law
 117-46  or regulation of that jurisdiction to be ceded to an assuming
 117-47  insurer that does not meet the requirements of Subdivision (1),
 117-48  (2), or (3) of this subsection.
 117-49        SECTION 13.06.  Article 3.10(b), Insurance Code, is amended
 117-50  to read as follows:
 117-51        (b)  Credit for reinsurance shall be allowed a ceding insurer
 117-52  as either an asset or a deduction from liability on account of
 117-53  reinsurance ceded only when:
 117-54              (1)  the reinsurance is ceded to an assuming insurer
 117-55  which is licensed to transact insurance or reinsurance in this
 117-56  state; or
 117-57              (2)  the reinsurance is ceded to an assuming insurer
 117-58  which is accredited as a reinsurer in this state.  An accredited
 117-59  reinsurer is one which:  submits to this state's jurisdiction;
 117-60  submits to this state's authority to examine its books and records;
 117-61  is domiciled and licensed to transact insurance or reinsurance in
 117-62  at least one state, or in the case of a United States branch of an
 117-63  alien assuming insurer is entered through and licensed to transact
 117-64  insurance or reinsurance in at least one state; files annually a
 117-65  copy of its annual statement, filed with the insurance department
 117-66  of its state of domicile, with the State Board of Insurance; and
 117-67  maintains a surplus as regards policy holders in an amount not less
 117-68  than $20 million; or
 117-69              (3)  the reinsurance is ceded to an assuming insurer
 117-70  which maintains a trust fund in a qualified United States financial
  118-1  institution, as defined in Subsection (e)(2), for the payment of
  118-2  the valid claims of its United States policy holders and ceding
  118-3  insurers, their assigns, and successors in interest.  The trusteed
  118-4  assuming insurer shall report annually not later than March 1 to
  118-5  the State Board of Insurance information substantially the same as
  118-6  that required to be reported on the NAIC Annual Statement form by
  118-7  licensed insurers to enable the State Board of Insurance to
  118-8  determine the sufficiency of the trust fund.  In the case of a
  118-9  single assuming insurer, the trust shall consist of a trusteed
 118-10  account representing the assuming insurer's liabilities
 118-11  attributable to business written in the United States and, in
 118-12  addition, include a trusteed surplus of not less than $20 million.
 118-13  In the case of a group of insurers, which group includes
 118-14  unincorporated individual insurers <individual unincorporated
 118-15  underwriters>, the trust shall consist of a trusteed account
 118-16  representing the group's liabilities attributable to business
 118-17  written in the United States and, in addition, include a trusteed
 118-18  surplus of not less than $100 million and the group shall make
 118-19  available to the State Board of Insurance an annual certification
 118-20  by the group's domiciliary regulator and its independent public
 118-21  accountants of the solvency of each underwriter.  Such trust shall
 118-22  be established in a form approved by the State Board of Insurance.
 118-23  The trust instrument shall provide that contested claims shall be
 118-24  valid and enforceable upon the final order of any court of
 118-25  competent jurisdiction in the United States.  The trust shall vest
 118-26  legal title to its assets in the trustees of the trust for its
 118-27  United States policy holders and ceding insurers, their assigns,
 118-28  and successors in interest.  The trust and the assuming insurer
 118-29  shall be subject to examination as determined by the State Board of
 118-30  Insurance.  The trust described herein must remain in effect for as
 118-31  long as the assuming insurer shall have outstanding obligations due
 118-32  under the reinsurance agreements subject to the trust.  Not later
 118-33  than February 28 of each year the trustees of the trust shall
 118-34  report to the State Board of Insurance in writing setting forth the
 118-35  balance of the trust and listing the trust's investments at the
 118-36  preceding year end and shall certify the date of termination of the
 118-37  trust, if so planned, or certify that the trust shall not expire
 118-38  prior to the next following December 31; or
 118-39              (4)  the reinsurance is ceded to an assuming insurer
 118-40  not meeting the requirements of Subdivision (1), (2), or (3), but
 118-41  only with respect to the insurance of risks located in a
 118-42  jurisdiction where such reinsurance is required by applicable law
 118-43  or regulation of that jurisdiction to be ceded to an assuming
 118-44  insurer that does not meet the requirements of Subdivision (1),
 118-45  (2), or (3) of this subsection.
 118-46                 ARTICLE 14.  MOTOR VEHICLE INSURANCE
 118-47        SECTION 14.01.  Section 1B, Texas Motor Vehicle
 118-48  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 118-49  Statutes), is amended by amending Subsection (a) and adding
 118-50  Subsection (d) to read as follows:
 118-51        (a)  As a condition of operating a motor vehicle in this
 118-52  state, the operator of the motor vehicle shall furnish, on request
 118-53  of a peace officer or a person involved in an accident with the
 118-54  operator:
 118-55              (1)  a liability insurance policy in at least the
 118-56  minimum amounts required by this Act, or a photocopy of that
 118-57  policy, that covers the vehicle;
 118-58              (2)  a standard proof of liability insurance form
 118-59  promulgated by the Texas Department of Insurance and issued by a
 118-60  liability insurer that:
 118-61                    (A)  includes the name of the insurer;
 118-62                    (B)  includes the insurance policy number;
 118-63                    (C)  includes the policy period;
 118-64                    (D)  includes the name and address of each
 118-65  insured;
 118-66                    (E)  includes the policy limits or a statement
 118-67  that the coverage of the policy complies with at least the minimum
 118-68  amounts of liability insurance required by this Act; and
 118-69                    (F)  includes the make and model of each covered
 118-70  vehicle;
  119-1              (3)  an insurance binder that confirms that the
  119-2  operator is in compliance with this Act;
  119-3              (4)  a certificate or copy of a certificate issued by
  119-4  the department that shows the vehicle is covered by self-insurance;
  119-5              (5)  a certificate issued by the state treasurer that
  119-6  shows that the owner of the vehicle has on deposit with the
  119-7  treasurer money or securities in at least the amount required by
  119-8  Section 25 of this Act;
  119-9              (6)  a certificate issued by the department that shows
 119-10  that the vehicle is a vehicle for which a bond is on file with the
 119-11  department as provided by Section 24 of this Act; or
 119-12              (7)  a copy of a certificate issued by the county judge
 119-13  of a county in which the vehicle is registered that shows that the
 119-14  owner of the vehicle has on deposit with the county judge cash or a
 119-15  cashier's check in at least the amount required by Section 1A(b)(6)
 119-16  of this Act.
 119-17        (d)  A standard proof of liability insurance form described
 119-18  in Subsection (A)(2) of this section, or a document that is an
 119-19  unauthorized version of the form, is a governmental record for
 119-20  purposes of Chapter 37, Penal Code.  A standard proof of liability
 119-21  insurance form is unauthorized for purposes of this subsection if
 119-22  it is not issued by an insurer authorized to transact motor vehicle
 119-23  liability insurance in this state.
 119-24        SECTION 14.02.  Section 19, Texas Motor Vehicle
 119-25  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 119-26  Statutes), is amended by adding Subsection (c) to read as follows:
 119-27        (c)  A certificate described in Subsection (a) of this
 119-28  section, or a document that is an unauthorized version of the
 119-29  certificate, is a governmental record for purposes of Chapter 37,
 119-30  Penal Code.  A certificate is unauthorized for purposes of this
 119-31  subsection if it is not issued by an insurer authorized to transact
 119-32  motor vehicle liability insurance in this state.
 119-33        SECTION 14.03.  Subchapter F, Chapter 21, Insurance Code, is
 119-34  amended by adding Article 21.81 to read as follows:
 119-35        Art. 21.81.  TEXAS AUTOMOBILE INSURANCE PLAN ASSOCIATION
 119-36        Sec. 1.  DEFINITIONS.  In this article:
 119-37              (1)  "Association" means the Texas Automobile Insurance
 119-38  Plan Association established under this article.
 119-39              (2)  "Authorized insurer" means any insurer authorized
 119-40  by the Texas Department of Insurance to write motor vehicle
 119-41  liability coverage under the provisions of Chapter 5 of this code.
 119-42  The term does not include an insurer organized under Chapter 17 of
 119-43  this code.
 119-44              (3)  "Insurance" means an insurance policy that meets
 119-45  the requirements of the Texas Motor Vehicle Safety-Responsibility
 119-46  Act (Article 6701h, Vernon's Texas Civil Statutes).
 119-47              (4)  "Plan of operation" means the plan for operating
 119-48  the association to provide a means by which insurance may be
 119-49  assigned to an eligible person who is required by law to show proof
 119-50  of financial responsibility for the future.
 119-51        Sec. 2.  CREATION OF THE ASSOCIATION.  (a)  The Texas
 119-52  Automobile Insurance Plan Association is established.  The
 119-53  association is a nonprofit corporate body composed of all
 119-54  authorized insurers.  Each authorized insurer shall be a member of
 119-55  the association and shall remain a member of the association so
 119-56  long as the association is in existence as a condition of its
 119-57  authority to write motor vehicle liability insurance in this state.
 119-58        (b)  The association shall be administered by a governing
 119-59  committee composed of fifteen members selected as follows:
 119-60              (1)  eight members who represent the interests of
 119-61  insurers, elected by the members of the association according to a
 119-62  method determined by such members;
 119-63              (2)  five public members nominated by the Office of
 119-64  Public Insurance Counsel and selected by the commissioner; and
 119-65              (3)  two members who are licensed local recording
 119-66  agents, as defined by the plan of operation.
 119-67        (c)  To be eligible to serve on the governing committee as a
 119-68  representative of insurers, a person must be a full-time employee
 119-69  of an authorized insurer.
 119-70        (d)  A person may not serve on the governing committee as a
  120-1  public member if that person, an individual related to that person
  120-2  within the second degree of consanguinity or affinity, or an
  120-3  individual residing in the same household with that person is:
  120-4              (1)  required to be registered or licensed under this
  120-5  code or another insurance law of this state;
  120-6              (2)  employed by or acts as a consultant to a person
  120-7  required to be registered or licensed under this code or another
  120-8  insurance law of this state;
  120-9              (3)  the owner of, has a financial interest in, or
 120-10  participates in the management  of an organization required to be
 120-11  registered or licensed under this code or another insurance law of
 120-12  this state;
 120-13              (4)  an officer, employer, or consultant of an
 120-14  association in the field of insurance; or
 120-15              (5)  required to register as a lobbyist under Chapter
 120-16  305, Government Code.
 120-17        Sec. 3.  AUTHORITY OF THE ASSOCIATION; PLAN OF OPERATION.
 120-18  (a)  The governing committee has the responsibility for the
 120-19  administration of the association through the plan of operation.
 120-20  The association may collect funds from the member companies to
 120-21  provide for the operation of the association.  Assessments must be
 120-22  made upon member companies in proportion to their writings of motor
 120-23  vehicle liability insurance in this state.  If an assessment made
 120-24  upon a member insurer is not paid within a reasonable time, the
 120-25  association may bring an action to collect the assessment.  In
 120-26  addition, the association may report the failure to pay to the
 120-27  commissioner, who may institute a disciplinary action under Article
 120-28  1.10 of this code.  The association has the powers granted to
 120-29  nonprofit corporations under the Texas Non-Profit Corporation Act
 120-30  (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
 120-31        (b)  The plan of operation of the association must provide
 120-32  for the efficient, economical, fair, and nondiscriminatory
 120-33  administration of the association.
 120-34        (c)  Subject to the approval of the commissioner, the
 120-35  governing committee may make and amend the plan of operation.
 120-36        (d)  If the commissioner at any time believes that any part
 120-37  of the plan of operation is not in keeping with the purposes of the
 120-38  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 120-39  Vernon's Texas Civil Statutes), the commissioner shall notify the
 120-40  governing committee in writing so that the governing committee may
 120-41  take corrective action.
 120-42        (e)  Among other provisions, the plan of operation must
 120-43  contain incentive programs to encourage members to write insurance
 120-44  on a voluntary basis and to minimize the use of the association as
 120-45  a means to obtain insurance.  The incentive programs are effective
 120-46  on approval of the commissioner.  One of these programs shall
 120-47  target underserved geographic areas which shall be determined and
 120-48  designated by the commissioner by rule.  In determining which areas
 120-49  will be designated as underserved, the commissioner shall consider
 120-50  the availability of insurance, the number of uninsured drivers, the
 120-51  number of drivers insured through the association, and any other
 120-52  relevant factor.
 120-53        (f)  The plan of operation must include a voluntary,
 120-54  competitive limited assignment distribution plan that allows
 120-55  members to contract directly with a servicing carrier to accept
 120-56  assignments to that member by the association.  A servicing company
 120-57  must be an insurance company licensed to write automobile insurance
 120-58  in this state and is qualified if it has written automobile
 120-59  liability insurance in Texas for at least five years or is
 120-60  currently engaged as a servicing carrier for assigned risk
 120-61  automobile business in at least one other state.  After notice and
 120-62  hearing, the commissioner may prohibit an insurer from acting as a
 120-63  servicing carrier.  The terms of the contract between the servicing
 120-64  carrier and the insurer, including the buy-out fee, shall be
 120-65  determined by negotiation between the parties.  The governing
 120-66  committee may adopt reasonable rules for the conduct of business
 120-67  under the contract and may establish reasonable standards of
 120-68  eligibility for servicing carriers.
 120-69        Sec. 4.  DUTIES AND FUNCTIONS OF THE ASSOCIATION.  (a)  The
 120-70  association shall provide a means by which insurance may be
  121-1  assigned to an authorized insurance company for a person required
  121-2  by the Texas Motor Vehicle Safety-Responsibility Act (Article
  121-3  6701h, Vernon's Texas Civil Statutes) to show proof of financial
  121-4  responsibility for the future.
  121-5        (b)  An applicant is not eligible for insurance through the
  121-6  association unless the applicant and the servicing agent certify as
  121-7  part of the application to the association that the applicant has
  121-8  been rejected for insurance by at least two insurers licensed to do
  121-9  business in this state and actually writing automobile insurance in
 121-10  this state, including insurers that are not rate regulated.
 121-11        (c)  A person who obtains, from any source, excess private
 121-12  passenger auto liability insurance coverage over the minimum auto
 121-13  liability coverage required by law shall be ineligible for
 121-14  insurance through the association.  The coverage for the excess and
 121-15  basic limits policies is not affected by a violation of this
 121-16  section unless the insurer shows that the insured had actual
 121-17  knowledge that they were ineligible for coverage through the
 121-18  association.  An agent may not knowingly write excess private
 121-19  passenger auto liability insurance coverage if the minimum auto
 121-20  liability coverage required by law is provided through the
 121-21  association.  If an agent violates this section, the agent, after
 121-22  notice and hearing, is subject to the penalties provided by Section
 121-23  7, Article 1.10, of this code.
 121-24        Sec. 5.  RATES FOR INSURANCE.  (a)  At least annually, the
 121-25  commissioner shall conduct a hearing for the purpose of determining
 121-26  appropriate rates to be charged for insurance provided through the
 121-27  association.  The association may appear as a matter of right,
 121-28  shall be admitted as a party to present testimony at the hearing,
 121-29  and may file information for consideration by the rate board.  The
 121-30  rate board shall determine and prescribe rates that are just,
 121-31  reasonable, adequate, not excessive, not confiscatory, and not
 121-32  unfairly discriminatory for the risks to which they apply.  Rates
 121-33  shall be set in an amount sufficient to carry all claims to
 121-34  maturity and to meet the expenses incurred in the writing and
 121-35  servicing of the business.  In making its determination, the
 121-36  commissioner shall consider the reports of aggregated premiums
 121-37  earned and losses and expenses incurred in the writing of motor
 121-38  vehicle insurance through the plan collected under the statistical
 121-39  plan provided for by Subsection (b) of this section.
 121-40        (b)  The commissioner shall promulgate reasonable rules and
 121-41  statistical plans to be used by each insurer in the recording and
 121-42  reporting of its premium, loss, and expense experience which must
 121-43  be reported separately for business assigned to it and other data
 121-44  required by the board.
 121-45        Sec. 6.  IMMUNITY FROM LIABILITY.  (a)  The association, a
 121-46  member of the governing committee, and any employee of the
 121-47  association is not personally liable for any act performed in good
 121-48  faith within the scope of the person's authority as determined
 121-49  under this article or the plan of operation or for damages
 121-50  occasioned by his or her official acts or omissions except for an
 121-51  act or omission that is corrupt or malicious.  The association
 121-52  shall provide counsel to defend any action brought against a member
 121-53  of the governing committee or an employee by reason of the person's
 121-54  official act or omission whether or not at the time of the
 121-55  institution of the action the defendant has terminated service with
 121-56  the association.
 121-57        (b)  This section is cumulative with and does not affect or
 121-58  modify any common law or statutory privilege or immunity.
 121-59        SECTION 14.04.  Article 5.06, Insurance Code, is amended by
 121-60  adding Subsections (9) and (10) to read as follows:
 121-61        (9)  An insurance policy or other document evidencing proof
 121-62  of purchase of a personal automobile insurance policy written for a
 121-63  term of less than 30 days may not be used to obtain an original or
 121-64  renewal driver's license, an automobile registration or license
 121-65  plates, or a motor vehicle inspection certificate and must contain
 121-66  a statement as follows:
 121-67        "TEXAS LAW PROHIBITS USE OF THIS DOCUMENT TO OBTAIN A MOTOR
 121-68  VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL DRIVER'S
 121-69  LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES."
 121-70        (10)  Before accepting any premium or fee for a personal
  122-1  automobile insurance policy or binder for a term of less than 30
  122-2  days, an agent or insurer must make the following written
  122-3  disclosure to the applicant or insured:
  122-4        "TEXAS LAW PROHIBITS USE OF THIS POLICY OR BINDER TO OBTAIN A
  122-5  MOTOR VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL
  122-6  DRIVER'S LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES."
  122-7        SECTION 14.05.  Section 6(c), Chapter 173, Acts of the 47th
  122-8  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  122-9  Civil Statutes), is amended to read as follows:
 122-10        (c)  An application for an original or renewal driver's
 122-11  license must be accompanied by evidence of financial responsibility
 122-12  or a statement that the applicant does not own a motor vehicle for
 122-13  which maintenance of financial responsibility is required under the
 122-14  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 122-15  Vernon's Texas Civil Statutes). Evidence of financial
 122-16  responsibility presented under this subsection must be in at least
 122-17  the minimum amounts required by Subdivision 10, Section 1, Texas
 122-18  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
 122-19  Texas Civil Statutes), must cover each motor vehicle that the
 122-20  applicant owns and for which the applicant is required to maintain
 122-21  financial responsibility, and may be shown in the manner specified
 122-22  under Section 1B(a)<(b)> of that Act.  A personal automobile
 122-23  insurance policy used as evidence of financial responsibility under
 122-24  this subsection must be written for a term of 30 days or more as
 122-25  required by Article 5.06, Insurance Code.  A statement that the
 122-26  applicant does not own an applicable motor vehicle must be sworn to
 122-27  and signed by the applicant.
 122-28        SECTION 14.06.  Subsection (a), Section 2a, Chapter 88,
 122-29  General Laws, Acts of the 41st Legislature, 2nd Called Session,
 122-30  1929 (Article 6675a-2a, Vernon's Texas Civil Statutes), is amended
 122-31  to read as follows:
 122-32        (a)  The owner of a motor vehicle covered by Section 1A,
 122-33  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 122-34  Vernon's Texas Civil Statutes), shall submit with the application
 122-35  for registration under Section 3 of this Act evidence of financial
 122-36  responsibility that is <currently> valid.  A personal automobile
 122-37  insurance policy used as evidence of financial responsibility under
 122-38  this subsection must be written for a term of 30 days or more as
 122-39  required by Article 5.06, Insurance Code.
 122-40        SECTION 14.07.  Section 140(a), Uniform Act Regulating
 122-41  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
 122-42  is amended to read as follows:
 122-43        (a)  Every motor vehicle, trailer, semitrailer, pole trailer,
 122-44  or mobile home, registered in this state and operated on the
 122-45  highways of this state, shall have the tires, brake system
 122-46  (including power brake unit), lighting equipment, horns and warning
 122-47  devices, mirrors, windshield wipers, front seat belts in vehicles
 122-48  where seat belt anchorages were part of the manufacturer's original
 122-49  equipment on the vehicle, steering system (including power
 122-50  steering), wheel assembly, safety guards or flaps if required by
 122-51  Section 139A of this Act, tax decal if required by Section 141(d)
 122-52  of this Act, sunscreening devices unless the vehicle is exempt from
 122-53  sunscreen device restrictions under Section 134C(k) or (l) of this
 122-54  Act, exhaust system, and exhaust emission system inspected at
 122-55  state-appointed inspection stations or by State Inspectors as
 122-56  hereinafter provided.  Provisions relating to the inspection of
 122-57  trailers, semitrailers, pole trailers, or mobile homes shall not
 122-58  apply when the registered or gross weight of such vehicles and the
 122-59  load carried thereon is four thousand five hundred (4,500) pounds
 122-60  or less.  Only the mechanism and equipment designated in this
 122-61  section may be inspected, and the owner shall not be required to
 122-62  have any other equipment or part of his motor vehicle inspected as
 122-63  a prerequisite for the issuance of an inspection certificate.  At
 122-64  the time of inspection the owner or operator shall furnish evidence
 122-65  of financial responsibility.  The evidence of financial
 122-66  responsibility may be shown in the manner specified under Section
 122-67  1B(a)<(b)>, Texas Motor Vehicle Safety-Responsibility Act (Article
 122-68  6701h, Vernon's Texas Civil Statutes).  A personal automobile
 122-69  insurance policy used as evidence of financial responsibility under
 122-70  this subsection must be written for a term of 30 days or more as
  123-1  required by Article 5.06, Insurance Code.  An inspection
  123-2  certificate may not be issued for a vehicle for which the owner or
  123-3  operator fails to furnish the required evidence of financial
  123-4  responsibility.  An inspection facility or station is not liable to
  123-5  any person, including a third party, for issuing an inspection
  123-6  certificate in reliance on evidence of financial responsibility
  123-7  submitted to the facility or station.  If the inspection facility
  123-8  or station is the seller of a motor vehicle, the inspection
  123-9  facility or station may rely on an oral insurance binder.
 123-10        SECTION 14.08.  Section 35, Texas Motor Vehicle
 123-11  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 123-12  Statutes), is repealed.
 123-13        SECTION 14.09.  (a)  Not later than December 31, 1993, the
 123-14  plan of operation for the Texas Automobile Insurance Plan
 123-15  Association established under Article 21.81, Insurance Code, as
 123-16  added by this Act, shall include the limited assignment
 123-17  distribution plan required by Section 3(f) of that article.
 123-18        (b)  The administrative agency created under Section 35,
 123-19  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 123-20  Vernon's Texas Civil Statutes), shall continue to operate in
 123-21  accordance with that section as it existed immediately before the
 123-22  effective date of this Act until a governing committee is selected
 123-23  and a plan of operation for the Texas Automobile Insurance Plan
 123-24  Association is adopted and approved under Article 21.81, Insurance
 123-25  Code, as added by this Act.  On the effective date of the plan of
 123-26  operation, the administrative agency shall transfer all of its
 123-27  assets and obligations to the Texas Automobile Insurance Plan
 123-28  Association.  On and after the effective date of the plan of
 123-29  operation, the administrative agency established under Section 35,
 123-30  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 123-31  Vernon's Texas Civil Statutes), is abolished.
 123-32             ARTICLE 15.  WORKERS' COMPENSATION INSURANCE
 123-33        SECTION 15.01.  Section 4.06(d), Article 5.76-2, Insurance
 123-34  Code, is amended to read as follows:
 123-35        (d)  A policyholder in the facility who is insured under the
 123-36  rejected risk fund shall obtain a safety consultation if the
 123-37  employer:
 123-38              (1)  has a Texas <an> experience modifier greater than
 123-39  1.25;
 123-40              (2)  has a national experience modifier greater than
 123-41  1.25 and estimated premium allocable to Texas of $2,500 or more;
 123-42              (3) <(2)>  does not have an experience modifier but has
 123-43  had a loss ratio greater than 0.70 in at least two of the three
 123-44  most recent policy years for which information is available; or
 123-45              (4) <(3)>  has not been in business three years and
 123-46  meets criteria established by the commission, which may include the
 123-47  number and classification of employees, the policyholder's
 123-48  industry, and previous workers' compensation experience in this
 123-49  state or another jurisdiction.
 123-50        SECTION 15.02.  Section 10(c), Article 5.76-3, Insurance
 123-51  Code, is amended to read as follows:
 123-52        (c)  A policyholder in the fund who is insured under Article
 123-53  5.76-4 of this code shall obtain a safety consultation if the
 123-54  policyholder:
 123-55              (1)  has a Texas <an> experience modifier greater than
 123-56  1.25; <or>
 123-57              (2)  has a national experience modifier greater than
 123-58  1.25 and estimated premium allocable to Texas of $2,500 or more; or
 123-59              (3)  does not have an experience modifier but has had a
 123-60  loss ratio greater than 0.70 in at least two of the three most
 123-61  recent policy years for which information is available.
 123-62        SECTION 15.03.  Article 5.76-4(d), Insurance Code, is amended
 123-63  to read as follows:
 123-64        (d)  The fund shall decline to insure any risk if insuring
 123-65  that risk would cause the fund to exceed the premium-to-surplus
 123-66  ratios established by Article 5.76-3 of this code or if the risk is
 123-67  not in good faith entitled to insurance through the fund.  For
 123-68  purposes of this subsection only, "good faith" means honesty in
 123-69  fact in any conduct or transaction.
 123-70        SECTION 15.04.  Section 1.02(b), Texas Workers' Compensation
  124-1  Act (Article 8308-1.02, Vernon's Texas Civil Statutes), is amended
  124-2  to read as follows:
  124-3        (b)  The Texas Workers' Compensation Commission and the Texas
  124-4  Workers' Compensation Research Center are subject to Chapter 325,
  124-5  Government Code (Texas Sunset Act).  Unless continued in existence
  124-6  as provided by that chapter, the commission is abolished September
  124-7  1, 1995, and the research center is <and the legislative oversight
  124-8  committee are> abolished September 1, 1995.
  124-9        SECTION 15.05.  The heading to Article 2, Texas Workers'
 124-10  Compensation Act (Article 8308-1.01, et seq., Vernon's Texas Civil
 124-11  Statutes) is amended to read as follows:
 124-12         ARTICLE 2.  TEXAS WORKERS' COMPENSATION COMMISSION<;
 124-13                   LEGISLATIVE OVERSIGHT COMMITTEE>
 124-14        SECTION 15.06.  Chapter D, Article 2, Texas Workers'
 124-15  Compensation Act (Article 8308-2.01, et seq., Vernon's Texas Civil
 124-16  Statutes) is repealed.
 124-17                     ARTICLE 16.  TITLE INSURANCE
 124-18        SECTION 16.01.  Articles 9.02(a) and (i), Insurance Code,
 124-19  are amended to read as follows:
 124-20        (a)  "Title Insurance" means insuring, guaranteeing or
 124-21  indemnifying owners of real property or others interested therein
 124-22  against loss or damage suffered by reason of liens, encumbrances
 124-23  upon, or defects in the title to said property, and the invalidity
 124-24  or impairment of liens thereon, or doing any business in substance
 124-25  equivalent to any of the foregoing in a manner designed to evade
 124-26  the provisions of this Act.
 124-27        (i)  "Abstract plant" as used herein shall mean a
 124-28  geographical abstract plant such as is defined by the Board <from
 124-29  time to time> and the Board, in defining an abstract plant, shall
 124-30  require a geographically arranged plant, currently kept to date,
 124-31  that is found by the Board to be adequate for use in insuring
 124-32  titles, so as to provide for the safety and protection of the
 124-33  policyholders.
 124-34        SECTION 16.02.  Articles 9.03 and 9.07, Insurance Code, are
 124-35  amended to read as follows:
 124-36        Art. 9.03.  May Incorporate.  (a)  Private corporations may
 124-37  be created and licensed under this chapter to <for the following
 124-38  named purposes:>
 124-39              <(1)  To> compile and own or lease, or to acquire and
 124-40  own or lease, records or abstracts of title to lands and interests
 124-41  in land<;> and to insure titles to lands or interests therein, both
 124-42  in Texas and other jurisdictions <states of the United States>, and
 124-43  indemnify the owners of such lands, or the holders of interests in
 124-44  or liens on such lands, against loss or damage on account of
 124-45  incumbrances upon or defects in the title to such lands or
 124-46  interests therein; and in transactions in which title insurance is
 124-47  to be or is being issued, to supervise or approve the signing of
 124-48  legal instruments (but not the preparation of such instruments)
 124-49  affecting land titles, disbursement of funds, prorations, delivery
 124-50  of legal instruments, closing of deals, issuance of commitments for
 124-51  title insurance specifying the requirements for title insurance and
 124-52  the defects in title necessary to be cured or corrected.  Nothing<;
 124-53  provided, however, that nothing> herein contained shall authorize
 124-54  such corporation to practice law, as that term is defined by the
 124-55  courts of this state, and in the event of any conflict herein, this
 124-56  clause shall be controlling.
 124-57        (b)  A corporation described by Subsection (a) of this
 124-58  article <Such corporations> may also exercise the following powers
 124-59  by including same in the charter when filed originally, or by
 124-60  amendment:
 124-61              (1) <(2)>  To make and sell abstracts of title in any
 124-62  counties of Texas or other states;
 124-63              (2) <(3)>  To accumulate and lend money, to purchase,
 124-64  sell or deal in notes, bonds, and securities, but without banking
 124-65  privileges;
 124-66              (3) <(4)>  To act as trustee under any lawful trust
 124-67  committed to it by contract or will, appointment by any court
 124-68  having jurisdiction of the subject matter as trustee, receiver or
 124-69  guardian and as executor or guardian under the terms of any will
 124-70  and as any administrator of the estates of decedents under the
  125-1  appointment of the court.
  125-2        Art. 9.07.  Policy Forms and Premiums.  (a)  Corporations
  125-3  organized under this Chapter, as well as foreign corporations and
  125-4  those created under Subdivision 57, Article 1302, of the Revised
  125-5  Civil Statutes of 1925 before the repeal of that statute, or under
  125-6  Chapter 8 of this Code, or any other law insofar as the business of
  125-7  either may be the business of title insurance, shall operate in
  125-8  Texas under the control and supervision and under such uniform
  125-9  rules and regulations as to forms of policies and underwriting
 125-10  contracts and premiums therefor, and such underwriting standards
 125-11  and practices as may be <from time to time> prescribed by the
 125-12  Board; and no Texas or foreign corporation, whether incorporated
 125-13  under this Chapter or any other law of the State of Texas, shall be
 125-14  permitted to issue any title policy of any character, or
 125-15  underwriting contract, to delete any policy exclusion or to
 125-16  reinsure any portion of the risk assumed by any title policy, on
 125-17  Texas real property other than under this Chapter and under such
 125-18  rules and regulations.  No policy of title insurance, title
 125-19  insurance coverage, reinsurance of any risk assumed under any
 125-20  policy of title insurance, or any guarantee of any character made
 125-21  when insuring <on> Texas titles shall be issued or valid unless
 125-22  written by a corporation complying with the provisions of and
 125-23  authorized or qualified under this Chapter, except as is provided
 125-24  in Article 9.19D.  Before any premium rate provided for herein
 125-25  shall be fixed or charged, reasonable notice shall issue, and a
 125-26  hearing afforded to the title insurance companies and title
 125-27  insurance agents authorized or qualified under this Chapter and the
 125-28  public.  Under no circumstances may any title insurance company or
 125-29  title insurance agent use any form which is required under the
 125-30  provisions of this Chapter 9 to be promulgated or approved until
 125-31  the same shall have been so promulgated or approved by the Board.
 125-32        (b)  The Board shall have the duty to fix and promulgate the
 125-33  premium rates to be charged by title insurance companies and title
 125-34  insurance agents created or operating under this Chapter for
 125-35  policies of title insurance or other promulgated or approved forms,
 125-36  and the premiums therefor shall be paid in the due and ordinary
 125-37  course of business.  Premium rates for reinsurance as between title
 125-38  insurance companies qualified under this Chapter shall not be fixed
 125-39  or promulgated by the Board, and title insurance companies may set
 125-40  such premium rates for reinsurance as such title insurance
 125-41  companies shall agree upon.  Under no circumstance shall any
 125-42  premium be charged for any policy of title insurance or other
 125-43  promulgated or approved forms different from those fixed and
 125-44  promulgated by the Board, except for premiums charged for
 125-45  reinsurance.  The premium rates fixed by the Board shall be
 125-46  reasonable to the public and nonconfiscatory as to the title
 125-47  insurance companies and title insurance agents.   For the purpose
 125-48  of collecting data on which to determine the proper rates to be
 125-49  fixed, the Board shall require all title insurance companies and
 125-50  all title insurance agents operating in Texas to submit such
 125-51  information in such form as it may deem proper, all information as
 125-52  to loss experience, expense of operation, and other material matter
 125-53  for the Board's consideration.
 125-54        (c)  The Board shall hold a biennial <an annual> hearing not
 125-55  earlier than October 1 or later than December 15 of each
 125-56  even-numbered calendar year, to consider adoption of premium rates
 125-57  and such other matters and subjects relative to the regulation of
 125-58  the business of title insurance as may be requested by any title
 125-59  insurance company, any title insurance agent, any member of the
 125-60  public, or as the Board may determine necessary to consider.
 125-61  Proper notice of such public hearing and the items to be considered
 125-62  shall be made to the public and shall be sent direct to all title
 125-63  insurance companies and title insurance agents qualified or
 125-64  authorized to do business under this Chapter for at least four (4)
 125-65  weeks in advance of such hearing.
 125-66        (d)  Premium rates when once fixed shall not be changed until
 125-67  after a public hearing shall be had by the Board, after proper
 125-68  notice sent direct to all title insurance companies and title
 125-69  insurance agents qualified or authorized to do business under this
 125-70  Chapter, and after public notice in such manner as to give fair
  126-1  publicity thereto for at least four (4) weeks in advance.  The
  126-2  Board must call such additional hearings to consider premium rate
  126-3  changes at the request of a title insurance company or the office
  126-4  of public insurance counsel.
  126-5        (e)  The Board may, on its own motion, following notice as
  126-6  required for the biennial <annual> hearing hold at any time a
  126-7  public hearing to consider adoption of premium rates and such other
  126-8  matters and subjects relative to the regulation of the business of
  126-9  title insurance as the Board shall determine necessary or proper.
 126-10        (f)  Any title insurance company, any title insurance agent,
 126-11  or other person or association of persons interested, feeling
 126-12  injured by any action of the Board or the Commissioner with regard
 126-13  to premium rates or other action taken by the Board or the
 126-14  Commissioner, shall have the right to appeal in accordance with
 126-15  Article 1.04 of this code <file a suit in the District Court of
 126-16  Travis County, within thirty (30) days after the Board has made
 126-17  such order, to review the action.  Such cases shall be tried de
 126-18  novo in the District Court in accordance with the provisions of
 126-19  Article 21.80 of the Insurance Code and shall be governed by the
 126-20  same rules of evidence and procedure as other civil cases in said
 126-21  court; in which suit the court may enter a judgment setting aside
 126-22  the Board's order, or affirming, the action of the Board>.
 126-23        SECTION 16.03.  Chapter 9, Insurance Code, is amended by
 126-24  adding Article 9.07B to read as follows:
 126-25        Art. 9.07B.  ABSTRACT OF TITLE; COMMITMENT FOR TITLE
 126-26  INSURANCE DISTINGUISHED.  (a)  An abstract of title prepared from
 126-27  an abstract plant for a chain of title of real property described
 126-28  in the abstract of title is not title insurance, a commitment for
 126-29  title insurance, or any other title insurance form.
 126-30        (b)  The Board may not adopt regulations relating to
 126-31  abstracts of title.
 126-32        (c)  A "commitment for title insurance" means a title
 126-33  insurance form that offers to issue a title policy subject to
 126-34  stated exceptions, requirements, and terms.  The term includes a
 126-35  mortgagee title policy binder on an interim construction loan.  The
 126-36  commitment, binder, title policy, or other insurance form is not an
 126-37  abstract of title.  The commitment or binder constitutes a
 126-38  statement of the terms and conditions on which the title insurance
 126-39  company is willing to issue its policy.  The title insurance policy
 126-40  or other insurance form constitutes a statement of the terms and
 126-41  conditions of the indemnity under the title insurance policy or
 126-42  other form.
 126-43        SECTION 16.04.  Article 9.09, Insurance Code, is amended to
 126-44  read as follows:
 126-45        Art. 9.09.  Prohibiting Transacting of Other Kinds of
 126-46  Insurance by Title Insurance Companies or the Transacting of Title
 126-47  Insurance by Other Types of Insurance Companies.  Corporations,
 126-48  domestic or foreign, operating under this Chapter shall not
 126-49  transact, underwrite or issue any kind of insurance other than
 126-50  title insurance on real property; nor shall title insurance be
 126-51  transacted, underwritten or issued by any company transacting any
 126-52  other kinds of insurance<; provided, however, that the above
 126-53  prohibitions shall not apply as to any corporation, domestic or
 126-54  foreign, which on October 1, 1967 was transacting, underwriting and
 126-55  issuing within the State of Texas title insurance and any other
 126-56  kind of insurance.  Any corporation now organized and doing
 126-57  business under the provisions of Chapter 8 and actively writing
 126-58  title insurance shall be subject to all the provisions of this
 126-59  Chapter except Article 9.18 relating to investments>.
 126-60        SECTION 16.05.  Chapter 9, Insurance Code, is amended by
 126-61  adding Article 9.09A to read as follows:
 126-62        Art. 9.09A.  PROHIBITING UNMARKETABILITY OF TITLE INSURANCE.
 126-63  An insurance company may not insure against loss or damage by
 126-64  reason of unmarketability of title.  The commissioner may not
 126-65  promulgate rules or forms providing for that coverage.
 126-66        SECTION 16.06.  Article 9.17(a), Insurance Code, is amended
 126-67  to read as follows:
 126-68        (a)  All title insurance companies operating under the
 126-69  provisions of this Act shall at all times establish and maintain,
 126-70  in addition to other reserves, a reserve against (1) unpaid losses,
  127-1  and (2) loss expense for costs of defense of the insured and other
  127-2  costs expected to be paid to other parties in the defense,
  127-3  settlement, or processing of the claim under the terms of the title
  127-4  insurance policy, and shall calculate such reserves by making a
  127-5  careful estimate in each case of the loss and loss expense likely
  127-6  to be incurred, by reason of every claim presented, pursuant to
  127-7  notice from or on behalf of the insured, of a title defect in or
  127-8  lien or adverse claim against the title insured, that may result in
  127-9  a loss or cause expense to be incurred for the proper disposition
 127-10  of the claim.  The sums of items so estimated for payment of loss
 127-11  and costs of defense of the insured and other costs expected to be
 127-12  paid to other parties in the defense, settlement, or processing
 127-13  under the terms of the title insurance policy shall be the total
 127-14  expenses of such title insurance company.
 127-15        SECTION 16.07.  Articles 9.18 and 9.21, Insurance Code, are
 127-16  amended to read as follows:
 127-17        Art. 9.18.  Admissible Investments for Title Insurance
 127-18  Companies.  Investments of all title insurance companies operating
 127-19  under the provisions of this Act shall be held in cash or may be
 127-20  invested in the following:
 127-21        (a)  Any corporation organized under this Act having the
 127-22  right to do a title insurance business may invest as much as 50
 127-23  <fifty (50%)> percent of its capital stock in an abstract plant or
 127-24  plants, provided that the valuation to be placed upon such plant or
 127-25  plants shall be approved by the Board; provided, however, that if
 127-26  such corporation maintains with the Board the deposit of One
 127-27  Hundred Thousand Dollars ($100,000) in securities as provided in
 127-28  Article 9.12 of this Act, such of its capital in excess of 50
 127-29  <fifty (50%)> percent, as deemed necessary to its business by its
 127-30  board of directors may be invested in abstract plants; and provided
 127-31  further, that a corporation created or operating under the
 127-32  provisions of this Act may own or acquire more than one abstract
 127-33  plant in any one county but only one abstract plant in any one
 127-34  county is admissible as an investment.
 127-35        (b)  Those securities set forth in Article 3.39, Insurance
 127-36  Code, <as authorized investments for life insurance companies> and
 127-37  in authorized investments for title insurance companies under the
 127-38  laws of any other state in which the affected company may be
 127-39  authorized to do business from time to time.
 127-40        (c)  Real estate or any interest therein which may be:
 127-41              (1)  required for its convenient accommodation in the
 127-42  transaction of its business with reasonable regard to future needs;
 127-43              (2)  acquired in connection with a claim under a policy
 127-44  of title insurance;
 127-45              (3)  acquired in satisfaction or on account of loans,
 127-46  mortgages, liens, judgments or decrees, previously owing to it in
 127-47  the course of its business;
 127-48              (4)  acquired in part payment of the consideration of
 127-49  the sale of real property owned by it if the transaction shall
 127-50  result in a net reduction in the company's investment in real
 127-51  estate;
 127-52              (5)  reasonably necessary for the purpose of
 127-53  maintaining or enhancing the sale value of real property previously
 127-54  acquired or held by it under Subparagraphs (1), (2), (3) or (4) of
 127-55  this Section; provided, however, that no title insurance company
 127-56  shall hold any real estate acquired under Subparagraphs (2), (3) or
 127-57  (4) for more than ten (10) years without written approval of the
 127-58  Board.
 127-59        (d)  First mortgage notes secured by:
 127-60              (1)  abstract plants and connected personalty within or
 127-61  without the State of Texas;
 127-62              (2)  stock of title insurance agents within or without
 127-63  the State of Texas;
 127-64              (3)  construction contract or contracts for the purpose
 127-65  of building an abstract plant and connected personalty;
 127-66              (4)  any combination of two or more of items (1), (2),
 127-67  and (3).
 127-68        In no event shall the amount of any first mortgage note
 127-69  exceed 80 <eighty (80%)> percent of the appraised value of the
 127-70  security for such note as set out above.
  128-1        (e)  The shares of any federal home loan bank in the amount
  128-2  necessary to qualify for membership and any additional amounts
  128-3  approved by the Commissioner.
  128-4        (f)  Investments in foreign securities that are substantially
  128-5  of the same kinds, classes, and investment-grade as those eligible
  128-6  for investment under other provisions of this Article.  Unless the
  128-7  investment is also authorized under Subsection (b) of this Article
  128-8  the aggregate amount of foreign investments made under this Section
  128-9  may not exceed:
 128-10              (1)  five percent of the insurer's admitted assets at
 128-11  the last year end;
 128-12              (2)  two percent of the insurer's admitted assets at
 128-13  the last year end invested in the securities of all entities
 128-14  domiciled in any one foreign country; and
 128-15              (3)  one-half of one percent of the insurer's admitted
 128-16  assets at the last year end invested in the securities of any one
 128-17  individual entity domiciled in a foreign country.
 128-18        Any investments which do not <now> qualify under this Article
 128-19  <the provisions of Subsections (a), (b), (c), or (d) above> and
 128-20  which were owned by the title insurance company on October 1, 1967,
 128-21  <are owned as of the effective date of this Act shall> continue to
 128-22  qualify.
 128-23        If any otherwise valid investment which qualifies under the
 128-24  provisions of this Article shall exceed in amount any of the
 128-25  limitations on investment contained in this Article, it shall be
 128-26  inadmissible only to the extent that it exceeds such limitation.
 128-27        Art. 9.21.  Authority of Board of Insurance of the State of
 128-28  Texas.  (a)  If any company operating under the provisions of this
 128-29  Act shall engage in the characters of business described in
 128-30  Subdivisions (1) and (2) <and (3)> of Article 9.03 of this Act, in
 128-31  such manner as might bring it within the provision of any other
 128-32  regulatory statute now or hereafter to be in force within the State
 128-33  of Texas, all examination and regulation shall be exercised by the
 128-34  Board rather than any other state agency which may be named in such
 128-35  other laws, so long as such corporation engages in the title
 128-36  guaranty or insurance business.
 128-37        (b)  The Board is hereby vested with power and authority
 128-38  under this Act to promulgate and enforce rules and regulations
 128-39  prescribing underwriting standards and practices upon which title
 128-40  insurance contracts are to be issued, and is hereby further vested
 128-41  with the power and authority to define risks which may not be
 128-42  assumed under title insurance contracts, including risks that may
 128-43  not be assumed because of the insolvency of the parties to the
 128-44  transaction.  In addition, the Board is hereby vested with power
 128-45  and authority to promulgate and enforce all other such rules and
 128-46  regulations which in the discretion of the Board are deemed
 128-47  necessary to accomplish the purposes of this Act.
 128-48        SECTION 16.08.  Article 9.49, Insurance Code, is amended to
 128-49  read as follows:
 128-50        Art. 9.49.  Insured Closing.  (a)  Title insurance companies
 128-51  operating under the provisions of this chapter are hereby expressly
 128-52  authorized and empowered to issue upon request on real property
 128-53  transactions in this state at no charge whatever insured closing
 128-54  and settlement letters, in the form prescribed by the board, in
 128-55  connection with the closing and settlement of loans <made> by a
 128-56  title insurance agent or direct operation <agents> for any title
 128-57  insurance company operating under  the provisions of this chapter.
 128-58  Only <After January 1, 1976, only> the form prescribed by the board
 128-59  shall be used <thereafter>  in issuing such insured closing and
 128-60  settlement letters.  The liability of the title insurance company
 128-61  under a policy of title insurance that is issued shall not be
 128-62  changed or altered by the failure of the title insurance company to
 128-63  issue such insured closing and settlement letters <as authorized by
 128-64  this Article 9.49>.
 128-65        (b)  When an owner policy of title insurance is to be issued
 128-66  in connection with a real property transaction involving real
 128-67  property located in this state, only the title insurance company
 128-68  issuing that owner policy is hereby expressly authorized and
 128-69  empowered, at or before closing, to issue, upon written request, to
 128-70  the buyer or seller of the real property in connection with such
  129-1  closing and settlement by a title insurance agent or direct
  129-2  operation an insured closing and settlement letter, provided that
  129-3  the sale price of the real property exceeds the guaranty amount
  129-4  specified in Article 9.48 of this Insurance Code.  Only the form of
  129-5  letter and the manner of issuance prescribed by the board shall be
  129-6  used in issuing such buyer's or seller's insured closing and
  129-7  settlement letters.  The liability of the title insurance company
  129-8  under any issued policy of title insurance shall not be changed or
  129-9  altered by the failure of the title insurance company to issue the
 129-10  authorized buyer's or seller's insured closing and settlement
 129-11  letters.  The board may promulgate a charge, if any, to be made in
 129-12  the form and manner prescribed by the board for the issuance of
 129-13  each insured closing and settlement letter.
 129-14        SECTION 16.09.  This article applies only to a policy or
 129-15  contract of title insurance that is delivered, issued for delivery,
 129-16  or renewed on or after January 1, 1994.  A policy or contract
 129-17  delivered, issued for delivery, or renewed before January 1, 1994,
 129-18  is governed by the law that existed immediately before the
 129-19  effective date of this Act, and that law is continued in effect for
 129-20  that purpose.
 129-21        ARTICLE 17.  TEXAS CATASTROPHE PROPERTY INSURANCE POOL
 129-22        SECTION 17.01.  Section 3(d), Article 21.49, Insurance Code,
 129-23  is amended to read as follows:
 129-24        (d)  "Texas Windstorm and Hail Insurance" means deductible
 129-25  insurance against direct loss, and indirect losses resulting from a
 129-26  direct loss, to insurable property as a result of windstorm or
 129-27  hail, as such terms shall be defined and limited in policies and
 129-28  forms approved by the State Board of Insurance.
 129-29        SECTION 17.02.  Article 21.49, Insurance Code, is amended by
 129-30  adding Section 6B to read as follows:
 129-31        Sec. 6B.  ASSESSMENT FOR INSPECTIONS.  (a)  The board shall
 129-32  assess each insurer who provides property insurance in a first tier
 129-33  coastal county in accordance with this section.
 129-34        (b)  The total assessment under this section must be in the
 129-35  amount the board estimates is necessary to cover the cost of
 129-36  administration of the windstorm inspection program in the first
 129-37  tier coastal counties under Section 6A of this article in the state
 129-38  fiscal year in which the assessment is made, reduced by the total
 129-39  amount of fees the board estimates will be collected for that year
 129-40  under Section 6A(c) of this article.
 129-41        (c)  The assessment must be based on each insurer's
 129-42  proportionate share of the total extended coverage and other allied
 129-43  lines premium received by all insurers for property insurance in
 129-44  the first tier coastal counties in the calendar year preceding the
 129-45  year in which the assessment is made.  The board shall adopt  rules
 129-46  to implement the assessment of insurers under this section.
 129-47        (d)  For purposes of this section, "property insurance" means
 129-48  any commercial or residential policy promulgated or approved by the
 129-49  board that provides coverage for the perils of windstorm and hail,
 129-50  including a Texas Windstorm and Hail Insurance Policy.
 129-51        SECTION 17.03.  Sections 5(e), (h), and (l), Article 21.49,
 129-52  Insurance Code, are amended to read as follows:
 129-53        (e)  The Board may <shall> develop programs to improve the
 129-54  efficient operation of the Association, including a program
 129-55  designed to create incentives for insurers to write windstorm and
 129-56  hail insurance voluntarily to cover property located in a
 129-57  catastrophe area, especially property located on the barrier
 129-58  islands.  <The Board shall implement the incentive program not
 129-59  later than April 1, 1992.  The program shall be designed in a way
 129-60  that reduces the number of policies that are not written in the
 129-61  voluntary market in catastrophe areas by not less than 10 percent
 129-62  by January 1, 1993, not less than 25 percent by January 1, 1994,
 129-63  and not less than 40 percent by January 1, 1995, based on the
 129-64  number of risks underwritten by the Association on January 1, 1991.
 129-65  The Board shall report its results to the legislature on March 1 of
 129-66  each year beginning in 1993.>
 129-67        (h)  Members of the board of directors of the Association
 129-68  serve three-year staggered terms, with the terms of three members
 129-69  expiring on the third Tuesday of March of each year.  A person may
 129-70  hold a seat on the board of directors for not more than three
  130-1  consecutive full terms, not to exceed nine years <If an insurer
  130-2  member has been elected and served two full terms, such insurer
  130-3  shall provide for a reasonable rotation of persons designated by it
  130-4  to serve on the board>.
  130-5        (l)  If an occurrence or series of occurrences within the
  130-6  defined catastrophe area results in insured losses that result in
  130-7  tax credits under Section 19(4) of this article <in excess of $100
  130-8  million> in a single calendar year, the Association shall
  130-9  immediately notify the Board of that fact.  The Board on receiving
 130-10  notice shall immediately notify the Governor and appropriate
 130-11  committees of each house of the Legislature of the amount of
 130-12  insured losses eligible for tax credits under Section 19(4) of this
 130-13  article <in excess of $100 million>.
 130-14        SECTION 17.04.  Sections 8(h) and (i), Article 21.49,
 130-15  Insurance Code, are amended to read as follows:
 130-16        (h)  Each extended coverage benchmark rate, flexibility band,
 130-17  and promulgated rate established by the Board in accordance with
 130-18  Chapter 5, Insurance Code, must be uniform throughout the first
 130-19  tier of coastal counties.
 130-20        The rates for noncommercial windstorm and hail insurance
 130-21  written by the association before December 31, 1995, shall be 90
 130-22  percent of the modified extended coverage rates.  For purposes of
 130-23  this section, the modified extended coverage rate is the greater of
 130-24  the upper flexibility band for extended coverage established by the
 130-25  board under Article 5.101 of this code or 25 percent above the
 130-26  extended coverage benchmark rate established by the board under
 130-27  that article.
 130-28        The rates for noncommercial windstorm and hail insurance
 130-29  written by the association after December 31, 1995, shall be 90
 130-30  percent of <Rates, including extended coverage rates covering risks
 130-31  or classes of risks written by the Association before December 31,
 130-32  1995, may not exceed the benchmark rates promulgated by the Board
 130-33  under Subchapter M, Chapter 5, Insurance Code, for noncommercial
 130-34  lines of insurance.  Rates for noncommercial lines of insurance
 130-35  written by the Association on or after December 31, 1995, may not
 130-36  exceed> the manual rate for monoline extended coverage promulgated
 130-37  by the Board for noncommercial risks under Subchapter C, Chapter 5,
 130-38  Insurance Code.  Notwithstanding Article 5.13-2, Insurance Code,
 130-39  the Board shall promulgate a manual rate for commercial risks and
 130-40  classes of risks written by the Association in accordance with
 130-41  Subchapter C, Chapter 5, Insurance Code.  Article 5.13-2, Insurance
 130-42  Code, does not apply to the rates of insurance written by the
 130-43  Association.  The rates for commercial windstorm and hail insurance
 130-44  written by the Association shall be 90 percent of the manual rates
 130-45  for extended coverage promulgated by the Board for commercial risks
 130-46  under Subchapter C, Chapter 5, Insurance Code.
 130-47        If valid flood or rising water insurance coverage exists and
 130-48  is maintained on any risk being insured in the pool the State Board
 130-49  of Insurance may provide for a rate and reduction in rate of
 130-50  premium as may be appropriate.
 130-51        The catastrophe element of extended coverage rates
 130-52  promulgated by the Board under this Act applicable to commercial
 130-53  risks written by the Association shall be uniform throughout the
 130-54  seacoast territory and shall be based on all monoline extended
 130-55  coverage loss experience of all regulated insurers authorized to do
 130-56  business in this state, including the Association, for property
 130-57  located in the seacoast territory, using the most recent 30 years'
 130-58  experience available.  Surcharges collected in the past and used in
 130-59  the development of current manual rates may not be excluded from
 130-60  future rate development as long as those surcharges were collected
 130-61  during the experience period used by the Board.
 130-62        The association shall either establish a reinsurance program
 130-63  or enter into a contract as provided in Subsection (i) of this
 130-64  section.  The Texas Department of Insurance may approve any
 130-65  reinsurance program.  <The State Board of Insurance shall make
 130-66  provision by rule and regulation requiring catastrophe reserves as
 130-67  part of the premium received on risks or classes of risks located
 130-68  in a catastrophe area and shall approve a catastrophe reinsurance
 130-69  pool or program that is funded through the excess of premiums over
 130-70  losses in a calendar year and may approve a catastrophe reinsurance
  131-1  pool funded through assessments of members of the Association.  The
  131-2  amount required to be reserved for catastrophes (as such
  131-3  catastrophes are defined by the Board) shall be that portion of the
  131-4  pure premium as is actuarially made attributable, as ascertained by
  131-5  the Board, to prospective catastrophic loss.  The portion of the
  131-6  pure premium attributable to prospective catastrophic loss shall
  131-7  not be income and shall be unearned until the occurrence of an
  131-8  applicable catastrophe as defined and shall be held in trust by the
  131-9  pool or trustee of the pool until losses are paid therefrom under
 131-10  such reasonable rules and regulations as the State Board of
 131-11  Insurance shall prescribe or approve.>
 131-12        (i)  The association may enter into a written agreement with
 131-13  the Texas Department of Insurance under which the association
 131-14  members relinquish their net equity pursuant to the written
 131-15  agreement on an annual basis by making payments to a fund known as
 131-16  the catastrophe reserve trust fund to be held by the Texas
 131-17  Department of Insurance outside the state treasury to protect
 131-18  policyholders of the association and to reduce the potential for
 131-19  payments by members of the association giving rise to tax credits
 131-20  in the event of loss or losses.
 131-21        The catastrophe reserve trust fund shall be kept and
 131-22  maintained by the Texas Department of Insurance pursuant to the
 131-23  written agreement between the association, the Texas Department of
 131-24  Insurance, the state treasurer, and the comptroller.  Legal title
 131-25  to money and investments in the fund is in the Texas Department of
 131-26  Insurance unless or until paid out as provided by the written
 131-27  agreement.  The state treasurer, as custodian, shall administer the
 131-28  funds strictly and solely as provided by the agreement and the
 131-29  state may not take any action with respect to the fund other than
 131-30  as specified by this act and the agreement.
 131-31        On the effective date of an agreement, all funds held on
 131-32  behalf of or paid to the association under one or more reinsurance
 131-33  plans or programs may be immediately paid to the catastrophe
 131-34  reserve trust fund.  Thereafter, at the end of either each calendar
 131-35  year or policy year, the association may pay the net equity of a
 131-36  member, including all premium and other revenue of the association
 131-37  in excess of incurred losses and operating expenses to the
 131-38  catastrophe reserve trust fund or a reinsurance program approved by
 131-39  the Commissioner of Insurance.
 131-40        The written agreement shall establish the procedure relating
 131-41  to the disbursement of funds from the catastrophe reserve trust
 131-42  fund to policyholders in the event of an occurrence or series of
 131-43  occurrences within the defined catastrophe area that results in
 131-44  insured losses and operating expenses of the association greater
 131-45  than $100 million  <The Board annually shall promulgate extended
 131-46  coverage rates based on sound actuarial principles.  Rates for
 131-47  windstorm and hail insurance shall be 90 percent of the extended
 131-48  coverage rates.  Extended coverage rates shall be uniform
 131-49  throughout the first tier coastal counties.  The catastrophe
 131-50  element of extended coverage rates shall be uniform throughout the
 131-51  seacoast territory and shall be based on all monoline extended
 131-52  coverage loss experience of all regulated insurers authorized to do
 131-53  business in this state, including the Association, for property
 131-54  located in the seacoast territory, using the most recent 30 years'
 131-55  experience available.  Surcharges collected in the past and used in
 131-56  the development of current manual rates may not be excluded from
 131-57  future rate development as long as those surcharges were collected
 131-58  during the experience period used by the Board>.
 131-59        SECTION 17.05.  Article 21.49, Insurance Code, is amended by
 131-60  adding Section 8B to read as follows:
 131-61        Sec. 8B.  INDIRECT LOSSES; PERSONAL LINES.  (a)  Except as
 131-62  provided by Subsections (b) and (c) of this section, a policy of
 131-63  windstorm and hail insurance issued by the association for a
 131-64  dwelling, as that term is defined by the Texas Department of
 131-65  Insurance or their successors, must include coverage for
 131-66  wind-driven rain damage, regardless of whether an opening is made
 131-67  by the wind, loss of use, and consequential losses, according to
 131-68  forms approved by the board and for a premium paid by the insured
 131-69  based on rates established by rule adopted by the commissioner.  A
 131-70  policy of windstorm and hail insurance issued by the association
  132-1  for tenant contents of a dwelling or other residential building
  132-2  must include coverage for loss of use and consequential losses,
  132-3  according to forms approved by the board and for a premium paid by
  132-4  the insured based on rates established by rule adopted by the
  132-5  commissioner.  The association shall provide coverage under this
  132-6  section as directed by rule of the commissioner.
  132-7        (b)  The association is not required to offer coverage for
  132-8  indirect losses as provided by Subsection (a) of this section
  132-9  unless that coverage was excluded from a companion policy in the
 132-10  voluntary market.
 132-11        (c)  The association is not required to provide coverage for
 132-12  (1) "loss of use" if such "loss of use" is loss of rents or loss of
 132-13  rental value; or (2) "additional living expenses" when the property
 132-14  insured is a secondary or a non-primary residence.
 132-15        SECTION 17.06.  Sections 10, 12A, and 19, Article 21.49,
 132-16  Insurance Code, are amended to read as follows:
 132-17        Sec. 10.  Immunity From Liability.  There shall be no
 132-18  liability on the part of and no cause of action of any nature shall
 132-19  arise against a director of the association, the Board or any of
 132-20  its staff, the Association or its agents or employees, or against
 132-21  any participating insurer or its agents or employees, for any
 132-22  inspections made under the plan of operation or any statements made
 132-23  in good faith by them in any reports or communications concerning
 132-24  risks submitted to the Association, or at any administrative
 132-25  hearings conducted in connection therewith under the provisions of
 132-26  this Act.
 132-27        Sec. 12A.  Legal counsel.  The association shall establish a
 132-28  plan in its plan of operation under which the association's legal
 132-29  representation before the State Board of Insurance, the Texas
 132-30  Department of Insurance, and the Texas legislature is without
 132-31  conflict of interest or the appearance of a conflict of interest as
 132-32  defined in the Texas Disciplinary Rules of Professional Conduct.
 132-33  The association shall also adopt separate and distinct procedures
 132-34  for legal counsel in the handling of disputes involving
 132-35  policyholder claims against the association <is a state agency for
 132-36  purposes of employing or authorizing legal representation and shall
 132-37  be represented by the attorney general in the manner provided by
 132-38  general law for representation of any other state agency by the
 132-39  attorney general>.
 132-40        Sec. 19.  Payment of Losses <Exceeding $100 Million in Year>;
 132-41  Premium Tax Credit.  (a)  If, in any calendar year, an occurrence
 132-42  or series of occurrences within the defined catastrophe area
 132-43  results in insured losses and operating expenses of the association
 132-44  in excess of premium and other revenue of the association, any
 132-45  excess losses shall be paid as follows:
 132-46              (1)  $100 million shall be assessed to the members of
 132-47  the association with the proportion of the loss allocable to each
 132-48  insurer determined in the same manner as its participation in the
 132-49  association has been determined for the year under Section 5(c) of
 132-50  this Act;
 132-51              (2)  any losses in excess of $100 million shall be paid
 132-52  from either the catastrophe reserve trust fund established under
 132-53  Section 8(i) of this Act or any reinsurance program established by
 132-54  the association;
 132-55              (3)  for losses in excess of those paid under
 132-56  Subdivisions (1) and (2) of this subsection, an additional $200
 132-57  million shall be assessed to the members of the association with
 132-58  the proportion of the loss allocable to each insurer determined in
 132-59  the same manner as its participation in the association has been
 132-60  determined for the year under Section 5(c) of this Act; or
 132-61              (4)  any losses in excess of those paid under
 132-62  Subdivisions (1), (2), and (3) of this subsection shall be assessed
 132-63  against members of the association, with the proportion of the
 132-64  total loss allocable to each insurer determined in the same manner
 132-65  as its participation in the association has been determined for the
 132-66  year under Section 5(c) of this Act.
 132-67        (b)  An insurer may credit any amount paid in accordance with
 132-68  Subsection (a)(4) of this section in a calendar year against its
 132-69  premium tax under Article 4.10 of this code <In the event any
 132-70  occurrence or series of occurrences within the defined catastrophe
  133-1  area results in insured losses of the association totaling in
  133-2  excess of $100 million within a single calendar year, the
  133-3  proportion of the total loss allocable to each insurer shall be
  133-4  determined in the same manner as its participation in the
  133-5  association has been determined for the year under Subsection (c)
  133-6  of Section 5 of the Texas Catastrophe Insurance Pool Act, as
  133-7  amended, and any insurer which has paid its share of total losses
  133-8  exceeding $100 million in a calendar year shall be entitled to
  133-9  credit the amount of that excess share against its premium tax
 133-10  under Article 7064, Revised Civil Statutes of Texas, 1925, as
 133-11  amended>.  The tax credit herein authorized shall be allowed at a
 133-12  rate not to exceed 20 percent per year for five or more successive
 133-13  years following the year of payment of the claims.  The balance of
 133-14  payments paid by the insurer and not claimed as such tax credit may
 133-15  be reflected in the books and records of the insurer as an admitted
 133-16  asset of the insurer for all purposes, including exhibition in
 133-17  annual statements pursuant to Article 6.12 of this code <Insurance
 133-18  Code>.
 133-19        SECTION 17.07.  Section 8E, Article 21.49, Insurance Code, is
 133-20  repealed.
 133-21        SECTION 17.08.  (a)  Except as provided by Subsection (c) of
 133-22  this section, this article takes effect September 1, 1993.
 133-23        (b)  The change in law made to Article 21.49, Insurance Code,
 133-24  by this article applies only to an insurance policy that is
 133-25  delivered, issued for delivery, or renewed on or after October 1,
 133-26  1993.  An insurance policy that is delivered, issued for delivery,
 133-27  or renewed before October 1, 1993, is governed by the law as it
 133-28  existed immediately before the effective date of this article, and
 133-29  that law is continued in effect for that purpose.
 133-30        (c)  Section 17.02 of this article takes effect immediately.
 133-31  The State Board of Insurance may not make the first assessment
 133-32  under Section 6B, Article 21.49, Insurance Code, as added by this
 133-33  article, for windstorm and hail inspections before August 31, 1993.
 133-34  The first assessment must be in the amount the board estimates is
 133-35  necessary to cover the cost of administration of the windstorm
 133-36  inspection program in the first tier coastal counties under Article
 133-37  21.49, Insurance Code, in the period beginning September 1, 1993,
 133-38  and ending August 31, 1994, reduced by the total amount of fees the
 133-39  board estimates will be collected for that period under Section
 133-40  6A(c), Article 21.49, Insurance Code.
 133-41                              ARTICLE 18
 133-42    ADMISSION OF INSURERS ORGANIZED UNDER THE LAWS OF ANOTHER STATE
 133-43    OR ORGANIZED UNDER THE LAWS OF A FOREIGN COUNTRY USING TEXAS AS
 133-44                A STATE OF ENTRY INTO THE UNITED STATES
 133-45        SECTION 18.01.  Section 6, Article 3.01, Insurance Code, is
 133-46  amended to read as follows:
 133-47        Sec. 6.  The term "foreign company" means any life, accident
 133-48  or health insurance company organized under the laws of any other
 133-49  state or territory of the United States <or foreign country>.
 133-50        SECTION 18.02.  Article 3.01, Insurance Code, is amended by
 133-51  adding Sections 7A and 13 to read as follows:
 133-52        Sec. 7A.  The term "alien company" means any life, accident,
 133-53  or health insurance company organized under the laws of any foreign
 133-54  country.
 133-55        Sec. 13.  The "United States branch" means:
 133-56              (a)  the business unit through which business is
 133-57  transacted within the United States by an alien insurer;
 133-58              (b)  the assets and liabilities of the insurer within
 133-59  the United States pertaining to such business;
 133-60              (c)  the management powers pertaining to such business
 133-61  and to the assets and liabilities; or
 133-62              (d)  any combination of the foregoing.
 133-63        SECTION 18.03.  Subchapter B, Chapter 3, Insurance Code, is
 133-64  amended to read as follows:
 133-65               SUBCHAPTER B.  FOREIGN OR ALIEN COMPANIES
 133-66        Art. 3.20.  SCOPE.  This subchapter applies to any life
 133-67  insurance company, or accident insurance company, or life and
 133-68  accident, or health and accident, or life, health and accident
 133-69  insurance company, incorporated under the laws of any other state,
 133-70  territory or country, desiring to transact the business of such
  134-1  insurance in this State.
  134-2        Art. 3.20-1.  Statement to be Filed.  (a)  Any foreign or
  134-3  alien life insurance company, or accident insurance company, or
  134-4  life and accident, health and accident, or life, health and
  134-5  accident insurance company, incorporated under the laws of any
  134-6  other state, territory or country, desiring to transact the
  134-7  business of such insurance in this State, shall furnish the Texas
  134-8  Department of Insurance <said Board of Insurance Commissioners>
  134-9  with a written or printed statement under oath of the president or
 134-10  vice president, or treasurer and secretary of such company which
 134-11  statement shall show:
 134-12              1.  The name and locality of the company.
 134-13              2.  The amount of its capital stock.
 134-14              3.  The amount of its capital stock paid up.
 134-15              4.  The assets of the company, including:  first, the
 134-16  amount of cash on hand and in the hands of other persons, naming
 134-17  such persons and their residence; second, real estate unincumbered,
 134-18  where situated and its value; third, the bonds owned by the company
 134-19  and how they are secured, with the rate of interest thereon;
 134-20  fourth, debts due the company secured by mortgage, describing the
 134-21  property mortgaged and its market value; fifth, debts otherwise
 134-22  secured, stating how secured; sixth, debts for premiums; seventh,
 134-23  all other moneys and securities.
 134-24              5.  Amount of liabilities of the company, stating the
 134-25  name of the person or corporation to whom liable.
 134-26              6.  Losses adjusted and due.
 134-27              7.  Losses adjusted and not due.
 134-28              8.  Losses adjusted.
 134-29              9.  Losses in suspense and for what cause.
 134-30              10.  All other claims against the company, describing
 134-31  the same.
 134-32        The Department <Board of Insurance Commissioners> may require
 134-33  any additional facts to be shown by such annual statement.
 134-34        (b)  Each foreign <such> company shall be required to file a
 134-35  similar statement not later than March 1 of each year.
 134-36        (c)  Each alien company shall be required to file a financial
 134-37  statement as provided in Article 3.27-2 of this subchapter.
 134-38        Art. 3.21.  Articles of Incorporation to be Filed.  Any such
 134-39  foreign or alien insurance company shall accompany the statement
 134-40  required in the foregoing article with a certified copy of its acts
 134-41  or articles of incorporation, and all amendments thereto, and a
 134-42  copy of its by-laws, together with the name and residence of each
 134-43  of its officers and directors.  The same shall be certified under
 134-44  the hand of the president or secretary of such company.
 134-45        Art. 3.22.  Capital Stock and Surplus Requirements.  No
 134-46  <such> foreign or alien stock insurance company shall be licensed
 134-47  by the Department <Board of Insurance Commissioners> or shall
 134-48  transact any such business of insurance in this State unless such
 134-49  company is possessed of not less than the minimum capital and
 134-50  surplus required by this chapter of a similar domestic company in
 134-51  similar circumstances, including the same character of investments
 134-52  for its minimum capital and surplus.  No such foreign or alien
 134-53  mutual insurance company shall be licensed by the Department <Board
 134-54  of Insurance Commissioners> or shall transact any such business of
 134-55  insurance in this State unless such company is possessed of not
 134-56  less than the minimum free surplus required by Chapter 11 of this
 134-57  Code of a similar domestic company in similar circumstances
 134-58  including the same character of investments for its minimum free
 134-59  surplus.
 134-60        Art. 3.23.  ALIEN <FOREIGN> COMPANIES TO DEPOSIT.  (a)  No
 134-61  alien <such foreign> insurance company <incorporated by or
 134-62  organized under the laws of any foreign government,> shall transact
 134-63  business in this State, unless it shall first deposit and keep
 134-64  deposited with the Treasurer of this State, for the benefit of the
 134-65  policyholders of such company, citizens or residents of the United
 134-66  States, bonds or securities of the United States or the State of
 134-67  Texas in an <to the> amount at least equal to the minimum capital
 134-68  required to be maintained by a domestic stock insurer licensed to
 134-69  transact the same kind of insurance, or at least equal to one-half
 134-70  the minimum free surplus required to be maintained by a domestic
  135-1  mutual insurer licensed to transact the same kind of insurance <of
  135-2  One Hundred Thousand ($100,000.00) Dollars>.
  135-3        (b)  Upon approval of the commissioner in accordance with
  135-4  Article 3.27-1 of this subchapter, a licensed alien insurer may be
  135-5  permitted to deposit assets with a trustee or trustees for the
  135-6  security of its policyholders in the United States in lieu of
  135-7  making the deposit with the Treasurer of this State so long as such
  135-8  assets are composed of securities or bonds of the United States or
  135-9  this State and are maintained in accordance with provisions of
 135-10  Article 3.27-1 of this code.
 135-11        Art. 3.24.  DEPOSIT LIABLE FOR JUDGMENT; DURATION.  The
 135-12  deposit required by the preceding article shall be held liable to
 135-13  pay the judgments of policyholders of the insurer in the United
 135-14  States <in such company>, and may be so decreed by the court
 135-15  adjudicating the same.  It shall be maintained so long as any
 135-16  liability of the insurer arising out of its insurance transactions
 135-17  in the United States remains outstanding.
 135-18        Art. 3.24-1.  Certificate of Authority.  When a foreign or
 135-19  alien company has complied with the requirements of this Subchapter
 135-20  and all other requirements imposed on such company by law and has
 135-21  paid any deposit imposed by law, and the operational history of the
 135-22  company when reviewed in conjunction with its loss experience, the
 135-23  kinds and nature of risks insured, the financial condition of the
 135-24  company and its ownership, its proposed method of operation, its
 135-25  affiliations, its investments, any contracts leading to contingent
 135-26  liability or agreements in respect to guaranty and surety, other
 135-27  than insurance, and the ratio of total annual premium and net
 135-28  investment income to commission expenses, general insurance
 135-29  expenses, policy benefits paid and required policy reserve
 135-30  increases, indicates a condition such that the expanded operation
 135-31  of the company in this State or its operations outside this State
 135-32  will not create a condition which might be hazardous to its
 135-33  policyholders, creditors or the general public, the Commissioner
 135-34  shall file in the office the documents delivered to him and shall
 135-35  issue to the company a certificate of authority to transact in this
 135-36  State the kind or kinds of business specified therein.  Such
 135-37  certificate shall continue in full force and effect upon the
 135-38  condition that the company shall continue to comply with the laws
 135-39  of this State.
 135-40        Art. 3.25.  Law Deemed Accepted.  Each life insurance company
 135-41  not organized under the laws of this State, hereafter granted a
 135-42  certificate of authority to transact business in this State, shall
 135-43  be deemed to have accepted such certificate and to transact such
 135-44  business hereunder subject to the conditions and requirements that,
 135-45  after it shall cease to transact new business in this State under a
 135-46  certificate of authority, and so long as it shall continue to
 135-47  collect renewal premiums from citizens of this State, it shall be
 135-48  subject to the payment of the same occupation tax in proportion to
 135-49  its gross premiums during any year, from citizens of this State, as
 135-50  is or may be imposed by law on such companies transacting new
 135-51  business within this State, under certificates of authority during
 135-52  such year.  The rate of such tax to be so paid by any such company
 135-53  shall never exceed the rate imposed by law upon insurance companies
 135-54  transacting business in this State.  Each such company shall make
 135-55  the same reports of its gross premium receipts for each such year
 135-56  and within the same period as is or may be required of such
 135-57  companies holding certificates of authority and shall at all times
 135-58  be subject to examination by the Board of Insurance Commissioners
 135-59  or some one selected by it for that purpose, in the same way and to
 135-60  the same extent as is or may be required of companies transacting
 135-61  new business under certificates of authority in this State, the
 135-62  expenses of such examination to be paid by the company examined.
 135-63  The respective duties of the Board in certifying to the amount of
 135-64  such taxes and of the State Treasurer and Attorney General in their
 135-65  collection shall be the same as are or may be prescribed respecting
 135-66  taxes due from companies authorized to transact new business within
 135-67  this State.
 135-68        Art. 3.26.  WHEN ALIEN <FOREIGN> COMPANIES NEED NOT DEPOSIT.
 135-69  If the deposit required by Article 3.23 of this code has been made
 135-70  in any State of the United States, under the laws of such State, in
  136-1  such manner as to secure equally all the policyholders of such
  136-2  Company who are citizens and residents of the United States, then
  136-3  no deposit shall be required in this State; but a certificate of
  136-4  such deposit under the hand and seal of the officer of such other
  136-5  State with whom the same has been made shall be filed with the
  136-6  Department <Board of Insurance Commissioners>.
  136-7        Art. 3.27.  Companies Desiring to Loan Money.  Any life
  136-8  insurance company not desiring to engage in the business of writing
  136-9  life insurance in this State, but desiring to loan its funds in
 136-10  this State, may obtain a permit to do so from the Secretary of
 136-11  State by complying with the laws of this State relating to foreign
 136-12  corporations engaged in loaning money in this State, without being
 136-13  required to secure a certificate of authority to write life
 136-14  insurance in this State.
 136-15        Art. 3.27-1.  TRUSTEED ASSETS OF AN ALIEN INSURER.  (a)
 136-16  Assets which any authorized alien insurer is required or permitted
 136-17  by this subchapter to deposit with a trustee or trustees for the
 136-18  security of its policyholders in the United States shall be known
 136-19  as "trusteed assets".  All trusteed assets shall be continuously
 136-20  kept within the United States, and the trusteed assets of an alien
 136-21  insurer entering the United States through this State shall be kept
 136-22  continuously in this State.
 136-23        (b)  The deed of trust and all amendments to the deed of
 136-24  trust of such insurer shall be authenticated in such form and
 136-25  manner as prescribed by the commissioner, and shall not be
 136-26  effective unless approved by the commissioner.
 136-27        (c)  The commissioner shall give approval to a deed of trust
 136-28  if the commissioner finds:
 136-29              (1)  the deed of trust or its amendments are sufficient
 136-30  in form and are in conformity with applicable law;
 136-31              (2)  the trustee or trustees are eligible as such; and
 136-32              (3)  the deed of trust is adequate to protect the
 136-33  interests of the beneficiaries of the trust.
 136-34        (d)  If after notice and hearing the commissioner finds that
 136-35  the requisites for approval of the deed of trust no longer exist,
 136-36  the commissioner may withdraw approval.
 136-37        (e)  The commissioner may from time to time approve
 136-38  modifications of, or variations in any deed of trust, which in the
 136-39  commissioner's judgment are in the best interests of the
 136-40  policyholders of the alien insurer within the United States.
 136-41        (f)  The deed of trust shall contain provisions which:
 136-42              (1)  vest legal title to trusteed assets in the trustee
 136-43  or trustees and successors lawfully appointed, in trust for the
 136-44  security of all policyholders of the alien insurer within the
 136-45  United States;
 136-46              (2)  provide for substitution of a new trustee or
 136-47  trustees in the event of vacancy by death, resignation, or other
 136-48  incapacity, subject to the approval of the commissioner; and
 136-49              (3)  require that the trustee or trustees shall
 136-50  continuously maintain a record at all times sufficient to identify
 136-51  the assets of the trust fund.
 136-52        (g)  The deed of trust may provide that income, earnings,
 136-53  dividends, or interest accumulations of the assets of the fund may
 136-54  be paid over to the United States manager of the alien insurer,
 136-55  upon request.
 136-56        (h)  The deed of trust shall provide that no withdrawal of
 136-57  assets, other than income as specified in Subsection (g) of this
 136-58  article, shall be made or permitted by the trustee or trustees
 136-59  without prior written approval of the commissioner, except:
 136-60              (1)  to make deposits required by law in any state for
 136-61  the security or benefit of all policyholders of the alien insurer
 136-62  in the United States;
 136-63              (2)  to substitute other assets permitted by law and at
 136-64  least equal in value to those withdrawn upon the specific written
 136-65  direction of the United States manager or an assistant United
 136-66  States manager when duly empowered and acting pursuant to either
 136-67  general or specific written authority previously given or delegated
 136-68  by the board of directors; or
 136-69              (3)  to transfer such assets to an official liquidator
 136-70  or rehabilitator pursuant to an order of a court of competent
  137-1  jurisdiction.
  137-2        (i)  Upon withdrawal of trusteed assets deposited in another
  137-3  state in which the insurer is authorized to do business, the deed
  137-4  of trust may require similar written approval of the insurance
  137-5  supervising official of that state in lieu of approval of the
  137-6  commissioner as provided in Subsection (h) of this article.  In all
  137-7  such instances, the alien insurer shall notify the commissioner in
  137-8  writing of the nature and extent of the withdrawal.
  137-9        Art. 3.27-2.  TRUSTEED SURPLUS OF ALIEN INSURERS.  (a)  Every
 137-10  authorized alien insurer shall file with the Department a financial
 137-11  statement not later than March 1 of each year on a form prescribed
 137-12  by the commissioner showing at last year end the following:
 137-13              (1)  all its general deposits of assets within the
 137-14  United States deposited with officers of any state in trust for the
 137-15  exclusive benefit, security, and protection of its policyholders
 137-16  within the United States;
 137-17              (2)  all its special deposits of assets within the
 137-18  United States deposited with officers of any state in trust for the
 137-19  exclusive benefit, security, and protection of its policyholders
 137-20  within a particular state;
 137-21              (3)  all its trusteed assets within the United States
 137-22  held by a trustee or trustees for the exclusive benefit, security,
 137-23  and protection of all its policyholders within the United States;
 137-24              (4)  the amount of its policy loans to policyholders
 137-25  within the United States, not exceeding the amount of the legal
 137-26  reserve required on each such policy;
 137-27              (5)  all its reserves and other liabilities arising out
 137-28  of policies or obligations issued, assumed or incurred in the
 137-29  United States; and
 137-30              (6)  such further information as determined necessary
 137-31  to implement provisions of this article.
 137-32        (b)  In determining the net amount of an alien insurer's
 137-33  liabilities in the United States, a deduction may be made for the
 137-34  following:
 137-35              (1)  reinsurance on losses with insurers qualifying for
 137-36  credit, less unpaid reinsurance premiums, with a schedule showing
 137-37  by company the amount deducted; and
 137-38              (2)  unearned premiums on agents' balances or
 137-39  uncollected premiums not more than 90 days past due.  Any liability
 137-40  on an asset not considered in the statement may be applied against
 137-41  such asset.
 137-42        (c)  No credit shall be allowed in the statement for any
 137-43  special state deposit held for the exclusive benefit of
 137-44  policyholders of any particular state except as an offset against
 137-45  the liabilities of the alien insurer in that state.
 137-46        (d)  The accrued interest at the date of the statement on
 137-47  assets deposited with states and trustees shall be allowed in the
 137-48  statement where the interest is collected by the states or
 137-49  trustees.
 137-50        (e)  The aggregate value of the insurer's general state
 137-51  deposits and trusteed assets less the aggregate net amount of all
 137-52  its liabilities and reserves in the United States as determined in
 137-53  accordance with this section shall be known as its "trusteed"
 137-54  surplus in the United States.  Whenever it appears to the
 137-55  commissioner from any such statement or any report that an alien
 137-56  insurer's trusteed surplus is reduced below the greater of minimum
 137-57  capital required of, or the minimum surplus required to be
 137-58  maintained by, a domestic insurer licensed to transact the same
 137-59  kinds of insurance, the commissioner shall determine the amount of
 137-60  the impairment and order the insurer, through its United States
 137-61  manager or attorney, to eliminate the impairment within such period
 137-62  as the commissioner designates, not more than 90 days from service
 137-63  of the order.  The commissioner may also by order revoke or suspend
 137-64  the insurer's license or prohibit it from issuing new policies in
 137-65  the United States while the impairment exists.  If at the
 137-66  expiration of the designated period has not satisfied the
 137-67  commissioner that the impairment has been eliminated, the
 137-68  commissioner may proceed against such insurer pursuant to the
 137-69  provisions of Article 21.28-A of this code as an insurers whose
 137-70  further transaction of the business of insurance in the United
  138-1  States will be hazardous to its policyholders in the United States.
  138-2        (f)  The trusteed surplus statement shall be signed and
  138-3  verified by the United States manager, attorney-in-fact, or a duly
  138-4  empowered assistant United States manager of the alien insurer.
  138-5  The items of securities and other property held under trust deeds
  138-6  shall be certified to by the United States trustee or trustees.
  138-7  The commissioner may at any time and for any time period determined
  138-8  necessary require further statements of the same kind.
  138-9        Art. 3.27-3.  EXAMINATION OF ALIEN INSURERS.  (a)  The books,
 138-10  records, accounting, and verification pertaining to the trusteed
 138-11  assets of any authorized alien insurer are subject to examination
 138-12  by the Department or its duly appointed representative at the
 138-13  United States branch office of such insurer, in the same manner and
 138-14  to the same extent that applies under Articles 1.15 and 1.16 of
 138-15  this code to domestic and foreign insurers licensed to transact the
 138-16  same kind of insurance.
 138-17        (b)  The books, records, and accounting for trusteed assets
 138-18  shall be kept and maintained, in English, in the Texas branch
 138-19  office of any alien insurer entering the United States through this
 138-20  State.
 138-21        SECTION 18.04.  Article 21.43, Insurance Code, is amended to
 138-22  read as follows:
 138-23        Art. 21.43.  FOREIGN OR ALIEN INSURANCE CORPORATIONS
 138-24        Sec. 1.  DEFINITIONS.  In this article:
 138-25              (a)  The term "foreign insurance corporation" means any
 138-26  insurance company other than one subject to provisions of
 138-27  Subchapter B, Chapter 3, of this code organized under the laws of
 138-28  any other state or territory of the United States.
 138-29              (b)  The term "alien insurance corporation" means an
 138-30  insurance company other than one subject to provisions of
 138-31  Subchapter B, Chapter 3, of this code organized under the laws of
 138-32  any foreign country.
 138-33              (c)  The term "United States branch" means:
 138-34                    (1)  the business unit through which business is
 138-35  transacted within the United States by an alien insurer;
 138-36                    (2)  the assets and liabilities of the insurer
 138-37  within the United States pertaining to such business;
 138-38                    (3)  the management powers pertaining to such
 138-39  business and to the assets and liabilities; or
 138-40                    (4)  any combination of the foregoing.
 138-41        Sec. 2.  SCOPE.  This article applies to any insurance
 138-42  corporation other than one subject to Subchapter B, Chapter 3, of
 138-43  this code incorporated under the laws of any other state,
 138-44  territory, or country desiring to transact the business of
 138-45  insurance in this State.
 138-46        Sec. 3.  CERTIFICATE OF AUTHORITY REQUIRED.  (a)  It shall be
 138-47  unlawful, except as provided in Articles 1.14-1 and 1.14-2 of this
 138-48  code, for any foreign insurance corporation or alien insurance
 138-49  corporation of the type provided for in any chapter of this code to
 138-50  engage in the business of insuring others against losses which may
 138-51  be insured against under the laws of this state without initially
 138-52  procuring a certificate of authority from the commissioner of
 138-53  insurance permitting it to engage in those business activities.
 138-54        (b)  This article does not prohibit a foreign insurer from
 138-55  reinsuring a domestic insurer or prohibit the location in Texas of
 138-56  a company that does not directly insure either persons domiciled or
 138-57  other risks located in this state.
 138-58        Sec. 4.  ANNUAL FINANCIAL STATEMENT TO BE FILED.  (a)  Any
 138-59  foreign or alien insurance corporation desiring to transact the
 138-60  business of insurance in this state shall furnish the Texas
 138-61  Department of Insurance with copies of its annual financial
 138-62  statements for the two most recent years, certified by the
 138-63  commissioner or other insurance supervising official of the state
 138-64  or country in which the insurer is organized and incorporated.  The
 138-65  Department may require any additional facts to be shown by such
 138-66  annual statement.
 138-67        (b)  Each foreign insurance corporation shall be required to
 138-68  file a statement similar to that required in Subsection (a) not
 138-69  later than March 1 of each year.
 138-70        (c)  Each alien insurance corporation shall be required to
  139-1  file a financial statement as provided in Section 11 of this
  139-2  article.
  139-3        Sec. 5.  ARTICLES OF INCORPORATION TO BE FILED.  Any foreign
  139-4  or alien insurance corporation shall accompany the statement
  139-5  required in Section 4 of this article with a certified copy of its
  139-6  acts or articles of incorporation, and all amendments thereto, and
  139-7  a copy of its by-laws, together with the name and residence of each
  139-8  of its officers and directors.  These documents shall be certified
  139-9  under the hand of the president or secretary of such company.
 139-10        Sec. 6.  EXAMINATION REQUIRED.  Before issuing a certificate
 139-11  of authority to a foreign or alien insurance corporation to do
 139-12  business in this state, the commissioner shall either make an
 139-13  examination of the insurer at the expense of such insurer at its
 139-14  principal office within the United States or accept a report of an
 139-15  examination made by the insurance department or other insurance
 139-16  supervisory official of any other state or of any government of a
 139-17  foreign country.
 139-18        Sec. 7.  ALIEN CORPORATIONS TO DEPOSIT.  (a)  No alien
 139-19  insurance corporation shall transact business in this State, unless
 139-20  it shall first deposit and keep deposited with the Treasurer of
 139-21  this State, for the benefit of the policyholders of such company,
 139-22  citizens, or residents of the United States, bonds or securities of
 139-23  the United States or the State of Texas in an amount at least equal
 139-24  to the minimum capital required to be maintained by a domestic
 139-25  stock insurer licensed to transact the same kind of insurance, or
 139-26  at least equal to one-half the minimum free surplus required to be
 139-27  maintained by a domestic mutual insurer licensed to transact the
 139-28  same kind of insurance.
 139-29        (b)  Upon approval of the commissioner in accordance with
 139-30  Section 10 of this article, a licensed alien insurer may be
 139-31  permitted to deposit assets with a trustee or trustees for the
 139-32  security of its policyholders in the United States in lieu of
 139-33  making the deposit with the Treasurer of this State so long as such
 139-34  assets are composed of securities or bonds of the United States or
 139-35  this State and are maintained in accordance with provisions of
 139-36  Section 10 of this article.
 139-37        (c)  If the deposit required by Subsection (a) of this
 139-38  section has been made in any State of the United States, under the
 139-39  laws of such State, in such manner as to secure equally all the
 139-40  policyholders of such Company who are  citizens and residents of
 139-41  the United States, then no deposit shall be required in this State;
 139-42  but a certificate of such deposit under the hand and seal of the
 139-43  officer of such other State with whom the same has been made shall
 139-44  be filed with the Department.
 139-45        Sec. 8.  PURPOSE AND DURATION OF DEPOSIT.  The deposit
 139-46  required by Section 7 of this article shall be for the exclusive
 139-47  benefit, security, and protection of policyholders of the insurer
 139-48  in the United States.  It shall be maintained so long as any
 139-49  liability of the insurer arising out of its insurance transactions
 139-50  in the United States remains outstanding.
 139-51        Sec. 9.  TEXAS LAW DEEMED ACCEPTED.  The provisions of this
 139-52  code are conditions on which foreign or alien insurance
 139-53  corporations are permitted to do the business of insurance in this
 139-54  state, and any of the foreign or alien corporations engaged in
 139-55  issuing contracts or policies in this state are deemed to have
 139-56  agreed to fully comply with these provisions as a prerequisite to
 139-57  the right to engage in business in this state.
 139-58        Sec. 10.  TRUSTEED ASSETS OF ALIEN INSURANCE CORPORATIONS.
 139-59  (a)  Assets which any authorized alien insurer is required or
 139-60  permitted by this article to deposit with a trustee or trustees for
 139-61  the security of its policyholders in the United States shall be
 139-62  known as "trusteed assets."  All trusteed assets shall be
 139-63  continuously kept within the United States, and the trusteed assets
 139-64  of an alien insurer entering the United States through this State
 139-65  shall be kept continuously in this State.
 139-66        (b)  The deed of trust and all amendments to the deed of
 139-67  trust of such insurer shall be authenticated in such form and
 139-68  manner as prescribed by the commissioner and shall not be effective
 139-69  unless approved by the commissioner.
 139-70        (c)  The commissioner shall give approval to a deed of trust
  140-1  if the commissioner finds:
  140-2              (1)  the deed of trust or its amendments are sufficient
  140-3  in form and are in conformity with applicable law;
  140-4              (2)  the trustee or trustees are eligible as such; and
  140-5              (3)  the deed of trust is adequate to protect the
  140-6  interests of the beneficiaries of the trust.
  140-7        (d)  If after notice and hearing the commissioner finds that
  140-8  the requisites for approval of the deed of trust no longer exist,
  140-9  the commissioner may withdraw approval.
 140-10        (e)  The commissioner may from time to time approve
 140-11  modifications of, or variations in any deed of trust, which in the
 140-12  commissioner's judgment are in the best interests of the state.
 140-13        (f)  The deed of trust shall contain provisions which:
 140-14              (1)  vest legal title to trusteed assets in the trustee
 140-15  or trustees and successors lawfully appointed, in trust for the
 140-16  security of all policyholders of the alien insurer within the
 140-17  United States;
 140-18              (2)  provide for substitution of a new trustee or
 140-19  trustees in the event of vacancy by death, resignation, or other
 140-20  incapacity, subject to the approval of the commissioner; and
 140-21              (3)  require that the trustee or trustees shall
 140-22  continuously maintain a record at all times sufficient to identify
 140-23  the assets of the trust fund.
 140-24        (g)  The deed of trust may provide that income, earnings,
 140-25  dividends, or interest accumulations of the assets of the fund may
 140-26  be paid over to the United States manager of the alien insurer,
 140-27  upon request.
 140-28        (h)  The deed of trust shall provide that no withdrawal of
 140-29  assets, other than income as specified in Subsection (g) of this
 140-30  section, shall be made or permitted by the trustee or trustees
 140-31  without prior written approval of the commissioner, except:
 140-32              (1)  to make deposits required by law in any state for
 140-33  the security or benefit of all policyholders of the alien insurer
 140-34  in the United States;
 140-35              (2)  to substitute other assets permitted by law and at
 140-36  least equal in value to those withdrawn, upon the specific written
 140-37  direction of the United States manager or an assistant United
 140-38  States manager when duly empowered and acting pursuant to either
 140-39  general or specific written authority previously given or delegated
 140-40  by the board of directors; or
 140-41              (3)  to transfer such assets to an official liquidator
 140-42  or rehabilitator pursuant to an order of a court of competent
 140-43  jurisdiction.
 140-44        (i)  Upon withdrawal of trusteed assets deposited in another
 140-45  state in which the insurer is authorized to do business, the deed
 140-46  of trust may require similar written approval of the insurance
 140-47  supervising official of that state in lieu of approval of the
 140-48  commissioner as provided in Subsection (h) of this section.  In all
 140-49  such instances, the alien insurer shall notify the commissioner in
 140-50  writing of the nature and extent of the withdrawal.
 140-51        Sec. 11.  TRUSTEED SURPLUS OF ALIEN INSURANCE CORPORATIONS.
 140-52  (a)  Every authorized alien insurer shall file with the Department
 140-53  a financial statement not later than March 1 of each year on a form
 140-54  prescribed by the commissioner showing at last year end the
 140-55  following:
 140-56              (1)  all its general deposits of assets within the
 140-57  United States  deposited with officers of any state in trust for
 140-58  the exclusive benefit, security, and protection of its
 140-59  policyholders within the United States;
 140-60              (2)  all its special deposits of assets within the
 140-61  United States  deposited with officers of any state in trust for
 140-62  the exclusive benefit, security, and protection of its
 140-63  policyholders within a particular state;
 140-64              (3)  all its trusteed assets within the United States
 140-65  held by a trustee or trustees for the exclusive benefit, security,
 140-66  and protection of all its policyholders within the United States;
 140-67              (4)  all its reserves and other liabilities arising out
 140-68  of policies or obligations issued, assumed, or incurred in the
 140-69  United States; and
 140-70              (5)  such further information as determined necessary
  141-1  to implement provisions of this section.
  141-2        (b)  In determining the net amount of an alien insurer's
  141-3  liabilities in the United States, a deduction may be made for the
  141-4  following:
  141-5              (1)  reinsurance on losses with insurers qualifying for
  141-6  credit, less unpaid reinsurance premiums, with a schedule showing
  141-7  by company the amount deducted; and
  141-8              (2)  unearned premiums on agents' balances or
  141-9  uncollected premiums not more than 90 days past due.  Any liability
 141-10  on an asset not considered in the statement may be applied against
 141-11  such asset.
 141-12        (c)  No credit shall be allowed in the statement for any
 141-13  special state deposit held for the exclusive benefit of
 141-14  policyholders of any particular state except as an offset against
 141-15  the liabilities of the alien insurer in that state.
 141-16        (d)  The accrued interest at the date of the statement on
 141-17  assets deposited with states and trustees shall be allowed in the
 141-18  statement where the  interest is collected by the states or
 141-19  trustees.
 141-20        (e)  The aggregate value of the insurer's general state
 141-21  deposits and trusteed assets less the aggregate net amount of all
 141-22  its liabilities and reserves in the United States as determined in
 141-23  accordance with this section shall be known as its "trusteed"
 141-24  surplus in the United States.  Whenever it appears to the
 141-25  commissioner from any such statement or any report that an alien
 141-26  insurer's trusteed surplus is reduced below the greater of minimum
 141-27  capital required of, or the minimum surplus required to be
 141-28  maintained by, a domestic insurer licensed to transact the same
 141-29  kinds of insurance, the commissioner shall determine the amount of
 141-30  the impairment and order the insurer, through its United States
 141-31  manager or attorney, to eliminate the impairment within such period
 141-32  as the commissioner designates, not more than 90 days from service
 141-33  of the order.  The commissioner may also by order revoke or suspend
 141-34  the insurer's license or prohibit it from issuing new policies in
 141-35  the United States while the impairment exists.  If at the
 141-36  expiration of the designated period has not satisfied the
 141-37  commissioner that the impairment has been eliminated, the
 141-38  commissioner may proceed against such insurer pursuant to the
 141-39  provisions of Article 21.28-A of this code as an insurer whose
 141-40  further transaction of the business of insurance in the United
 141-41  States will be hazardous to its policyholders in the United States.
 141-42        (f)  The trusteed surplus statement shall be signed and
 141-43  verified by the United States manager, attorney-in-fact, or a duly
 141-44  empowered assistant United States manager of the alien insurer.
 141-45  The items of securities and other property held under trust deeds
 141-46  shall be certified to by the United States trustee or trustees.
 141-47  The commissioner may at any time and for any time period determined
 141-48  necessary require further statements of the same kind.
 141-49        Sec. 12.  EXAMINATION OF ALIEN INSURANCE CORPORATIONS.
 141-50  (a)  The books, records, accounting, and verification pertaining to
 141-51  the trusteed assets of any authorized alien insurer are subject to
 141-52  examination by the Department or its duly appointed representative
 141-53  at the United States branch office of such insurer in the same
 141-54  manner and to the same extent that applies under Articles 1.15 and
 141-55  1.16 of this code to domestic and foreign insurers licensed to
 141-56  transact the same kind of insurance.
 141-57        (b)  The books, records, and accounting for trusteed assets
 141-58  shall be kept and maintained, in English, in the Texas branch
 141-59  office of any alien insurer entering the United States through this
 141-60  State.
 141-61        Sec. 13.  MISCELLANEOUS PROVISIONS.  (a)  <It shall be
 141-62  unlawful, except as is provided for surplus lines in Articles
 141-63  1.14-1 and 1.14-2 of this code, for any foreign insurance
 141-64  corporation of the type provided for in any chapter of this code to
 141-65  engage in the business of insuring others against losses which may
 141-66  be insured against under the laws of this state without initially
 141-67  procuring a certificate of authority from the commissioner of
 141-68  insurance permitting it to engage in those business activities.>
 141-69        <(b)  This article does not prohibit a foreign insurer from
 141-70  reinsuring a domestic insurer or prohibit the location in Texas of
  142-1  a company that does not directly insure either persons domiciled or
  142-2  other risks located in this state.>
  142-3        <(c)  The provisions of this code are conditions on which the
  142-4  foreign insurance corporations are permitted to do business in this
  142-5  state, and any of the foreign corporations engaged in issuing
  142-6  contracts or policies in this state are deemed to have agreed to
  142-7  these conditions as a prerequisite to the right to engage in
  142-8  business in this state.>
  142-9        <(d)>  A foreign or alien insurance corporation may not be
 142-10  denied permission to do business in this state on the ground that
 142-11  all of its authorized capital stock has not been fully subscribed
 142-12  and paid for if:
 142-13              (1)  at least the minimum dollar amount of capital
 142-14  stock of the corporation required by the laws of this state (which
 142-15  may be less than all of its authorized capital stock) has been
 142-16  subscribed and paid for;
 142-17              (2)  it has at least the minimum dollar amount of
 142-18  surplus required by the laws of this state for the kinds of
 142-19  business the corporation seeks to write; and
 142-20              (3)  the corporation has fully complied with the laws
 142-21  of its domiciliary state or country relating to authorization and
 142-22  issuance of capital stock.
 142-23        (b) <(e)>  A foreign casualty insurer may not be required to
 142-24  make or maintain the deposit required of domestic casualty insurers
 142-25  by Article 8.05 of this code if a similar deposit has been made in
 142-26  any state of the United States, under the laws of that state, in a
 142-27  manner that secures equally all the policyholders of the company
 142-28  who are citizens and residents of the United States.  A certificate
 142-29  of the deposit under the signature and seal of the officer of the
 142-30  other state with whom the deposit is made must be filed with the
 142-31  department <board>.
 142-32        (c) <(f)>  A foreign or alien insurance corporation subject
 142-33  to this code may not be denied permission to do business in this
 142-34  state because the name of the corporation is the same as, or
 142-35  deceptively similar to, the name of any domestic corporation
 142-36  existing under the laws of this state or of any foreign  or alien
 142-37  corporation authorized to transact business in this state if the
 142-38  foreign or alien insurance corporation:
 142-39              (1)  files an assumed name certificate setting forth a
 142-40  name permitted under the laws of this state with the Texas
 142-41  Department <State Board> of Insurance and with any county clerks as
 142-42  provided by Section 36.10 or 36.11, Business & Commerce Code; and
 142-43              (2)  does not transact or conduct any business in this
 142-44  state except under the assumed name.
 142-45        (d) <(g)>  No action on or involving any contract entered
 142-46  into in this state between an insurance corporation and a resident
 142-47  of this state shall be commenced in or transferred to a court in
 142-48  another state without the consent of the resident of this state.
 142-49        SECTION 18.05.  Article 21.44, Insurance Code, is amended to
 142-50  read as follows:
 142-51        Art. 21.44.  CAPITAL AND SURPLUS REQUIREMENTS FOR FOREIGN OR
 142-52  ALIEN INSURANCE COMPANIES OTHER THAN LIFE.  No foreign or alien
 142-53  insurance  company subject to the provisions of Article 21.43 of
 142-54  this code <other than one doing a life insurance business> shall be
 142-55  permitted to do business within this State unless it shall have and
 142-56  maintain the minimum requirements of this Code as to capital or
 142-57  surplus or both, applicable to companies organized under this Code
 142-58  doing the same kind or kinds of business.
 142-59                  ARTICLE 19.  HEALTH CARE PROVIDERS
 142-60        SECTION 19.01.  Subsection (B), Section 2, Chapter 397, Acts
 142-61  of the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
 142-62  Insurance Code), is amended to read as follows:
 142-63        (B)  No policy of accident and sickness insurance shall make
 142-64  benefits contingent upon treatment or examination by a particular
 142-65  practitioner or by particular practitioners of the healing arts
 142-66  hereinafter designated unless such policy contains a provision
 142-67  designating the practitioner or practitioners who will be
 142-68  recognized by the insurer and those who will not be recognized by
 142-69  the insurer.  Such provision may be located in the "Exceptions" or
 142-70  "Exceptions and Reductions" provisions, or elsewhere in the policy,
  143-1  or by endorsement attached to the policy, at the insurer's option.
  143-2  In designating the practitioners who will and will not be
  143-3  recognized, such provision shall use the following terms:  Doctor
  143-4  of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
  143-5  Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
  143-6  Audiologist, Licensed Speech-language Pathologist, Doctor in
  143-7  Psychology, Certified Social Worker--Advanced Clinical
  143-8  Practitioner, Licensed Dietitian, Licensed Professional Counselor,
  143-9  <and> Licensed Marriage and Family Therapist, and Licensed Hearing
 143-10  Aid Fitter and Dispenser.
 143-11        For purposes of this Act, such designations shall have the
 143-12  following meanings:
 143-13        Doctor of Medicine:  One licensed by the Texas State Board of
 143-14  Medical Examiners on the basis of the degree "Doctor of Medicine";
 143-15        Doctor of Osteopathy:  One licensed by the Texas State Board
 143-16  of Medical Examiners on the basis of the degree of "Doctor of
 143-17  Osteopathy";
 143-18        Doctor of Dentistry:  One licensed by the State Board of
 143-19  Dental Examiners;
 143-20        Doctor of Chiropractic:  One licensed by the Texas Board of
 143-21  Chiropractic Examiners;
 143-22        Doctor of Optometry:  One licensed by the Texas Optometry
 143-23  Board;
 143-24        Doctor of Podiatry:  One licensed by the State Board of
 143-25  Podiatry Examiners;
 143-26        Licensed Audiologist:  One with a master's or doctorate
 143-27  degree in audiology from an accredited college or university and
 143-28  who is licensed as an audiologist by the State Committee of
 143-29  Examiners for Speech-Language Pathology and Audiology <certified by
 143-30  the American Speech-language and Hearing Association>;
 143-31        Licensed Speech-language Pathologist:  One with a master's or
 143-32  doctorate degree in speech pathology or speech-language pathology
 143-33  from an accredited college or university and who is licensed as a
 143-34  speech-language pathologist by the State Committee of Examiners for
 143-35  Speech-Language Pathology and Audiology <certified by the American
 143-36  Speech-language and Hearing Association>;
 143-37        Doctor in Psychology:  One licensed by the Texas State Board
 143-38  of Examiners of Psychologists and certified as a Health Service
 143-39  Provider;
 143-40        Certified Social Worker--Advanced Clinical Practitioner:  One
 143-41  certified by the Texas Department of Human Services as a Certified
 143-42  Social Worker with the order of recognition of Advanced Clinical
 143-43  Practitioner;
 143-44        Licensed Dietitian:  One licensed by the Texas State Board of
 143-45  Examiners of Dietitians;
 143-46        Licensed Professional Counselor:  One licensed by the Texas
 143-47  State Board of Examiners of Professional Counselors; <and>
 143-48        Licensed Marriage and Family Therapist:  One licensed by the
 143-49  Texas State Board of Examiners of Marriage and Family Therapists;
 143-50  and
 143-51        Licensed Hearing Aid Fitter and Dispenser:  One licensed by
 143-52  the Texas Board of Examiners in the Fitting and Dispensing of
 143-53  Hearing Aids.
 143-54        SECTION 19.02.  Sections 1 and 3, Article 21.52, Insurance
 143-55  Code, as amended by Chapters 242 and 824, Acts of the 72nd
 143-56  Legislature, Regular Session, 1991, are reenacted and amended to
 143-57  read as follows:
 143-58        Sec. 1.  DEFINITIONS.  As used in this article:
 143-59              (a)  "health insurance policy" means any individual,
 143-60  group, blanket, or franchise insurance policy, insurance agreement,
 143-61  or group hospital service contract, providing benefits for medical
 143-62  or surgical expenses incurred as a result of an accident or
 143-63  sickness;
 143-64              (b)  "doctor of podiatric medicine" includes D.P.M.,
 143-65  podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
 143-66              (c)  "doctor of optometry" includes optometrist, doctor
 143-67  of optometry, and O.D.;
 143-68              (d)  "doctor of chiropractic" means a person who is
 143-69  licensed by the Texas Board of Chiropractic Examiners to practice
 143-70  chiropractic;
  144-1              (e)  "licensed dentist" means a person who is licensed
  144-2  to practice dentistry by the State Board of Dental Examiners;
  144-3              (f)  "licensed audiologist" means a person who has
  144-4  received a master's or doctorate degree in audiology from an
  144-5  accredited college or university and is licensed as an audiologist
  144-6  by the State Committee of Examiners for Speech-Language Pathology
  144-7  and Audiology <certified by the American Speech-language and
  144-8  Hearing Association>;
  144-9              (g)  "licensed speech-language pathologist" means a
 144-10  person who has received a master's or doctorate degree in
 144-11  speech-language pathology from an accredited college or university
 144-12  and is licensed as a speech-language pathologist by the State
 144-13  Committee of Examiners for Speech-Language Pathology and Audiology
 144-14  <certified by the American Speech-language and Hearing Association
 144-15  to restore speech loss or correct a speech impairment>;
 144-16              (h)  "certified social worker--advanced clinical
 144-17  practitioner" means a person who is certified by the Texas
 144-18  Department of Human Services as a certified social worker with the
 144-19  order of recognition of advanced clinical practitioner;
 144-20              (i)  "licensed dietitian" means a person who is
 144-21  licensed by the Texas State Board of Examiners of Dietitians;
 144-22              (j)  "licensed professional counselor" means a person
 144-23  who is licensed by the Texas State Board of Examiners of
 144-24  Professional Counselors; <and>
 144-25              (k)  "psychologist" means a person licensed to practice
 144-26  psychology by the Texas State Board of Examiners of Psychologists;
 144-27              (l) <(k)>  "licensed marriage and family therapist"
 144-28  means a person who is licensed by the Texas State Board of
 144-29  Examiners of Marriage and Family Therapists; and
 144-30              (m)  "licensed hearing aid fitter and dispenser" means
 144-31  a person who is licensed by the Texas Board of Examiners in the
 144-32  Fitting and Dispensing of Hearing Aids.
 144-33        Sec. 3.  SELECTION OF PRACTITIONERS.  Any person who is
 144-34  issued, who is a party to, or who is a beneficiary under any health
 144-35  insurance policy delivered, renewed, or issued for delivery in this
 144-36  state by any insurance company, association, or organization to
 144-37  which this article applies may select a licensed doctor of
 144-38  podiatric medicine, a licensed dentist, or a doctor of chiropractic
 144-39  to perform the medical or surgical services or procedures scheduled
 144-40  in the policy which fall within the scope of the license of that
 144-41  practitioner, a licensed doctor of optometry to perform the
 144-42  services or procedures scheduled in the policy which fall within
 144-43  the scope of the license of that doctor of optometry, a licensed
 144-44  <an>  audiologist to measure hearing for the purpose of determining
 144-45  the presence or extent of a hearing loss and to provide aural
 144-46  rehabilitation services to a person with a hearing loss if those
 144-47  services or procedures are scheduled in the policy, a licensed
 144-48  speech-language pathologist to evaluate speech and language and to
 144-49  provide habilitative and rehabilitative services to restore speech
 144-50  or language loss or to correct a speech or language impairment if
 144-51  those services or procedures are scheduled in the policy, a
 144-52  certified social worker--advanced clinical practitioner to provide
 144-53  the services that fall within the scope of the license of such
 144-54  certified practitioner and which are specified as services within
 144-55  the terms of the policy of insurance, including the provision of
 144-56  direct, diagnostic, preventive, or clinical services to
 144-57  individuals, families, and groups whose functioning is threatened
 144-58  or affected by social or psychological stress or health impairment,
 144-59  if those services or procedures are scheduled in the policy, a
 144-60  licensed dietitian including a provisional licensed dietitian under
 144-61  a licensed dietitian's supervision to provide the services that
 144-62  fall within the scope of the license of that dietitian if those
 144-63  services are scheduled in the policy, a licensed professional
 144-64  counselor to provide the services that fall within the scope of the
 144-65  license of that professional if those services are scheduled in the
 144-66  policy, <or> a licensed marriage and family therapist to provide
 144-67  the services that fall within the scope of the license of that
 144-68  professional if those services are scheduled in the policy, <or> a
 144-69  psychologist to perform the services or procedures scheduled in the
 144-70  policy that fall within the scope of the license of that
  145-1  psychologist, or a licensed hearing aid fitter and dispenser to
  145-2  provide the services or procedures scheduled in the policy that
  145-3  fall within the scope of the license of that practitioner.  The
  145-4  services of a certified social worker--advanced clinical
  145-5  practitioner, licensed professional counselor, or licensed marriage
  145-6  and family therapist that are included in this Act may require a
  145-7  professional recommendation by a doctor of medicine or doctor of
  145-8  osteopathy unless the health insurance policy terms do not require
  145-9  such a recommendation.  The payment or reimbursement by the
 145-10  insurance company, association, or organization for those services
 145-11  or procedures in accordance with the payment schedule or the
 145-12  payment provisions in the policy shall not be denied because the
 145-13  same were performed by a licensed doctor of podiatric medicine, a
 145-14  licensed doctor of optometry, a licensed doctor of chiropractic, a
 145-15  licensed dentist, a licensed <an> audiologist, a licensed
 145-16  speech-language pathologist, a certified social worker--advanced
 145-17  clinical practitioner, a licensed dietitian, a licensed
 145-18  professional counselor, <or> a licensed marriage and family
 145-19  therapist, <or> a psychologist, or a licensed hearing aid fitter
 145-20  and dispenser.  There shall not be any classification,
 145-21  differentiation, or other discrimination in the payment schedule or
 145-22  the payment provisions in a health insurance policy, nor in the
 145-23  amount or manner of payment or reimbursement thereunder, between
 145-24  scheduled services or procedures when performed by a doctor of
 145-25  podiatric medicine, a doctor of optometry, a doctor of
 145-26  chiropractic, a licensed dentist, a licensed <an> audiologist, a
 145-27  licensed speech-language pathologist, a certified social
 145-28  worker--advanced clinical practitioner, a licensed dietitian, a
 145-29  licensed professional counselor, <or> a licensed marriage and
 145-30  family therapist, <or> a psychologist, or a licensed hearing aid
 145-31  fitter and dispenser which fall within the scope of his license or
 145-32  certification and the same services or procedures when performed by
 145-33  any other practitioner of the healing arts whose services or
 145-34  procedures are covered by the policy.  Any provision in a health
 145-35  insurance policy contrary to or in conflict with the provisions of
 145-36  this article shall, to the extent of the conflict, be void, but
 145-37  such invalidity shall not affect the validity of the other
 145-38  provisions of this policy.  Any presently approved policy form
 145-39  containing any provision in conflict with the requirements of this
 145-40  Act shall be brought into compliance with this Act by the use of
 145-41  riders and endorsements which have been approved by the State Board
 145-42  of Insurance or by the filing of new or revised policy forms for
 145-43  approval by the State Board of Insurance.
 145-44        SECTION 19.03.  The Texas Health Maintenance Organization Act
 145-45  (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
 145-46  Section 6A to read as follows:
 145-47        Sec. 6A.  GROUP MODEL HEALTH MAINTENANCE ORGANIZATIONS.  (a)
 145-48  Unless this section and the powers specified in Section 6(a) of
 145-49  this Act are specifically amended by law, a law, whether enacted
 145-50  before or after this enactment of this section, may not be
 145-51  construed to prohibit or restrict a group model health maintenance
 145-52  organization from:
 145-53              (1)  selectively contracting with or declining to
 145-54  contract with any or all providers as the health maintenance
 145-55  organization considers necessary;
 145-56              (2)  contracting for or declining to contract for an
 145-57  individual health care service or full range of health care
 145-58  services as the health maintenance organization considers
 145-59  necessary, if the service or services may be legally provided by
 145-60  the contracting provider; or
 145-61              (3)  requiring enrolled members of the health
 145-62  maintenance organization who wish to obtain the services covered by
 145-63  the health maintenance organization to use the providers specified
 145-64  by the health maintenance organization.
 145-65        (b)  For purposes of this section "group model health
 145-66  maintenance organization" means a health maintenance organization
 145-67  that provides the majority of its professional services through a
 145-68  single group medical practice that is formally affiliated with the
 145-69  medical school component of a Texas, state-supported, public
 145-70  college or university.
  146-1        SECTION 19.04.  Article 21.52, Insurance Code, is amended by
  146-2  adding Section 4 to read as follows:
  146-3        Sec. 4.  PROVIDER CONTRACTORS.  Each person who arranges
  146-4  contracts with providers on behalf of a health maintenance
  146-5  organization or health insurer shall comply with laws relating to
  146-6  the duties of the health maintenance organization or health insurer
  146-7  to notify and consider providers for those contracts.  A violation
  146-8  of this section constitutes restraint of trade and is an unlawful
  146-9  practice under Section 15.05, Business & Commerce Code.
 146-10        SECTION 19.05.  (a)  Section 6, Article 21.52B, Insurance
 146-11  Code, is repealed.
 146-12        (b)  This section takes effect August 30, 1993.
 146-13        SECTION 19.06.  (a)  The Legislature hereby creates an
 146-14  interim select committee to study the impact of requiring a health
 146-15  insurance policy or health  maintenance organization to allow any
 146-16  qualified provider who is a physician, physician's assistant,
 146-17  advanced nurse practitioner, or any class of provider enumerated in
 146-18  Articles 21.52 and 21.52B, Insurance Code, to participate as a
 146-19  contracting provider for such policy or plan.
 146-20        (b)  The committee is composed of:
 146-21              (1)  three members of the senate, appointed by the
 146-22  lieutenant governor; and
 146-23              (2)  three members of the house of representatives,
 146-24  appointed by the speaker of the house of representatives.
 146-25        (c)  Not later than December 1, 1994, the committee shall
 146-26  report its findings and any recommendations for changes in the law
 146-27  to the 74th Legislature.
 146-28        SECTION 19.07.  Sections 20.01 and 20.02 of this article
 146-29  apply only to an insurance policy that is delivered, issued for
 146-30  delivery, or renewed on or after January 1, 1994.  An insurance
 146-31  policy that is delivered, issued for delivery, or renewed before
 146-32  January 1, 1994, is governed by the law as it existed immediately
 146-33  before the effective date of this Act, and that law is continued in
 146-34  effect for that purpose.
 146-35   ARTICLE 20.  PARTICULAR FUNCTIONS OF THE STATE BOARD OF INSURANCE
 146-36        SECTION 20.01.  Subchapter B, Chapter 21, Insurance Code, is
 146-37  amended by adding Article 21.20-1 to read as follows:
 146-38        Art. 21.20-1.  RULES RESTRICTING COMPETITIVE BIDDING OR
 146-39  ADVERTISING.  The commissioner may not adopt rules restricting
 146-40  competitive bidding or advertising by a person regulated by the
 146-41  department except to prohibit false, misleading, or deceptive
 146-42  practices by the person.
 146-43        SECTION 20.02.  Section 2, Article 1.10D, Insurance Code, is
 146-44  amended by adding Subsection (d-1) to read as follows:
 146-45        (d-1)  An authorized governmental agency and any state
 146-46  licensing agency shall furnish any materials, documents, reports,
 146-47  complaints, or other evidence to the insurance fraud unit on the
 146-48  request of the unit.  Compliance with this subsection by an
 146-49  authorized governmental agency or state licensing agency does not
 146-50  constitute waiver of any privilege or requirement of
 146-51  confidentiality otherwise applicable.  Notwithstanding Section 5(a)
 146-52  of this article, the commissioner may not release evidence obtained
 146-53  under this subsection for public inspection if release of the
 146-54  evidence would violate a privilege held by or a requirement of
 146-55  confidentiality imposed on the agency from which the evidence was
 146-56  obtained.
 146-57        SECTION 20.03.  Sections 1(a) and (c), Article 1.28,
 146-58  Insurance Code, are amended to read as follows:
 146-59        (a)  On giving written notice of intent to the commissioner
 146-60  of insurance, and if the commissioner of insurance does not
 146-61  disapprove within 30 days after that notice is given, a domestic
 146-62  insurance company, including a life, health, and accident insurance
 146-63  company, fire and marine insurance company, surety and trust
 146-64  company, general casualty company, title insurance company,
 146-65  fraternal benefit society, mutual life insurance company, local
 146-66  mutual aid association, statewide mutual assessment company, mutual
 146-67  insurance company other than life, farm mutual insurance company,
 146-68  county mutual insurance company, Lloyds plan, reciprocal exchange,
 146-69  group hospital service corporation, health maintenance
 146-70  organization, stipulated premium insurance company, nonprofit legal
  147-1  services corporation, or any other entity licensed under the
  147-2  Insurance Code or chartered or organized under the laws of this
  147-3  state that is an affiliated member of an insurance holding company
  147-4  system, as defined by Article 21.49-1 <21.49>, Insurance Code, as
  147-5  added by Chapter 356, Acts of the 62nd Legislature, Regular
  147-6  Session, 1971 (Article 21.49-1, Vernon's Texas Insurance Code), may
  147-7  locate and maintain all or any portion of its books, records, and
  147-8  accounts and its principal offices outside this state at a location
  147-9  within the United States if the company meets the requirements of
 147-10  this section.  This article does not apply to or prohibit the
 147-11  location and maintenance of the normal books, records, and accounts
 147-12  of either a branch office or agency office of a domestic insurance
 147-13  company at the branch office or agency office, if that office is
 147-14  located in the United States.
 147-15        (c)  The ultimate controlling person of the insurance holding
 147-16  company system, the immediate controlling person of the domestic
 147-17  insurance company, or an intermediate controlling person of the
 147-18  domestic insurance company must be legally domiciled, licensed, or
 147-19  admitted to transact business in a jurisdiction within the United
 147-20  States.
 147-21        SECTION 20.04.  Article 16.01(b), Insurance Code, is amended
 147-22  to read as follows:
 147-23        (b)  Farm mutual insurance companies may insure rural and
 147-24  urban dwellings and attendant outhouses and yard buildings, and all
 147-25  their contents for home and personal use, musical instruments and
 147-26  libraries, barns and ranch buildings of every description together
 147-27  with vehicles and implements used thereon, and<;> agricultural
 147-28  products produced or kept on farms and ranches <but not including
 147-29  growing crops>.  No building, or its contents, with more than 40
 147-30  per cent of its floor space or more than 500 square feet of floor
 147-31  space, whichever is the lesser amount, used for business purposes
 147-32  may be insured by a farm mutual insurance company except church
 147-33  buildings, fraternal lodge halls, private and church schools, and
 147-34  non-industrial use buildings owned by non-profit organizations may
 147-35  be insured, wherever situated. Farm mutual insurance companies
 147-36  shall not insure any type of commercial or private passenger motor
 147-37  vehicle except trailers and mobile homes.  A farm mutual insurance
 147-38  company may not insure growing crops unless that insurance is
 147-39  reinsured by:
 147-40              (1)  the Federal Crop Insurance Corporation under
 147-41  Section 508, Federal Crop Insurance Act (7 U.S.C. Section 1508); or
 147-42              (2)  a property and casualty insurance company licensed
 147-43  to write insurance in this state that has a rating by the A.M. Best
 147-44  Company of A- or better.
 147-45        SECTION 20.05.  Section 10, Chapter 273, Acts of the 71st
 147-46  Legislature, Regular Session, 1989, as amended by Section 13.29,
 147-47  Chapter 242, Acts of the 72nd Legislature, Regular Session, 1991,
 147-48  is amended to read as follows:
 147-49        Sec. 10.  A farm mutual that was engaged in the business of
 147-50  insuring commercial or private passenger motor vehicles on January
 147-51  1, 1989, may continue to insure motor vehicles until January 1,
 147-52  1996; provided, however, this authorization shall terminate
 147-53  immediately if the company ceases insuring motor vehicles, or if
 147-54  there is a change of control of the company as defined in Article
 147-55  21.49-1, Insurance Code.  A company insuring motor vehicles under
 147-56  this provision shall not use more than 33 <25> percent of its gross
 147-57  income for expenses unless otherwise approved by the commissioner
 147-58  of insurance.
 147-59        A farm mutual that on January 1, 1989, was operated under or
 147-60  controlled by a plan or method other than that provided in Section
 147-61  (c) or Section (d) of Article 16.01, Insurance Code, may continue
 147-62  under such plan or operation or method of control, as the case may
 147-63  be, but shall be required to comply with Sections (c) and (d) of
 147-64  Article 16.01 and all other provisions of Chapter 16, Insurance
 147-65  Code, including Section (g) of Article 16.08, on or before January
 147-66  1, 1996, or immediately on any change of control as defined in
 147-67  Article 21.49-1, Insurance Code.
 147-68        SECTION 20.06.  Section 2, Article 21.49-1, Insurance Code,
 147-69  is amended to read as follows:
 147-70        Sec. 2.  Definitions.  As used in this article, the following
  148-1  terms shall have the respective meanings hereinafter set forth,
  148-2  unless the context shall otherwise require:
  148-3              (a)  Affiliate.  An "affiliate" of, or person
  148-4  "affiliated" with, a specific person, is a person that directly, or
  148-5  indirectly through one or more intermediaries, controls, or is
  148-6  controlled by, or is under common control with, the person
  148-7  specified.
  148-8              (b)  Commercially Domiciled Insurer.  The term
  148-9  "commercially domiciled insurer" means a foreign or alien insurer
 148-10  authorized to do business in this state that during its three
 148-11  preceding fiscal years taken together, or any lesser period if it
 148-12  has been licensed to transact business in this state only for that
 148-13  lesser period, has written an average of more gross premiums in
 148-14  this state than it has written in its state of domicile during the
 148-15  same period, with those gross premiums constituting 20 percent or
 148-16  more of its total gross premiums everywhere in the United States
 148-17  for that three-year or lesser period, as reported in its three most
 148-18  recent annual statements.
 148-19              (c)  Commissioner.  The term "Commissioner" shall mean
 148-20  the Commissioner of Insurance, the commissioner's deputies, or the
 148-21  State Board of Insurance, as appropriate.
 148-22              (d) <(c)>  Control.  The term "control," including the
 148-23  terms "controlling," "controlled by," and "under common control
 148-24  with," means the possession, direct or indirect, of the power to
 148-25  direct or cause the direction of the management and policies of a
 148-26  person, whether through the ownership of voting securities, by
 148-27  contract other than a commercial contract for goods or
 148-28  non-management services, or otherwise, unless the power is the
 148-29  result of an official position with or corporate office held by the
 148-30  person.  Control shall be presumed to exist if any person, directly
 148-31  or indirectly, or with members of the person's immediate family,
 148-32  owns, controls, or holds with the power to vote, or if any person
 148-33  other than a corporate officer or director of a person holds
 148-34  proxies representing, 10 percent or more of the voting securities
 148-35  or authority of any other person, or if any person by contract or
 148-36  <contractor> agreement is designated as an attorney-in-fact for a
 148-37  Lloyd's Plan insurer under Article 18.02 of this code or for a
 148-38  reciprocal or interinsurance exchange under Articles 19.02 and
 148-39  19.10 of this code.  This presumption may be rebutted by a showing
 148-40  made in the manner provided by Section 3(j) that control does not
 148-41  exist in fact and that the person rebutting the presumption is in
 148-42  compliance with Sections 5(a) through (c) of this article.  The
 148-43  commissioner may determine, after furnishing all persons in
 148-44  interest notice and opportunity to be heard and making specific
 148-45  findings of fact to support such determination, that control exists
 148-46  in fact, notwithstanding the absence of a presumption to that
 148-47  effect, where a person exercises directly or indirectly either
 148-48  alone or pursuant to an agreement with one or more other persons
 148-49  such a controlling influence over the management or policies of an
 148-50  authorized insurer as to make it necessary or appropriate in the
 148-51  public interest or for the protection of the policyholders of the
 148-52  insurer that the person be deemed to control the insurer.
 148-53              (e) <(d)>  Holding Company.  The term "holding company"
 148-54  means any person who directly or indirectly controls any insurer.
 148-55              (f) <(e)>  Controlled Insurer.  The term "controlled
 148-56  insurer" means an insurer controlled directly or indirectly by a
 148-57  holding company.
 148-58              (g) <(f)>  Controlled Person.  The term "controlled
 148-59  person" means any person, other than a controlled insurer who is
 148-60  controlled directly or indirectly by a holding company.
 148-61              (h)  Domestic Insurer.  The term "domestic insurer"
 148-62  includes a commercially domiciled insurer.
 148-63              (i) <(g)>  Insurance Holding Company System.  The term
 148-64  "insurance holding company system" consists of two or more
 148-65  affiliated persons, one or more of which is an insurer.
 148-66              (j) <(h)>  Insurer.  The term "insurer" shall include
 148-67  all insurance companies organized or chartered under the laws of
 148-68  this State, commercially domiciled insurers, or insurers licensed
 148-69  to do business in this State, including capital stock companies,
 148-70  mutual companies, farm mutual insurance companies, title insurance
  149-1  companies, fraternal benefit societies, local mutual aid
  149-2  associations, Statewide mutual assessment companies, county mutual
  149-3  insurance companies, Lloyds' Plan companies, reciprocal or
  149-4  interinsurance exchanges, stipulated premium insurance companies,
  149-5  and group hospital service companies, except that it shall not
  149-6  include agencies, authorities, or instrumentalities of the United
  149-7  States, its possessions and territories, the Commonwealth of Puerto
  149-8  Rico, the District of Columbia, or a state or political subdivision
  149-9  of a state.
 149-10              (k) <(i)>  Person.  A "person" is an individual, a
 149-11  corporation, a partnership, an association, a joint stock company,
 149-12  a trust, an unincorporated organization, any similar entity or any
 149-13  combination of the foregoing acting in concert, but shall not
 149-14  include any securities broker performing no more than the usual and
 149-15  customary broker's function.
 149-16              (l) <(j)>  Securityholder.  A "securityholder" of a
 149-17  specified person is one who owns any security of such person,
 149-18  including common stock, preferred stock, debt obligations, and any
 149-19  other security convertible into or evidencing the right to acquire
 149-20  any of the foregoing.
 149-21              (m) <(k)>  Subsidiary.  A "subsidiary" of a specified
 149-22  person is an affiliate controlled by such person directly or
 149-23  indirectly through one or more intermediaries.
 149-24              (n) <(l)>  Voting Security.  The term "voting security"
 149-25  means any security or other instrument which has the power to vote
 149-26  at a meeting of shareholders of a person for or against the
 149-27  election of directors or any other matter involving the direction
 149-28  of the management and policies of such person, or any other
 149-29  security or instrument which the State Board of Insurance deems to
 149-30  be of similar nature and considers necessary or appropriate, by
 149-31  which such rules and regulations as it may prescribe in the public
 149-32  interest deems to treat as a voting security.
 149-33              (o) <(m)>  Notwithstanding any other provision of this
 149-34  article, the following shall not be deemed holding companies:  the
 149-35  United States, a state or any political subdivision, agency, or
 149-36  instrumentality thereof, or any corporation which is wholly owned
 149-37  directly or indirectly by one or more of the foregoing.
 149-38              (p) <(n)>  Immediate Family.  The term "immediate
 149-39  family" means a person's spouse, father, mother, children,
 149-40  brothers, sisters, and grandchildren, the father, mother, brothers,
 149-41  and sisters of the person's spouse, and the spouse of the person's
 149-42  child, brother or sister, mother, father, or grandparent.
 149-43              (q) <(o)>  Ultimate Controlling Person.  The term
 149-44  "ultimate controlling person" means that person who is not
 149-45  controlled by another person.
 149-46              (r) <(p)>  Notwithstanding any other provision of this
 149-47  article, this article shall not be applicable to any insurance
 149-48  holding company system in which the insurer, the holding company,
 149-49  if any, the subsidiaries, if any, the affiliates, if any, and each
 149-50  and every other member thereof, if any, is privately owned by not
 149-51  more than five (5) securityholders, each of whom is and must be an
 149-52  individual or a natural person, and the commissioner has found that
 149-53  it is not necessary that such holding company system be regulated
 149-54  under this article or certain provisions of this article and has
 149-55  issued a total or partial exemption certificate to such holding
 149-56  company which shall effect the exemption until revoked by the
 149-57  commissioner.
 149-58              (s)  The commissioner may exempt from the provisions of
 149-59  this article any commercially domiciled insurer if the commissioner
 149-60  determines that the insurer has assets physically located in this
 149-61  state or an asset to liability ratio sufficient to justify the
 149-62  conclusion that there is no reasonable danger that the operations
 149-63  or conduct of the business of the insurer could present a danger of
 149-64  loss to the policyholders of this state.
 149-65        SECTION 20.07.  Sections 3(a) and (j), Article 21.49-1,
 149-66  Insurance Code, are amended to read as follows:
 149-67        (a)  Registration.  Every insurer which is authorized to do
 149-68  business in this State and which is a member of an insurance
 149-69  holding company system shall register with the commissioner, except
 149-70  a foreign or non-domestic insurer subject to disclosure
  150-1  requirements and standards adopted by statute or regulation in the
  150-2  jurisdiction of its domicile which are substantially similar to
  150-3  those contained in this article.  The exemption from registration
  150-4  for a foreign insurer does not apply to a commercially domiciled
  150-5  insurer doing business in this state.  Any insurer which is subject
  150-6  to registration under this section shall register within 15 days
  150-7  after it becomes subject to registration unless the commissioner
  150-8  for good cause shown extends the time for registration, and then
  150-9  within such extended time.  The commissioner may require any
 150-10  authorized insurer which is a member of an insurance holding
 150-11  company system which is not subject to registration under this
 150-12  section to furnish a copy of the registration statement or other
 150-13  information filed by such insurance company with the insurance
 150-14  regulatory authority of its domiciliary jurisdiction.
 150-15        (j)  Disclaimer.  Any person may file with the commissioner a
 150-16  disclaimer of affiliation with any authorized insurer or such a
 150-17  disclaimer may be filed by such insurer or any member of an
 150-18  insurance holding company system.  The disclaimer shall fully
 150-19  disclose all material relationships and bases for affiliation
 150-20  between such person and such insurer as well as the basis for
 150-21  disclaiming such affiliation.  After a disclaimer has been filed,
 150-22  the insurer shall be relieved of any duty to register or report
 150-23  under this section which may arise out of the insurer's
 150-24  relationship with such person unless and until the commissioner
 150-25  disallows such a disclaimer.  Unless disallowed by the
 150-26  commissioner, a <A> disclaimer filed under this subsection relieves
 150-27  <does not relieve> a person of the duty to comply with the
 150-28  requirements of Sections 5(a) through (c) of this article.  The
 150-29  commissioner shall disallow such a disclaimer only after furnishing
 150-30  all parties in interest with notice and opportunity to be heard and
 150-31  after making specific findings of fact to support such
 150-32  disallowance.
 150-33        SECTION 20.08.  Section 5(e), Article 21.49-1, Insurance
 150-34  Code, is amended to read as follows:
 150-35        (e)  Exemptions.  The provisions of this section shall not
 150-36  apply to:
 150-37              (1)  any acquisition by a person who is a broker-dealer
 150-38  under state or federal securities laws of any voting security
 150-39  which, immediately prior to consummation of such acquisition, was
 150-40  not issued and outstanding and which acquisition is solely for
 150-41  resale under a plan approved by the commissioner that will not
 150-42  reasonably result in an acquisition of control on resale and where
 150-43  during the period prior to resale no actual positive act of control
 150-44  by virtue of those shares is committed;
 150-45              (2)  any transaction which is subject to the provisions
 150-46  of:  (i) Article 21.25, Sections 1 through 5, of this code, dealing
 150-47  with the merger or consolidation of two or more insurers and
 150-48  complying with the terms of such article until the plan of merger
 150-49  or consolidation has been filed by the domestic insurer with the
 150-50  Commissioner of Insurance in accordance with such Article 21.25.
 150-51  After the filing of such plan of merger or consolidation the
 150-52  transaction shall be subject to the approval provisions of
 150-53  Subsection (c) of Section 5 of this article, but the Commissioner
 150-54  may exempt such transaction from any or all of the other provisions
 150-55  and requirements of Section 5 of this article if the commissioner
 150-56  finds that the notice, proxy statement, and other materials
 150-57  furnished to shareholders and security holders in connection with
 150-58  such merger or consolidation contained reasonable and adequate
 150-59  factual and financial disclosure, material and information relating
 150-60  to such transaction, (ii) Article 11.20 of this code, (iii) Article
 150-61  11.21 of this code, (iv) Article 14.13 of this code, (v) Article
 150-62  14.61 of this code, (vi) Article 14.63 of this code, (vii) Article
 150-63  21.26 of this code, provided that the requirements of said article
 150-64  are fully complied with, <and> (viii) Article 22.15 of this code,
 150-65  provided that the requirements of said article are fully complied
 150-66  with, and (ix) Article 22.19 of this code, provided that the
 150-67  reinsurance is a total direct reinsurance agreement;
 150-68              (3)  any offer, request, invitation, agreement, or
 150-69  acquisition which the commissioner by order shall exempt therefrom
 150-70  as (i) not having been made or entered into for the purpose and not
  151-1  having the effect of changing or influencing the control of a
  151-2  domestic insurer, or (ii) as otherwise not comprehended within the
  151-3  purposes of this section;
  151-4              (4)  any acquisition of a voting security of a domestic
  151-5  insurer by a person in control of such domestic insurer if, after
  151-6  such acquisition, such person, directly or indirectly, owns or
  151-7  controls less than 50 percent of the then issued and outstanding
  151-8  voting securities of such domestic insurer;
  151-9              (5)  any acquisition of a voting security of a domestic
 151-10  insurer by a person that, directly or indirectly, owns or controls
 151-11  as much as 10 percent but less than 50 percent of the then issued
 151-12  and outstanding voting securities of such domestic insurer, and
 151-13  such person would, after such acquisition, directly or indirectly,
 151-14  own or control 50 percent or more of the then issued and
 151-15  outstanding voting securities of such domestic insurer, provided
 151-16  such person has made written application for such exemption and the
 151-17  commissioner by order has determined that such acquisition will not
 151-18  jeopardize the financial stability of the domestic insurer,
 151-19  prejudice the interests of its policyholders, or adversely affect
 151-20  the public interest; or
 151-21              (6)  any acquisition of a voting security of a domestic
 151-22  insurer by a person that, prior thereto, directly or indirectly,
 151-23  owns or controls more than 50 percent of the then issued and
 151-24  outstanding voting securities of such domestic insurer.
 151-25        SECTION 20.09.  Article 21.49-2A(b), Insurance Code, is
 151-26  amended to read as follows:
 151-27        (b)  Except as provided by Section (c) of this article, an
 151-28  insurer may not cancel:
 151-29              (1)  a policy of liability insurance that is a renewal
 151-30  or continuation policy; or
 151-31              (2)  a policy of liability insurance that is in its
 151-32  initial policy period after the 60th day following the date on
 151-33  which the policy was issued.
 151-34        SECTION 20.10.  Section 7(d), Article 21.49-2B, Insurance
 151-35  Code, is amended to read as follows:
 151-36        (d)  An insurer may <shall> notify an insured who has filed
 151-37  two claims in a period of less than three years that the insurer
 151-38  may decline to renew the policy if the insured files a third claim
 151-39  during the three-year period.  If the insurer does not notify the
 151-40  insured in accordance with this subsection, the insurer may not
 151-41  refuse to renew the policy because of losses.  The notice form must
 151-42  list the policyholder's claims and contain the sentence:  "Another
 151-43  non-weather related loss could cause us to refuse to renew your
 151-44  policy."  <The notice must be in a form approved by the board.>
 151-45        SECTION 20.11.  Section 2(g), Article 22.13, Insurance Code,
 151-46  is amended to read as follows:
 151-47        (g)  If a stipulated premium company ceases to write new
 151-48  health, accident, sickness, or hospitalization policies, or any
 151-49  combination of those policies, in an amount in excess of $10,000
 151-50  for any one risk, and so notifies the commissioner, the
 151-51  requirements imposed under Subsection (d) of this section relating
 151-52  to increase of minimum capital shall be suspended until the date on
 151-53  which the stipulated premium company resumes writing those health,
 151-54  accident, sickness, or hospitalization policies, and upon such
 151-55  resumption of writing of such policies, the stipulated premium
 151-56  company shall be required to increase its capital to the amount
 151-57  required by Subsection (d) as of the date of such resumption of
 151-58  such policy writings.  For purposes of this subsection, renewal of
 151-59  a policy is not the writing of a new health, accident, sickness, or
 151-60  hospitalization policy.
 151-61        SECTION 20.12.  Article 23.01, Insurance Code, is amended to
 151-62  read as follows:
 151-63        Art. 23.01.  Incorporation; Definitions.  (a)  Any seven or
 151-64  more persons on application to the secretary of state for a
 151-65  corporate charter under the Texas Non-Profit Corporation Act as a
 151-66  nonmembership corporation may be incorporated for the sole purpose
 151-67  of establishing, maintaining, and operating non-profit legal
 151-68  service plans, whereby legal services may be provided by such
 151-69  corporation through contracting attorneys as is hereinafter
 151-70  provided.
  152-1        (b)  As used in this chapter, the following words, unless the
  152-2  context of their use clearly indicates otherwise, shall have the
  152-3  following meanings:
  152-4              (1)  "Attorney" means a person  <currently> licensed
  152-5  <by the Supreme Court of Texas> to practice law in the jurisdiction
  152-6  in which the legal services are to be provided.
  152-7              (2)  "Applicant" means a person applying for a legal
  152-8  services contract for performance of legal services through a
  152-9  corporation qualified under this chapter.
 152-10              (3)  "Benefit certificate" means a writing setting
 152-11  forth the benefits and other required matters issued to a
 152-12  participant under a group contract for legal services and also an
 152-13  individual contract for legal services issued to a participant.
 152-14              (4)  "Contracting attorney" means an attorney who has
 152-15  entered into the contract provided by Article 23.11 of this code.
 152-16              (5)  "Participant" means the person entitled to
 152-17  performance of legal services under contract with a corporation
 152-18  qualified under this chapter.
 152-19              (6)  "State Board of Insurance" means all of the
 152-20  insurance regulatory officials whose duties and functions are
 152-21  designated by the Insurance Code of Texas as such now exists or may
 152-22  be amended in the future.  Any duty stated by this chapter to be
 152-23  performed by or to be placed on the State Board of Insurance is
 152-24  placed upon and is to be performed by the insurance regulatory
 152-25  official or group of officials on whom similar duties are placed or
 152-26  to be performed for insurers or the business of insurance by the
 152-27  Insurance Code.  The multimember insurance regulatory body
 152-28  designated by the Insurance Code as the uniform insurance
 152-29  rule-making authority is authorized to enact rules designating the
 152-30  proper insurance regulatory official to perform any duty placed by
 152-31  this chapter on the insurance regulatory officials where such duty
 152-32  is not similar to duties otherwise performed by a specific official
 152-33  or group of such officials.
 152-34        SECTION 20.13.  Article 23.22, Insurance Code, is amended to
 152-35  read as follows:
 152-36        Art. 23.22.  Complaints.  The State Board of Insurance shall
 152-37  refer a complaint <any complaints> received by it concerning the
 152-38  performance of an <any> attorney licensed in this state who is
 152-39  connected with a <any> corporation complying with this chapter to
 152-40  the Supreme Court of the State of Texas or to any person designated
 152-41  by the Supreme Court to receive attorney grievances from the
 152-42  public.  The board shall refer a complaint regarding an attorney
 152-43  licensed in another jurisdiction who is connected with a
 152-44  corporation complying with this chapter to the appropriate
 152-45  licensing agency of the other jurisdiction.
 152-46        SECTION 20.14.  Article 1.24, Insurance Code, is amended to
 152-47  read as follows:
 152-48        Art. 1.24.  To Make Inquiries.  The Board is authorized to
 152-49  address any reasonable inquiries to any insurance company or
 152-50  insurance agent, or to the holder of any permit, certificate of
 152-51  registration, or other authorization issued or existing under the
 152-52  authority or authorization of this code, in relation to the
 152-53  company's, agent's, or holder's business condition, or any matter
 152-54  connected with its transactions which the Board may deem necessary
 152-55  for the public good or for a proper discharge of its duties.  It
 152-56  shall be the duty of the addressee to <promptly> answer such
 152-57  inquiries in writing not later than the 10th day after the date the
 152-58  request is received.  A response made under this article that is
 152-59  otherwise privileged or confidential by law remains privileged or
 152-60  confidential unless and until introduced into evidence at an
 152-61  administrative hearing or in a court of competent jurisdiction.
 152-62  The addressee may appeal the request in accordance with Article
 152-63  1.04 of this code and the inquiry shall be stayed pending
 152-64  resolution of the appeal.
 152-65        SECTION 20.15.  Section 1(a), Article 21.21, Insurance Code,
 152-66  is amended to read as follows:
 152-67        (a)  The purpose of this Act is to regulate trade practices
 152-68  in the business of insurance <in accordance with the intent of
 152-69  Congress as expressed in the Act of Congress of March 9, 1945
 152-70  (Public Law 15, 79th Congress),> by defining, or providing for the
  153-1  determination of, all such practices in this state which constitute
  153-2  unfair methods of competition or unfair or deceptive acts or
  153-3  practices and by prohibiting the trade practices so defined or
  153-4  determined.
  153-5        SECTION 20.16.  Sections 1A(b), (c), and (k), Article 21.50,
  153-6  Insurance Code, are amended to read as follows:
  153-7        (b)  All policy forms, related forms, classifications, and
  153-8  rules used by a mortgage guaranty insurer in this state shall be
  153-9  exempt from approval by the board, but all such policy forms,
 153-10  related forms, classifications, and rules which are to be used in
 153-11  this state, except those filed under Subsection (k), shall be filed
 153-12  with the board at least 15 days before they are to become
 153-13  effective.  The board may, after a hearing held on not less than 20
 153-14  days' notice, specifying the matters  to be considered at such
 153-15  hearing, to every insurer which made such filing, and upon finding
 153-16  that such filing is no longer in the best interest of the public of
 153-17  this state, issue an order suspending such exemption as to any or
 153-18  all insurers which made such filings and ordering such insurers to
 153-19  cease and desist from the use of such policy forms, related forms,
 153-20  classifications, and rules as the board may specify in its order.
 153-21  <A mortgage guaranty insurer shall not issue or use policy forms
 153-22  or related forms in this state until such forms are filed and
 153-23  approved by the board.  As soon as reasonably possible after the
 153-24  filing has been made, the board shall approve or disapprove the
 153-25  same; provided, however, that any filing shall be deemed approved
 153-26  unless disapproved within 30 days; provided further, that the board
 153-27  may by official order postpone action for such further time not
 153-28  exceeding 30 days as it deems necessary for proper consideration.
 153-29  The board shall approve uniform policy forms, related forms,
 153-30  classifications, and rules for all lines and types of insurance
 153-31  applicable to the various risks under this article except as
 153-32  provided in Subsection (k) hereof.>
 153-33        (c)  No policy of mortgage guaranty insurance shall contain a
 153-34  provision which allows subrogation rights against the borrower for
 153-35  a deficiency arising from a foreclosure sale of a single-family
 153-36  dwelling occupied by the borrower as the principal residence of the
 153-37  borrower at the time of default on the mortgage.  <The board shall
 153-38  disapprove any such form if:>
 153-39              <(1)  It is in any respect in violation of or does not
 153-40  comply with this code.>
 153-41              <(2)  It contains provisions which encourage
 153-42  misrepresentation or are unjust, unfair, inequitable, misleading,
 153-43  deceptive, or contrary to law or to the public policy of this
 153-44  state.>
 153-45        (k)  Policies providing coverage for a pool or group of loans
 153-46  in connection with the issuance of mortgage-backed securities or
 153-47  bonds shall be exempt from approval by the board under Subsection
 153-48  (b) of this section, but all such policy forms, related forms,
 153-49  classifications, and rules which are to be used in this state shall
 153-50  be filed with the board at least 15 days after <before> they are to
 153-51  become effective.  Mortgage guaranty insurers are prohibited from
 153-52  discrimination in the issuance or extension of mortgage guaranty
 153-53  insurance on the basis of the applicant's sex, marital status,
 153-54  race, color, creed, national origin, disability, age, or solely on
 153-55  the geographic location of the property unless (1)  the
 153-56  discrimination related to geographic location of the property is
 153-57  for a business purpose that is not a mere pretext for unfair
 153-58  discrimination; or (2)  the refusal, cancellation, or limitation is
 153-59  required by law or regulatory mandate.  <The board may, after a
 153-60  hearing held on not less than 20 days' notice, specifying the
 153-61  matters to be considered at such hearing, to every insurer which
 153-62  made such filing, and upon finding that such filing is no longer in
 153-63  the best interest of the public of this state, issue an order
 153-64  suspending such exemption as to any or all insurers which made such
 153-65  filings and ordering such insurers to cease and desist from the use
 153-66  of such policy forms, related forms, classifications, and rules as
 153-67  the board may specify in its order.>
 153-68        SECTION 20.17.  The heading to Article 21.22, Insurance Code,
 153-69  is amended to read as follows:
 153-70        Art. 21.22.  UNLIMITED EXEMPTION OF INSURANCE BENEFITS AND
  154-1  CERTAIN ANNUITY PROCEEDS FROM SEIZURE UNDER PROCESS
  154-2        SECTION 20.18.  Article 21.22, Insurance Code, is amended by
  154-3  amending Sections 1, 4, and 5 and adding Section 6 to read as
  154-4  follows:
  154-5        Sec. 1.  Notwithstanding any provision of this code other
  154-6  than this article, all money or benefits of any kind, including
  154-7  policy proceeds and cash values, to be paid or rendered to the
  154-8  insured or any beneficiary under any policy of insurance or annuity
  154-9  contract issued by a  life, health or accident insurance company,
 154-10  including mutual and fraternal insurance, or under any plan or
 154-11  program of annuities and benefits in use by any employer or
 154-12  individual, shall:
 154-13              (1)  inure exclusively to the benefit of the person for
 154-14  whose use and benefit the insurance or annuity is designated in the
 154-15  policy or contract;
 154-16              (2)  be fully exempt from execution, attachment,
 154-17  garnishment or other process;
 154-18              (3)  be fully exempt from being seized, taken or
 154-19  appropriated or applied by any legal or equitable process or
 154-20  operation of law to pay any debt or liability of the insured or of
 154-21  any beneficiary, either before or after said money or benefits is
 154-22  or are paid or rendered; and
 154-23              (4)  be fully exempt from all demands in any bankruptcy
 154-24  proceeding of the insured or beneficiary.
 154-25        Sec. 4.  This article does not prevent the proper assignment
 154-26  of any money or benefits to be paid or rendered under an insurance
 154-27  policy or annuity contract to which this article applies, or any
 154-28  rights under the policy or contract, by the insured, <or> owner, or
 154-29  annuitant in accordance with the terms of the policy or contract.
 154-30        Sec. 5.  Wherever any policy of insurance, annuity contract,
 154-31  or plan or program of annuities and benefits mentioned in Section 1
 154-32  of this article shall contain a provision against assignment or
 154-33  commutation by any beneficiary thereunder of the money or benefits
 154-34  to be paid or rendered thereunder, or any rights therein, any
 154-35  assignment or commutation or any attempted assignment or
 154-36  commutation by such beneficiary of such money or benefits or rights
 154-37  in violation of such provision shall be wholly void.
 154-38        Sec. 6.  For purposes of regulation under this code, an
 154-39  annuity contract issued by a life, health, or accident insurance
 154-40  company, including a mutual company or fraternal company, or under
 154-41  any plan or program of annuities or benefits in use by an employer
 154-42  or individual, shall be considered a policy or contract of
 154-43  insurance.
 154-44        SECTION 20.19.  Subchapter G, Chapter 3, Insurance Code, is
 154-45  amended by adding Article 3.70-13 to read as follows:
 154-46        Art. 3.70-13.  CERTAIN POLICIES CONTINUOUS.  A guaranteed
 154-47  renewable policy or a noncancellable policy shall be deemed to be a
 154-48  continuous policy, subject only to the terms and conditions
 154-49  thereof, including payment of policy premiums, and such policies
 154-50  shall be considered to be continued in force by the payment of the
 154-51  policy premium in accordance with the policy terms and conditions,
 154-52  and such policies shall not be deemed or treated as renewed
 154-53  policies by the payment of such contracted policy premiums.  This
 154-54  article does not apply to a health benefit plan adopted in
 154-55  accordance with Chapter 26 of this code, as added by H.B. No. 2055,
 154-56  Acts of the 73rd Legislature, Regular Session, 1993.
 154-57        SECTION 20.20.  Article 1.33, Insurance Code, is amended by
 154-58  adding Section (e) to read as follows:
 154-59        (e)  Without limiting the authority granted by the other
 154-60  sections of this article, the commissioner may, upon written
 154-61  agreement or stipulation of all parties and any intervenor, in the
 154-62  commissioner's sole discretion:  (i) waive or modify the
 154-63  publication of notice required by Articles 2.01, 2.03, 3.04, 3.05,
 154-64  22.03, and 22.04 of this code, and (ii) informally dispose of any
 154-65  contested case as provided by Section 13(e), Administrative
 154-66  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
 154-67  Civil Statutes), or any subsequent amendment thereto,
 154-68  notwithstanding any provision of this code which would otherwise
 154-69  require a hearing before the commissioner.
 154-70        SECTION 20.21.  Subchapter C, Chapter 5, Insurance Code, is
  155-1  amended by adding Article 5.35-2 to read as follows:
  155-2        Art. 5.35-2.  COVERAGE FOR REAL PROPERTY FOUNDATIONS.  The
  155-3  commissioner shall adopt an endorsement form that excludes coverage
  155-4  for damage to foundations or slabs of the insured dwelling, other
  155-5  than loss caused by fire, lightning, smoke, windstorm, hurricane,
  155-6  hail, explosion, aircraft, vehicles, vandalism, malicious mischief,
  155-7  riot, civil commotion, and falling objects, from a homeowner's,
  155-8  farm and ranch owner's, or fire insurance policy promulgated under
  155-9  Article 5.35 of this code.  An insurer may attach this endorsement
 155-10  only if the insured dwelling is more than 10 years old.
 155-11        SECTION 20.22.  Article 21.46, Insurance Code, is amended to
 155-12  read as follows:
 155-13        Art. 21.46.  A.  Whenever by the laws of any other state or
 155-14  territory of the United States any taxes, including income and
 155-15  corporate franchise, licenses, fees, fines, penalties, deposit
 155-16  requirements or other obligations, prohibitions or restrictions are
 155-17  imposed upon any insurance company organized in this State and
 155-18  licensed and actually doing business in such other state or
 155-19  territory which, in the aggregate are in excess of the aggregate of
 155-20  the taxes, including income and corporate franchise, licenses,
 155-21  fees, fines, penalties, deposit requirements or other obligations,
 155-22  prohibitions or restrictions directly imposed upon a similar
 155-23  insurance company of such other state or territory doing business
 155-24  in this State, the State Board of Insurance shall impose upon any
 155-25  similar company of such state or territory in the same manner and
 155-26  for the same purpose, the same taxes, licenses, fees, fines,
 155-27  penalties, deposit requirements or other obligations, prohibitions
 155-28  or restrictions; provided, however, the aggregate of taxes,
 155-29  licenses, fees, fines, penalties or other obligations imposed by
 155-30  this State pursuant to this Article on an insurance company of
 155-31  another state or territory shall not exceed the aggregate of such
 155-32  charges imposed by such other state or territory on a similar
 155-33  insurance company of this State actually licensed and doing
 155-34  business therein; provided, further, that wherever under any law of
 155-35  this State the basic rate of taxation of any insurance company of
 155-36  another state or territory is reduced if any such insurance company
 155-37  has made investments in Texas securities then in computing the
 155-38  aggregate Texas premium tax burdens of any such insurance company
 155-39  of any other state or territory each shall for purposes of
 155-40  comparison with the premium tax laws of its home state be
 155-41  considered to have assumed and paid an aggregate premium tax burden
 155-42  equal to the basic rate; provided, further, that for the purpose of
 155-43  this Section, an alien insurer shall be deemed a company of the
 155-44  State designated by it wherein it has
 155-45              (a)  established its principal office or agency in the
 155-46  United States, or
 155-47              (b)  maintains the largest amount of its assets held in
 155-48  trust or on deposit for the security of its policyholders or
 155-49  policyholders and creditors in the United States, or
 155-50              (c)  in which it was admitted to do business in the
 155-51  United States.
 155-52        Licenses and fees collected by the State Board of Insurance
 155-53  under this Article shall be deposited in the State Treasury to the
 155-54  credit of the general revenue fund.
 155-55        The provisions of this Section shall not apply to ad valorem
 155-56  taxes on real or personal property or to personal income taxes.
 155-57        The provisions of this Act shall not apply to a company of
 155-58  any other state doing business in this State if fifteen per cent
 155-59  (15%) or more of the voting stock of said company is owned by a
 155-60  corporation organized under the laws of this State, and domiciled
 155-61  in this State; however, the prior provisions of this Act shall
 155-62  apply without exception to any and all person or persons, company
 155-63  or companies, firm or firms, association or associations, group or
 155-64  groups, corporation or corporations, or any insurance organization
 155-65  or organizations of any kind, which did not qualify as a matter of
 155-66  fact, under the exception of this paragraph, on or before January
 155-67  29, 1957.
 155-68        B.  Should the insurance department, commissioner, director,
 155-69  or other similar insurance regulatory official of any other state
 155-70  or territory of the United States impose any sanctions, fines,
  156-1  penalties, financial or deposit requirements, prohibitions,
  156-2  restrictions, regulatory requirements, or other obligations of any
  156-3  kind upon any insurance company organized or chartered in this
  156-4  state and licensed to transact business in such other state or
  156-5  territory, because of the failure of the Texas Department of
  156-6  Insurance to obtain, maintain, or receive certification or any
  156-7  similar form of approval, compliance, or acceptance from, by, or as
  156-8  a member of the National Association of Insurance Commissioners, or
  156-9  any committee, task force, working group, or advisory committee
 156-10  thereof, or because of the failure of the Texas Department of
 156-11  Insurance to comply with any directive, financial annual statement
 156-12  requirement, model act or regulation, market conduct or financial
 156-13  examination report or requirement, or any report of any kind of the
 156-14  National Association of Insurance Commissioners, or any committee,
 156-15  task force, working group, or advisory committee thereof, the Texas
 156-16  Department of Insurance shall, without exception or exclusion,
 156-17  impose upon any and all insurance companies organized or chartered
 156-18  in such other state or territory and licensed to do business in
 156-19  this state the same sanctions, fines, penalties, deposit
 156-20  requirements, prohibitions, restrictions, or other obligations
 156-21  imposed upon the insurance company of this state.
 156-22        SECTION 20.23.  (a)  The changes in law made to Articles
 156-23  23.01 and 23.22, Insurance Code, by this article apply only to a
 156-24  contract entered into or renewed by a nonprofit legal services
 156-25  corporation on or after January 1, 1994.  A contract that is
 156-26  entered into or renewed before January 1, 1994, is governed by the
 156-27  law as it existed immediately before the effective date of this
 156-28  Act, and that law is continued in effect for that purpose.
 156-29        (b)  This article applies only to an insurance policy that is
 156-30  delivered, issued for delivery, or renewed on or after January 1,
 156-31  1994.  A policy that is delivered, issued for delivery, or renewed
 156-32  before January 1, 1994, is governed by the law as it existed
 156-33  immediately before the effective date of this Act, and that law is
 156-34  continued in effect for that purpose.
 156-35        (c)  The change in law made by this Act to Article 21.22,
 156-36  Insurance Code, applies to money or benefits to be paid or rendered
 156-37  to an insured or a beneficiary under an insurance policy or annuity
 156-38  contract issued by a life, health, or accident insurance company
 156-39  without regard to whether the policy or contract was issued or
 156-40  entered into before, on, or after the effective date of this Act.
 156-41              ARTICLE 21.  CONTINUATION AND FUNCTIONS OF
 156-42                  OFFICE OF PUBLIC INSURANCE COUNSEL
 156-43        SECTION 21.01.  Article 1.35A, Insurance Code, is amended to
 156-44  read as follows:
 156-45        Art. 1.35A.  Office of Public Insurance Counsel<.>
 156-46        Sec. 1.  CREATION; PURPOSE.  <(a)>  The independent office of
 156-47  public insurance counsel is created to represent the interests of
 156-48  insurance consumers in Texas.
 156-49        Sec. 2.  APPOINTMENT, QUALIFICATIONS, AND REMOVAL OF PUBLIC
 156-50  COUNSEL.  (a) <(b)>  The governor with the advice and consent of
 156-51  the senate shall appoint a public counsel who shall serve as the
 156-52  executive director of the office of public insurance counsel.
 156-53        (b) <(c)>  To be eligible to serve as public counsel for the
 156-54  office of public insurance counsel, a person must be a resident of
 156-55  Texas and be licensed <eligible> to practice law in Texas.  The
 156-56  public counsel shall be a person who has demonstrated a strong
 156-57  commitment and involvement in efforts to safeguard the rights of
 156-58  the public and who possesses the knowledge and experience necessary
 156-59  to practice effectively in insurance proceedings.
 156-60        (c)  A person is not eligible for appointment as public
 156-61  counsel if the person or the person's spouse:
 156-62              (1)  is employed by or participates in the management
 156-63  of a business entity or other organization regulated by the
 156-64  department or receiving funds from the department;
 156-65              (2)  owns or controls, directly or indirectly, more
 156-66  than a 10 percent interest in a business entity or other
 156-67  organization regulated by the department or receiving funds from
 156-68  the department or the office of public insurance counsel; or
 156-69              (3)  uses or receives a substantial amount of tangible
 156-70  goods, services, or funds from the department or the office of
  157-1  public insurance counsel, other than compensation or reimbursement
  157-2  authorized by law for department or office of public insurance
  157-3  counsel membership, attendance, or expenses.
  157-4        (d)  Appointment of the public counsel shall be made without
  157-5  regard to the race, color, handicap, sex, religion, age, or
  157-6  national origin of the appointee.
  157-7        (e) <(d)>  The public counsel shall serve for a term of two
  157-8  years expiring on February 1 of each odd-numbered year.
  157-9        (f)  It is a ground for removal from office if the public
 157-10  counsel:
 157-11              (1)  does not have at the time of appointment the
 157-12  qualifications required by Subsection (b) of this section;
 157-13              (2)  does not maintain during service as public counsel
 157-14  the qualifications required by Subsection (b) of this section;
 157-15              (3)  violates a prohibition established by Subsection
 157-16  (c) of this section or Section 4 of this article; or
 157-17              (4)  cannot discharge the public counsel's duties for a
 157-18  substantial part of the term for which the public counsel is
 157-19  appointed because of illness or disability.
 157-20        (g)  The validity of an action of the office of public
 157-21  insurance counsel is not affected by the fact that it is taken when
 157-22  a ground for removal of the public counsel exists.
 157-23        Sec. 3.  ADMINISTRATION.  (a) <(e)>  The public counsel, as
 157-24  executive director of the office of public insurance counsel, shall
 157-25  be charged with the responsibility of administering, enforcing, and
 157-26  carrying out the provisions of this article, including preparation
 157-27  and submission to the legislature of a budget for the office,
 157-28  employing all necessary professional, technical, and other
 157-29  employees to carry out the provisions of this article, approval of
 157-30  expenditures for professional services, travel, per diem, and other
 157-31  actual and necessary expenses incurred in administering the office.
 157-32  Expenses for the office shall be paid from the assessment imposed
 157-33  in Article 1.35B of this chapter.  The compensation for employees
 157-34  of the office of public insurance counsel shall be fixed by the
 157-35  legislature as provided by the General Appropriations Act.
 157-36        (b)  The office of public insurance counsel shall file
 157-37  annually with the governor and the presiding officer of each house
 157-38  of the legislature a complete and detailed written report
 157-39  accounting for all funds received and disbursed by the office of
 157-40  public insurance counsel during the preceding fiscal year.  The
 157-41  annual report must be in the form and reported in the time provided
 157-42  by the General Appropriations Act.
 157-43        (c)  All money paid to the office of public insurance counsel
 157-44  under this article shall be deposited in the state treasury.
 157-45        (d)  The public counsel or the public counsel's designee
 157-46  shall prepare and maintain a written policy statement to ensure
 157-47  implementation of a program of equal employment opportunity under
 157-48  which all personnel transactions are made without regard to race,
 157-49  color, disability, sex, religion, age, or national origin.  The
 157-50  policy statement must include:
 157-51              (1)  personnel policies, including policies relating to
 157-52  recruitment, evaluation, selection, appointment, training, and
 157-53  promotion of personnel that are in compliance with the Texas
 157-54  Commission on Human Rights Act (Article 5221k, Vernon's Texas Civil
 157-55  Statutes) and its subsequent amendments;
 157-56              (2)  a comprehensive analysis of the office of public
 157-57  insurance counsel work force that meets federal and state
 157-58  guidelines;
 157-59              (3)  procedures by which a determination can be made of
 157-60  significant underuse in the office of public insurance counsel work
 157-61  force of all persons for whom federal or state guidelines encourage
 157-62  a more equitable balance; and
 157-63              (4)  reasonable methods to appropriately address those
 157-64  areas of significant underuse.
 157-65        (e)  A policy statement prepared under Subsection (d) of this
 157-66  section must cover an annual period, be updated at least annually
 157-67  and reviewed by the Commission on Human Rights for compliance with
 157-68  Subsection (d)(1) of this section, and be filed with the governor's
 157-69  office.
 157-70        (f)  The governor's office shall deliver a biennial report to
  158-1  the legislature based on the information received under Subsection
  158-2  (e) of this section.  The report may be made separately or as a
  158-3  part of other biennial reports made to the legislature.
  158-4        (g)  The public counsel or the public counsel's designee
  158-5  shall develop an intra-agency career ladder program.  The program
  158-6  shall require intra-agency posting of all nonentry level positions
  158-7  concurrently with any public posting.
  158-8        (h)  The public counsel or the public counsel's designee
  158-9  shall develop a system of annual performance evaluations.  All
 158-10  merit pay for office of public insurance counsel employees must be
 158-11  based on the system established under this subsection.
 158-12        (i)  The office of public insurance counsel shall provide to
 158-13  its public counsel and employees, as often as necessary,
 158-14  information regarding their qualification for office or employment
 158-15  under this article and their responsibilities under applicable laws
 158-16  relating to standards of conduct for state officers or employees.
 158-17        Sec. 4.  CONFLICT OF INTEREST.  (a)  A person may not serve
 158-18  as the public counsel or act as the general counsel for the office
 158-19  of public insurance counsel if the person is required to register
 158-20  as a lobbyist under Chapter 305, Government Code, because of the
 158-21  person's activities for compensation related to the operation of
 158-22  the department or the office of public insurance counsel.
 158-23        (b) <(f)>  A person serving as the public counsel may not,
 158-24  for a period of two years after the date the person ceases to be
 158-25  public counsel, represent any person in a proceeding before the
 158-26  board or receive compensation for services rendered on behalf of
 158-27  any person regarding a case pending before the rate board,
 158-28  commissioner, or department <board>.
 158-29        (c)  An officer, employee, or paid consultant of a trade
 158-30  association in the field of insurance may not serve as the public
 158-31  counsel or be an employee of the office of public insurance counsel
 158-32  who is exempt from the state's position classification plan or is
 158-33  compensated at or above the amount prescribed by the General
 158-34  Appropriations Act for step 1, salary group 17, of the position
 158-35  classification salary schedule.
 158-36        (d)  A person who is the spouse of an officer, manager, or
 158-37  paid consultant of a trade association in the field of insurance
 158-38  may not serve as the public counsel and may not be an office of
 158-39  public insurance counsel employee who is exempt from the state's
 158-40  position classification plan or is compensated at or above the
 158-41  amount prescribed by the General Appropriations Act for step 1,
 158-42  salary group 17, of the position classification salary schedule.
 158-43        (e)  For purposes of this section, a trade association is a
 158-44  nonprofit, cooperative, and voluntarily joined association of
 158-45  business or professional competitors designed to assist its members
 158-46  and its industry or profession in dealing with mutual business or
 158-47  professional problems and in promoting their common interest.
 158-48        Sec. 5.  POWERS AND DUTIES.  (a) <(g)>  The office of public
 158-49  insurance counsel may assess the impact of insurance rates, rules,
 158-50  and forms on insurance consumers in Texas and, in its own name,
 158-51  shall appear and act only in public hearings before the
 158-52  commissioner or department as an advocate of positions that are
 158-53  most advantageous to a substantial number of insurance consumers as
 158-54  determined by the public counsel for the office only on those items
 158-55  set forth in Subsection (b) of this section.
 158-56        (b) <(h)>  The public counsel:
 158-57              (1)  may appear or intervene as a matter of right
 158-58  before the commissioner or department <State Board of Insurance> as
 158-59  a party or otherwise on behalf of insurance consumers as a class
 158-60  in:
 158-61                    (A)  matters involving rates, rules, and forms
 158-62  affecting property and casualty insurance;
 158-63                    (B)  matters involving rates, rules, and forms
 158-64  affecting title insurance;
 158-65                    (C)  matters involving rules affecting life,
 158-66  health, and accident insurance;
 158-67                    (D)  matters involving rates, rules, and forms
 158-68  affecting credit life, and credit accident and health insurance;
 158-69                    (E)  matters involving rates, rules, and forms
 158-70  affecting all other lines of insurance for which the commissioner
  159-1  or department <State Board of Insurance> promulgates, sets, or
  159-2  approves rates, rules, and/or forms; and
  159-3                    (F)  matters involving withdrawal of approval of
  159-4  policy forms only as initiated by the department under Article
  159-5  3.42(f) and 3.42(g) of this code if the public counsel determines
  159-6  that such forms do not comply with this code or any valid rule
  159-7  relating thereto duly adopted by the commissioner <State Board of
  159-8  Insurance> or is otherwise contrary to law;
  159-9              (2)  may initiate or intervene as a matter of right or
 159-10  otherwise appear in a judicial proceeding involving or arising out
 159-11  of any action taken by an administrative agency in a proceeding in
 159-12  which the public counsel previously appeared under the authority
 159-13  granted by this article;
 159-14              (3)  is entitled to access to any records of the
 159-15  department that are available to any party other than the board's
 159-16  staff in a proceeding before the board under the authority granted
 159-17  by this article;
 159-18              (4)  is entitled to obtain discovery under the
 159-19  Administrative Procedure and Texas Register Act (Article 6252-13a,
 159-20  Vernon's Texas Civil Statutes) of any nonprivileged matter that is
 159-21  relevant to the subject matter involved in a <any> proceeding or
 159-22  submission before the commissioner or department as authorized by
 159-23  this article <State Board of Insurance>;
 159-24              (5)  may recommend legislation to the legislature that,
 159-25  in the judgment of the public counsel, would affect positively the
 159-26  interests of insurance consumers;
 159-27              (6)  may appear or intervene as a matter of right as a
 159-28  party or otherwise on behalf of insurance consumers as a class in
 159-29  all proceedings in which the public counsel determines that
 159-30  insurance consumers need representation, except that the public
 159-31  counsel may not intervene in any enforcement or parens patriae
 159-32  proceeding brought by the attorney general; <and>
 159-33              (7)  may appear or intervene before the commissioner or
 159-34  department as a party or otherwise on behalf of small commercial
 159-35  insurance consumers, as a class, in matters involving rates, rules,
 159-36  and forms affecting commercial insurance consumers, as a class, in
 159-37  all proceedings where it is deemed by the counsel that small
 159-38  commercial consumers are in need of representation; and
 159-39              (8)  shall submit to the department for adoption a
 159-40  consumer bill of rights appropriate to each personal line of
 159-41  insurance regulated by the board to be distributed upon the
 159-42  issuance of a policy by insurers to each policyholder under rules
 159-43  adopted by the department.
 159-44        (c) <(i)>  The public counsel may not intervene or appear in
 159-45  any proceedings or hearings before the <board or> commissioner or
 159-46  department, or other proceedings, or make any public or private
 159-47  statements, that relate to approval or consideration of individual
 159-48  charters, licenses, acquisitions, mergers, <or> examinations,
 159-49  proceedings concerning the solvency of individual insurers <after a
 159-50  receiver is appointed>, financial issues, policy forms,
 159-51  advertising, regulatory issues, or other matters affecting
 159-52  individual insurers <insurer> or agents <agent licenses>.  The
 159-53  confidentiality requirements applicable to examination reports
 159-54  under Article 1.18 of this code and to the commissioner under
 159-55  Section 3A, Article 21.28, of this code shall apply to the public
 159-56  counsel.
 159-57        (d) <(j)>  Any order of the commissioner <board> which
 159-58  determines, approves, or sets a rate under this code and is
 159-59  appealed shall be and remain in effect during the pendency of an
 159-60  appeal.  During the pendency of the appeal, an insurer shall use
 159-61  the rate provided in the order being appealed.  Such rate shall be
 159-62  lawful and valid during such appeal, and an insurer shall not be
 159-63  required to make any refund therefrom after a decision on the
 159-64  appeal.  If a decision on appeal shall vacate the order, the rate
 159-65  established by the commissioner <board> prior to the rendition of
 159-66  the vacated order shall be in effect from and after the date of
 159-67  remand and until the commissioner <board> shall  make a further
 159-68  determination; however, the commissioner <board> shall consider the
 159-69  order of the court in setting future rates.
 159-70        Sec. 6.  PUBLIC ACCESS AND INFORMATION.  (a)  The office of
  160-1  public insurance counsel shall prepare information of public
  160-2  interest describing the functions of the office.  The office of
  160-3  public insurance counsel shall make the information available to
  160-4  the public and appropriate state agencies.
  160-5        (b)  The office of public insurance counsel shall prepare and
  160-6  maintain a written plan that describes how a person who does not
  160-7  speak English can be provided reasonable access to the office of
  160-8  public insurance counsel's programs.  The office of public
  160-9  insurance counsel shall also comply with federal and state laws for
 160-10  program and facility accessibility.
 160-11        Sec. 7.  APPLICABILITY OF SUNSET ACT.  <(k)>  The office of
 160-12  public insurance counsel is subject to Chapter 325, Government Code
 160-13  (Texas Sunset Act).  Unless continued in existence as provided by
 160-14  that chapter, the office is abolished September 1, 2005 <1993>.
 160-15             ARTICLE 22.  REDESIGNATION OF PROVISIONS WITH
 160-16             DUPLICATE DESIGNATIONS; CONFORMING AMENDMENTS
 160-17        SECTION 22.01.  Article 3.77, Insurance Code, as added by
 160-18  Chapter 800, Acts of the 71st Legislature, Regular Session, 1989,
 160-19  is reenacted and redesignated as Article 3.78, Insurance Code, to
 160-20  read as follows:
 160-21        Art. 3.78 <3.77>.  Eligibility for Benefits for Alzheimer's
 160-22  Disease.  If an individual or group policy, contract, or
 160-23  certificate, or evidence of coverage providing coverage for
 160-24  Alzheimer's disease is delivered or issued for delivery in this
 160-25  state by an insurer, including a group hospital service corporation
 160-26  under Chapter 20 of this code, and the policy, contract,
 160-27  certificate, or evidence requires demonstrable proof of organic
 160-28  disease or other proof before the insurer will authorize payment of
 160-29  benefits for Alzheimer's disease, a clinical diagnosis of
 160-30  Alzheimer's disease by a physician licensed in this state,
 160-31  including history and physical, neurological, psychological and/or
 160-32  psychiatric evaluations, and laboratory studies, shall satisfy the
 160-33  requirement for demonstrable proof of organic disease or other
 160-34  proof under the coverage.
 160-35        SECTION 22.02.  Subsection (e), Section 2, Article 21.48A,
 160-36  Insurance Code, as added by Section 2, Chapter 327, Acts of the
 160-37  72nd Legislature, Regular Session, 1991, is reenacted and
 160-38  redesignated as Subsection (f) to read as follows:
 160-39        (f) <(e)>  A Lender that requires a Borrower to secure
 160-40  insurance coverage before the Lender will provide a residential
 160-41  mortgage loan shall accept an insurance binder as evidence of the
 160-42  required insurance if:
 160-43              (1)  the insurance binder is issued by a licensed local
 160-44  recording agent as that term is defined by Article 21.14 of this
 160-45  code and, if requested to do so, the agent shall furnish
 160-46  appropriate evidence to the Lender;
 160-47              (2)  the local recording agent is appointed to
 160-48  represent the insurance company whose name appears on the binder
 160-49  and is authorized to issue binders and, if requested to do so, the
 160-50  agent shall furnish appropriate evidence to the Lender;
 160-51              (3)  the insurance binder is accompanied by evidence of
 160-52  payment of the required premium; and
 160-53              (4)  the insurance binder will be replaced by an
 160-54  original insurance policy for the required coverage within 30 days
 160-55  of the date of the issuance of the insurance binder.
 160-56        If the foregoing conditions are met, a Lender may not require
 160-57  a Borrower to provide an original insurance policy in lieu of the
 160-58  insurance binder.
 160-59        SECTION 22.03.  Article 21.49-14, Insurance Code, as added by
 160-60  Section 5.08, Chapter 1, Acts of the 70th Legislature, 1st Called
 160-61  Session, 1987, is reenacted and redesignated as Article 21.49-13,
 160-62  Insurance Code, to read as follows:
 160-63        Art. 21.49-13 <21.49-14>.  Excess Liability Pools
 160-64        Sec. 1.  Definitions.  In this article:
 160-65              (1)  "Pool" means an excess liability pool created
 160-66  under this article.
 160-67              (2)  "Fund" means an excess liability fund.
 160-68              (3)  "Board" means the board of trustees of a pool.
 160-69              (4)  "County" means a county in this state.
 160-70              (5)  "School district" means a public school district
  161-1  created under the laws of this state.
  161-2              (6)  "Junior college district" means a junior college
  161-3  district organized under the laws of this state.
  161-4              (7)  "Entity" means a county, school district, or
  161-5  junior college district.
  161-6        Sec. 2.  Creation of pools.  (a)  Separate excess liability
  161-7  pools may be created for counties, school districts, and junior
  161-8  college districts as provided by this article.
  161-9        (b)  An excess liability pool may be created:
 161-10              (1)  for counties, on written agreement to create the
 161-11  pool by the county judges of not fewer than five counties in this
 161-12  state;
 161-13              (2)  for school districts, on written agreement to
 161-14  create the pool by the presidents of the boards of trustees, acting
 161-15  on behalf of their boards, of not fewer than five school districts
 161-16  in this state; or
 161-17              (3)  for junior college districts, on written agreement
 161-18  to create the pool by the presiding officers of the boards of
 161-19  trustees, acting on behalf of their boards, of not fewer than five
 161-20  junior college districts in this state.
 161-21        (c)  An excess liability pool is created to provide excess
 161-22  liability insurance coverage as provided by this article and the
 161-23  plan.
 161-24        (d)  An entity may participate only in a pool created for
 161-25  that type of entity.  There may not be more than one county excess
 161-26  liability pool, one school district excess liability pool, and one
 161-27  junior college district excess liability pool.
 161-28        Sec. 3.  Scope of coverage.  (a)  A pool shall insure an
 161-29  entity and its officers and employees against liability for acts
 161-30  and omissions under the laws governing that entity and its officers
 161-31  and employees in their official or employment capacities.
 161-32        (b)  Under excess liability insurance coverage, a pool shall
 161-33  pay that portion of a claim against an entity and its officers and
 161-34  employees that is finally determined or settled or is included in a
 161-35  final judgment of a court and that is in excess of $500,000, but
 161-36  the amount paid by the pool may not be in excess of the amount
 161-37  determined by the board to be actuarially sound for the pool.
 161-38        (c)  Under the insurance coverage, the pool may participate
 161-39  in the evaluation, settlement, or defense of any claim.
 161-40        Sec. 4.  Participation in pool.  An entity is entitled to
 161-41  coverage from the pool on:
 161-42              (1)  submitting a complete application;
 161-43              (2)  providing any other information required by the
 161-44  pool;
 161-45              (3)  meeting the underwriting standards established by
 161-46  the pool; and
 161-47              (4)  paying the premiums required for the coverage.
 161-48        Sec. 5.  Payment of contributions and premiums.  An entity
 161-49  purchasing excess liability insurance coverage from the pool may
 161-50  use funds of the entity to pay any contributions or premiums
 161-51  required by the pool for the coverage.
 161-52        Sec. 6.  Plan of operation.  (a)  At the time the written
 161-53  agreement is executed under Section 2 of this article, the creators
 161-54  shall select nine persons to serve as a temporary board to draft
 161-55  the plan of operation for a pool.
 161-56        (b)  Within 30 days after selection, the members of a
 161-57  temporary board shall meet to prepare a detailed plan of operation
 161-58  for the pool.
 161-59        (c)  The plan of operation may include any matters relating
 161-60  to the organization and operation of the pool and the pool's
 161-61  finances.  The plan must include:
 161-62              (1)  the organizational structure of the pool,
 161-63  including the method of selection of the board, the method of
 161-64  procedure and operation of the board, and a summary of the method
 161-65  for managing and operating the pool;
 161-66              (2)  a description of the contributions and other
 161-67  financial arrangements necessary to cover the initial expenses of
 161-68  the pool and estimates supported by statistical data of the amounts
 161-69  of those contributions or other financial arrangements;
 161-70              (3)  underwriting standards and procedures for the
  162-1  evaluation of risks;
  162-2              (4)  procedures for purchase of reinsurance;
  162-3              (5)  methods, procedures, and guidelines for
  162-4  establishing rates for premiums for and maximum limits of excess
  162-5  coverage available from the pool;
  162-6              (6)  procedures for the processing and payment of
  162-7  claims;
  162-8              (7)  methods and procedures for defraying any losses
  162-9  and expenses of the pool;
 162-10              (8)  methods, procedures, and guidelines for the
 162-11  management and investment of the fund;
 162-12              (9)  guidelines for nonrenewal of coverage;
 162-13              (10)  minimum limits of capital and surplus to be
 162-14  maintained by the pool; and
 162-15              (11)  minimum standards for reserve requirements for
 162-16  the pool.
 162-17        (d)  The temporary board shall complete and adopt the plan of
 162-18  operation within 90 days after the date of the appointment of the
 162-19  temporary board.
 162-20        (e)  Within 15 days following the day on which the plan of
 162-21  operation is adopted, the first board must be selected as provided
 162-22  by the plan of operation.   The members of the first board shall
 162-23  take office not later than the 30th day following the date of the
 162-24  adoption of the plan of operation.
 162-25        Sec. 7.  Board of trustees.  (a)  A pool is governed by a
 162-26  board of nine trustees selected as provided by the plan of
 162-27  operation.
 162-28        (b)  Members of the board serve for terms of two years with
 162-29  the terms expiring at the time provided by the plan of operation.
 162-30        (c)  A vacancy on the board shall be filled as provided by
 162-31  the plan of operation.
 162-32        (d)  A person serving on the board who is an officer or
 162-33  employee of an entity covered by the pool performs duties on the
 162-34  board as additional duties required of his original office or
 162-35  employment.
 162-36        (e)  Each member of the board shall execute a bond in the
 162-37  amount required by the plan of operation payable to the pool and
 162-38  conditioned on the faithful performance of his duties.  The pool
 162-39  shall pay the cost of the bond.
 162-40        (f)  Members of the board are not entitled to compensation
 162-41  for their service on the board.
 162-42        (g)  The board shall select from its membership persons to
 162-43  serve as chairman, vice-chairman, and secretary.  The persons
 162-44  selected serve for terms of one year that expire as provided by the
 162-45  plan of operation.
 162-46        (h)  The board shall hold meetings at the call of the
 162-47  chairman and at times established by its rules.
 162-48        (i)  A majority of the members of the board constitutes a
 162-49  quorum.
 162-50        (j)  In addition to other duties provided by this article and
 162-51  the plan of operation, the board shall:
 162-52              (1)  approve contracts other than excess liability
 162-53  insurance contracts issued to entities by the pool;
 162-54              (2)  consider and adopt premium rate schedules for the
 162-55  pool;
 162-56              (3)  consider and adopt policy forms for the pool;
 162-57              (4)  receive service of summons on behalf of the pool;
 162-58  and
 162-59              (5)  appoint and supervise the activities of the pool
 162-60  manager.
 162-61        (k)  In addition to other authority provided by this article,
 162-62  the board may:
 162-63              (1)  adopt necessary rules;
 162-64              (2)  delegate specific responsibilities to the pool
 162-65  manager; and
 162-66              (3)  amend the plan of operation to assure the orderly
 162-67  management and operation of the pool.
 162-68        (l)  A member of the board is not liable with respect to a
 162-69  claim or judgment for which coverage is provided by the pool or for
 162-70  a claim or judgment against an entity covered by the pool against
  163-1  whom a claim is made.
  163-2        Sec. 8.  Pool Manager.  (a)  The board shall appoint a pool
  163-3  manager who shall serve at the pleasure of the board.
  163-4        (b)  The pool manager is entitled to receive the compensation
  163-5  authorized by the board.
  163-6        (c)  The pool manager shall execute a bond in the amount
  163-7  determined by the board, payable to the pool, conditioned on the
  163-8  faithful performance of his duties.  The pool shall pay the cost of
  163-9  the bond.
 163-10        (d)  The pool manager shall manage and conduct the affairs of
 163-11  the pool under the general supervision of the board and shall
 163-12  perform any other duties directed by the board.
 163-13        (e)  In addition to any other duties provided by this article
 163-14  or by the board, the pool manager shall:
 163-15              (1)  receive and pass on applications from entities for
 163-16  excess liability coverage from the pool;
 163-17              (2)  negotiate contracts for the pool;
 163-18              (3)  prepare premium rate schedules for the approval of
 163-19  the board;
 163-20              (4)  collect and compile statistical data relating to
 163-21  the excess liability coverage provided by the pool, including
 163-22  relevant loss, expense, and premium data, and make that information
 163-23  available to the board and to the public; and
 163-24              (5)  prepare and submit to the board for approval
 163-25  proposed policy forms for pool coverage.
 163-26        (f)  The pool manager may refuse to renew the coverage of any
 163-27  entity insured by the pool based on the guidelines provided by the
 163-28  plan of operation.
 163-29        Sec. 9.  Employees and other personnel.  (a)  The pool
 163-30  manager shall employ or contract with persons necessary to assist
 163-31  the board and pool manager in carrying out the powers and duties of
 163-32  the pool.
 163-33        (b)  The board shall approve compensation paid to employees
 163-34  of the pool and contracts made with other persons under this
 163-35  section.
 163-36        (c)  The board may require any employee or person with whom
 163-37  it contracts under this section to execute a bond in an amount
 163-38  determined by the board, payable to the board, and conditioned on
 163-39  the faithful performance of the employee's or person's duties or
 163-40  responsibilities to the pool.
 163-41        (d)  An employee or person with whom the pool has contracted
 163-42  under this section is not liable with respect to any claim or
 163-43  judgment for which coverage is provided by the pool or for any
 163-44  claim or judgment against any entity covered by the pool against
 163-45  whom a claim is made.
 163-46        Sec. 10.  Office.  (a)  A pool shall maintain its principal
 163-47  office in Austin, Texas.
 163-48        (b)  The records, files, and other documents and information
 163-49  relating to the pool must be maintained in the pool's principal
 163-50  office.
 163-51        Sec. 11.  Rules.  The board may adopt and amend rules to
 163-52  carry out this article.
 163-53        Sec. 12.  General powers and duties.  (a)  A pool shall:
 163-54              (1)  issue excess liability coverage to each entity
 163-55  entitled to coverage under this article;
 163-56              (2)  collect premiums for coverage issued or renewed by
 163-57  the pool;
 163-58              (3)  process and pay valid claims; and
 163-59              (4)  maintain detailed data regarding the pool.
 163-60        (b)  The pool may:
 163-61              (1)  enter into contracts;
 163-62              (2)  purchase reinsurance;
 163-63              (3)  cancel or refuse to renew coverage; and
 163-64              (4)  perform any other acts necessary to carry out this
 163-65  article, the plan of operation, and the rules adopted by the board.
 163-66        Sec. 13.  Excess liability fund.  (a)  On creation of a pool,
 163-67  the first board shall create an excess liability fund.
 163-68        (b)  The fund is composed of:
 163-69              (1)  premiums paid by entities for coverage by the
 163-70  pool;
  164-1              (2)  contributions and other money received by the pool
  164-2  to cover the initial expenses of the fund;
  164-3              (3)  investments and money earned from investments of
  164-4  the fund; and
  164-5              (4)  any other money received by the pool.
  164-6        (c)  The pool manager shall manage the fund under the general
  164-7  supervision of the board.
  164-8        (d)  Administrative expenses of the pool may be paid from the
  164-9  fund, but payments for this purpose during any fiscal year of the
 164-10  pool may not exceed the amount established by the board.
 164-11        (e)  Money in the fund may not be used to pay punitive
 164-12  damages, fines or penalties for violation of a civil or criminal
 164-13  statute, or fines or penalties imposed for violation of an
 164-14  administrative rule or regulation, or an order, rule, or ordinance.
 164-15        (f)  Money for a claim may not be paid from the fund under
 164-16  excess liability insurance coverage unless and until all benefits
 164-17  payable under any other underlying policy of liability insurance
 164-18  covering the claim or judgment are exhausted.
 164-19        (g)  The board may select one or more banks to serve as
 164-20  depository for money of the fund.  Before the pool manager deposits
 164-21  fund money in a depository bank in an amount that exceeds the
 164-22  maximum amount secured by the Federal Deposit Insurance
 164-23  Corporation, the bank must execute a bond or provide other security
 164-24  in an amount sufficient to secure from loss the fund money that
 164-25  exceeds the amount secured by the Federal Deposit Insurance
 164-26  Corporation.
 164-27        (h)  Each year as provided by the plan of operation, the
 164-28  board shall have an actuary who is a member of the American Academy
 164-29  of Actuaries audit the capital, surplus, and reserves of the pool
 164-30  and prepare for the pool and its members a formal report.
 164-31        Sec. 14.  Investments.  (a)  The fund manager, under the
 164-32  general supervision of the board, shall manage and invest the money
 164-33  in the fund in the manner provided by the plan of operation.
 164-34        (b)  Money earned by investment of money in the fund must be
 164-35  deposited in the fund or reinvested for the fund.
 164-36        Sec. 15.  Contributions.  The board shall determine the
 164-37  amount of any contributions necessary to meet initial expenses of
 164-38  the pool.  The board shall make this determination based on the
 164-39  data provided in the plan of operation.
 164-40        Sec. 16.  Premium rates; limits of coverage.  (a)  The board
 164-41  shall determine the rates for premiums that will be charged and the
 164-42  maximum limits of coverage provided to assure that the pool is
 164-43  actuarially sound.
 164-44        (b)  The pool manager shall prepare the statistical data and
 164-45  other information and the proposed rate schedules and maximum
 164-46  limits of coverage for consideration of the board.
 164-47        (c)  The board shall periodically reexamine the rate
 164-48  schedules and the maximum limits of coverage as conditions change.
 164-49        Sec. 17.  Coverage period.  (a)  On accepting coverage from
 164-50  the pool, an entity shall maintain that coverage for a period not
 164-51  less than 36 calendar months following the month the coverage is
 164-52  issued.
 164-53        (b)  An entity that voluntarily discontinues coverage in the
 164-54  pool may not again obtain coverage from the pool for at least 36
 164-55  calendar months following the month in which the coverage was
 164-56  discontinued.
 164-57        Sec. 18.  Coverage.  Excess liability coverage provided by
 164-58  the pool may be provided on a claims-made or an occurrence basis.
 164-59        Sec. 19.  Nonrenewal.  (a)  Except as provided by Subsection
 164-60  (b) of this section, the pool may refuse to renew the coverage of
 164-61  any entity that fails to comply with the pool's underwriting
 164-62  standards.
 164-63        (b)  The pool may not refuse to renew the coverage of an
 164-64  entity for the first 36 calendar months following the month in
 164-65  which the entity was first insured by the pool.
 164-66        (c)  Section 17(b) of this article does not apply to
 164-67  discontinuance of an entity's coverage if the pool refuses renewal
 164-68  under this section.  An entity whose coverage is not renewed is not
 164-69  eligible to apply for new coverage during the 12 calendar months
 164-70  beginning after the month in which the pool gave written notice
  165-1  that it would not renew the coverage.
  165-2        Sec. 20.  Shortage of available money.  (a)  If money in the
  165-3  fund will be exhausted by payment of all final and settled claims
  165-4  and final judgments during the fiscal year, the amount paid by the
  165-5  pool to each person having a claim or judgment shall be prorated,
  165-6  with each person receiving an amount that is equal to the
  165-7  percentage the amount owed to him by the pool bears to the total
  165-8  amount owed, outstanding, and payable by the pool.
  165-9        (b)  The remaining amount that is due and unpaid to a person
 165-10  who receives prorated payment under Subsection (a) of this section
 165-11  must be paid in the immediately following fiscal year.
 165-12        Sec. 21.  Commissions.  A pool may pay commissions from the
 165-13  fund on approval of the board.
 165-14        Sec. 22.  Application of other laws.  (a)  Except as provided
 165-15  by Subsection (b) of this section, the pool is not considered
 165-16  insurance under the Insurance Code and other laws of this state,
 165-17  and the State Board of Insurance has no jurisdiction over the pool.
 165-18        (b)  The pool shall collect the necessary data, information,
 165-19  and statements and shall file with the State Board of Insurance the
 165-20  reports and statements required by Articles 1.24A and 1.24B and is
 165-21  subject to 21.21 of this code.
 165-22        SECTION 22.04.  Section 5, Article 17.25, Insurance Code, is
 165-23  amended to read as follows:
 165-24        Sec. 5.  Policy Forms Prescribed.  Each county mutual
 165-25  insurance company shall be subject to the provisions of Article
 165-26  5.06 and <of> Article 5.35 <and of Article 5.36> of this Code.  The
 165-27  Board of Insurance Commissioners pursuant to Article 5.35 may in
 165-28  its discretion make, promulgate and establish uniform policies for
 165-29  county mutual insurance companies different from the uniform
 165-30  policies made, promulgated and established for use by companies
 165-31  other than county mutual insurance companies, and shall prescribe
 165-32  the conditions under which such policies may be adopted and used by
 165-33  county mutual insurance companies, and the conditions under which
 165-34  such companies shall adopt and use the same forms and no others as
 165-35  are prescribed for other companies.
 165-36        SECTION 22.05.  Article 8.24(i), Insurance Code, is amended
 165-37  to read as follows:
 165-38        (i)  The department shall have authority to suspend or revoke
 165-39  the certificate of authority of any insurance carrier authorized to
 165-40  do business in Texas under this Article, if the State Board of
 165-41  Insurance, after notice and opportunity for hearing, shall find
 165-42  that such carrier has systematically, with neglect and with willful
 165-43  disregard, failed to comply with its obligations derived from the
 165-44  contracts of insurance, and the laws applicable thereto, as
 165-45  contained in policies issued in the State of Texas.
 165-46        Any carrier aggrieved by an order of the State Board of
 165-47  Insurance hereunder shall be entitled to appeal therefrom pursuant
 165-48  to the provisions of Article 1.04 <1.04(f)> of this code <the
 165-49  Insurance Code>.
 165-50        SECTION 22.06.  Section 9, Article 21.49, Insurance Code, is
 165-51  amended to read as follows:
 165-52        Sec. 9.  Appeals.  Any person insured pursuant to this Act,
 165-53  or his duly authorized representative, or any affected insurer who
 165-54  may be aggrieved by an act, ruling or decision of the Association,
 165-55  may, within 30 days after such act, ruling or decision, appeal to
 165-56  the commissioner.  In the event the Association is aggrieved by the
 165-57  action of the commissioner with respect to any ruling, order, or
 165-58  determination of the commissioner, it may, within 30 days after
 165-59  such action, make a written request to the commissioner, for a
 165-60  hearing thereon.  The commissioner shall hear the Association, or
 165-61  the appeal from an act, ruling or decision of the Association,
 165-62  within 30 days after receipt of such request or appeal and shall
 165-63  give not less than 10 days' written notice of the time and place of
 165-64  hearing to the Association making such request or the person, or
 165-65  his duly authorized representative, appealing from the act, ruling
 165-66  or decision of the Association. A hearing on an act, ruling or
 165-67  decision of the Association relating to the payment of, the amount
 165-68  of, or the denial of a particular claim shall be held, at the
 165-69  request of the claimant, in either the county in which the covered
 165-70  property is located or Travis County.  Within 30 days after the
  166-1  hearing, the commissioner shall affirm, reverse or modify its
  166-2  previous action or the act, ruling or decision appealed to the
  166-3  commissioner.  Pending such hearing and decision thereon, the
  166-4  commissioner may suspend or postpone the effective date of its
  166-5  previous rule or of the act, ruling or decision appealed to the
  166-6  commissioner.  The Association, or the person aggrieved by any
  166-7  order or decision of the commissioner, may thereafter appeal to
  166-8  either a District Court of Travis County, Texas, or a District
  166-9  Court in the county in which the covered property is located.  An
 166-10  action brought under this section is subject to the procedures
 166-11  established under Article 1.04 <1.04(f)> of this code.
 166-12        SECTION 22.07.  Section 7(b), Article 21.49-3, Insurance
 166-13  Code, is amended to read as follows:
 166-14        (b)  In the event any person insured or applying for
 166-15  insurance is aggrieved by the final action of the board of
 166-16  directors of the association, the aggrieved party may, within 30
 166-17  days after such action, make a written request to the commissioner
 166-18  for a hearing thereon.  The commissioner shall hear the appeal from
 166-19  an act, ruling, or decision of the association, within 30 days
 166-20  after receipt of such request or appeal and shall give not less
 166-21  than 10 days' written notice of the time and place of hearing to
 166-22  the person, or his duly authorized representative, appealing from
 166-23  the act, ruling, or decision of the board of directors of the
 166-24  association.  Within 30 days after such hearing, the commissioner
 166-25  shall affirm, reverse, or modify the act, ruling, or decision
 166-26  appealed to the commissioner.  Pending such hearing and decision
 166-27  thereon, the commissioner may suspend or postpone the effective
 166-28  date of the rule or of the act, ruling, or decision appealed. The
 166-29  association, or the person aggrieved by any order or decision of
 166-30  the commissioner, may thereafter appeal in accordance with Article
 166-31  1.04 <1.04(f)> of this code.
 166-32                  ARTICLE 23.  CONSOLIDATION OF FUNDS
 166-33        SECTION 23.01.  The application of Sections 403.094 and
 166-34  403.095, Government Code, to a fund or the permissible uses of
 166-35  revenue or fund balances is not affected by this Act.
 166-36                ARTICLE 24.  EFFECTIVE DATE; EMERGENCY
 166-37        SECTION 24.01.  Except as otherwise provided by this Act,
 166-38  this Act takes effect September 1, 1993.
 166-39        SECTION 24.02.   Section 20.16 of this Act shall only apply
 166-40  to policies and certificates of insurance issued on or after
 166-41  September 1, 1993.
 166-42        SECTION 24.03.  The importance of this legislation and the
 166-43  crowded condition of the calendars in both houses create an
 166-44  emergency and an imperative public necessity that the
 166-45  constitutional rule requiring bills to be read on three several
 166-46  days in each house be suspended, and this rule is hereby suspended,
 166-47  and that this Act take effect and be in force according to its
 166-48  terms, and it is so enacted.
 166-49                               * * * * *
 166-50                                                         Austin,
 166-51  Texas
 166-52                                                         May 22, 1993
 166-53  Hon. Bob Bullock
 166-54  President of the Senate
 166-55  Sir:
 166-56  We, your Committee on Economic Development to which was referred
 166-57  H.B. No. 1461, have had the same under consideration, and I am
 166-58  instructed to report it back to the Senate with the recommendation
 166-59  that it do not pass, but that the Committee Substitute adopted in
 166-60  lieu thereof do pass and be printed.
 166-61                                                         Parker,
 166-62  Chairman
 166-63                               * * * * *
 166-64                               WITNESSES
 166-65                                                  FOR   AGAINST  ON
 166-66  ___________________________________________________________________
 166-67  Name:  Ann Richards                                            x
 166-68  Representing:
 166-69  City:  Austin
 166-70  -------------------------------------------------------------------
  167-1  Name:  Allene Evans                                            x
  167-2  Representing:  State Board of Insurance
  167-3  City:  Austin
  167-4  -------------------------------------------------------------------
  167-5  Name:  Fred B. Werkenthin                                      x
  167-6  Representing:  Farmers Insurance Group
  167-7  City:  Austin
  167-8  -------------------------------------------------------------------
  167-9  Name:  Burnie Burnie                             x
 167-10  Representing:  Various Clients
 167-11  City:  Austin
 167-12  -------------------------------------------------------------------
 167-13  Name:  Bob Wilsford                                            x
 167-14  Representing:  Fireman's Fund Ins. Co.
 167-15  City:  Dallas
 167-16  -------------------------------------------------------------------
 167-17  Name:  Joe Walraven                                            x
 167-18  Representing:  Sunset Advisory Commission
 167-19  City:  Austin
 167-20  -------------------------------------------------------------------
 167-21  Name:  Danny Mize                                x
 167-22  Representing:  General Accident Ins. Co.
 167-23  City:  Houston
 167-24  -------------------------------------------------------------------
 167-25  Name:  Bob Huxel                                 x
 167-26  Representing:  IIAT
 167-27  City:  Austin
 167-28  -------------------------------------------------------------------
 167-29  Name:  James K. Presnal                          x
 167-30  Representing:  State Farm Insurance Co.
 167-31  City:  Austin
 167-32  -------------------------------------------------------------------
 167-33  Name:  Jay Thompson                              x
 167-34  Representing:  AFACT
 167-35  City:  Austin
 167-36  -------------------------------------------------------------------
 167-37  Name:  Wade Spilman                                            x
 167-38  Representing:  Exxon Corporation
 167-39  City:  Austin
 167-40  -------------------------------------------------------------------
 167-41  Name:  Chet Brooks                                             x
 167-42  Representing:  Various Clients
 167-43  City:  Austin
 167-44  -------------------------------------------------------------------
 167-45                                                  FOR   AGAINST  ON
 167-46  ___________________________________________________________________
 167-47  Name:  Paul F. Davis                                           x
 167-48  Representing:  Texas Pharmaceutical Assn.
 167-49  City:  Austin
 167-50  -------------------------------------------------------------------
 167-51  Name:  Will D. Davis                             x
 167-52  Representing:  TLROA
 167-53  City:  Austin
 167-54  -------------------------------------------------------------------
 167-55  Name:  Leticia Van de Putt                                     x
 167-56  Representing:  Self
 167-57  City:  San Antonio
 167-58  -------------------------------------------------------------------
 167-59  Name:  Richard Gieger                                          x
 167-60  Representing:  AFACT
 167-61  City:  Dallas
 167-62  -------------------------------------------------------------------
 167-63  Name:  Mary Ann Raesener                                       x
 167-64  Representing:  Tx HMO Assn.
 167-65  City:  Austin
 167-66  -------------------------------------------------------------------
 167-67  Name:  Kim Yelkin                                x
 167-68  Representing:  Tx Surplus Lines Assn.
 167-69  City:  Austin
 167-70  -------------------------------------------------------------------
  168-1  Name:  Jon M. Livers                             x
  168-2  Representing:  Gulf Insurance Group
  168-3  City:  Trophy Club, Tx
  168-4  -------------------------------------------------------------------
  168-5  Name:  Pamela Brown                                            x
  168-6  Representing:  Consumers Union
  168-7  City:  Austin
  168-8  -------------------------------------------------------------------
  168-9  Name:  Tom Bond                                  x
 168-10  Representing:  Tx HMO Assn, NAII, Others
 168-11  City:  Austin
 168-12  -------------------------------------------------------------------
 168-13  Name:  John Vasquez                              x
 168-14  Representing:  Self
 168-15  City:  Austin
 168-16  -------------------------------------------------------------------
 168-17  Name:  Wally Goodman                             x
 168-18  Representing:  Ind. Insurance Agents of Tx
 168-19  City:  Corpus Christi
 168-20  -------------------------------------------------------------------
 168-21  Name:  Bob Duke                                  x
 168-22  Representing:  Ins. Premium Finance Co.
 168-23  City:  Austin
 168-24  -------------------------------------------------------------------
 168-25  Name:  Joseph C. Boggins                         x
 168-26  Representing:  Mid-American Indemnity Ins. Co
 168-27  City:  Austin
 168-28  -------------------------------------------------------------------
 168-29  Name:  Robert C. Sneed                                         x
 168-30  Representing:  Tx Assn. Life Ins. Officials
 168-31  City:  Austin
 168-32  -------------------------------------------------------------------
 168-33  Name:  Kenneth Tooley                            x
 168-34  Representing:  Tx Assn. of Life Underwriters
 168-35  City:  Austin
 168-36  -------------------------------------------------------------------
 168-37  Name:  Charlotte Flynn                                         x
 168-38  Representing:  Gray Panthers
 168-39  City:  Austin
 168-40  -------------------------------------------------------------------
 168-41  Name:  Don B. Mauro                              x
 168-42  Representing:  Fields Financial Services, Inc
 168-43  City:  Austin
 168-44  -------------------------------------------------------------------
 168-45                                                  FOR   AGAINST  ON
 168-46  ___________________________________________________________________
 168-47  Name:  Jan Ferguson                              x
 168-48  Representing:  Prop. & Casualty Guaranty Assn
 168-49  City:  Austin
 168-50  -------------------------------------------------------------------
 168-51  Name:  Edwin Benjamin                                          x
 168-52  Representing:  People's Insurance Adjustor
 168-53  City:  Austin
 168-54  -------------------------------------------------------------------
 168-55  Name:  Roy Ray                                                 x
 168-56  Representing:  AARP
 168-57  City:  Austin
 168-58  -------------------------------------------------------------------
 168-59  Name:  Linda Garner                                            x
 168-60  Representing:  Accident Ins. Services, Inc.
 168-61  City:  Houston
 168-62  -------------------------------------------------------------------
 168-63  Name:  Dane Harris                                             x
 168-64  Representing:  Tx Assn. of Business
 168-65  City:  Austin
 168-66  -------------------------------------------------------------------
 168-67  Name:  Brian Davis                                             x
 168-68  Representing:  T.E. Moor & Co./Tembico, Inc.
 168-69  City:  Austin
 168-70  -------------------------------------------------------------------
  169-1  Name:  C. Dean Davis                             x
  169-2  Representing:  Tx Pharmaceutical Assn.
  169-3  City:  Austin
  169-4  -------------------------------------------------------------------
  169-5  Name:  Robert W. Blevins                                       x
  169-6  Representing:  Tx Life Ins. Assn.
  169-7  City:  Dallas
  169-8  -------------------------------------------------------------------
  169-9  Name:  Harold G. Duble                                         x
 169-10  Representing:  Highlands Insurance Co.
 169-11  City:  Houston
 169-12  -------------------------------------------------------------------
 169-13  Name:  William C. Marcoux                                      x
 169-14  Representing:  Lloyds of London
 169-15  City:  Washington, DC
 169-16  -------------------------------------------------------------------
 169-17  Name:  Terri Wyne                                              x
 169-18  Representing:  Property Loss Claim Service
 169-19  City:  Cedar Park
 169-20  -------------------------------------------------------------------
 169-21  Name:  Pam Beachley                                            x
 169-22  Representing:  Business Ins. Consumers Assn.
 169-23  City:  Austin
 169-24  -------------------------------------------------------------------
 169-25  Name:  Ken Wendler                               x
 169-26  Representing:  TP&CGA
 169-27  City:  Austin
 169-28  -------------------------------------------------------------------