H.B. No. 1540
    1-1                                AN ACT
    1-2  relating to the regulation of multiple employer welfare
    1-3  arrangements; creating offenses and providing civil and criminal
    1-4  penalties; providing for fees.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 3, Insurance Code, is amended by adding
    1-7  Subchapter I to read as follows:
    1-8         SUBCHAPTER I.  MULTIPLE EMPLOYER WELFARE ARRANGEMENTS
    1-9        Art. 3.95-1.  DEFINITIONS.  In this subchapter:
   1-10              (1)  "Board" means the State Board of Insurance.
   1-11              (2)  "Commissioner" means the commissioner of
   1-12  insurance.
   1-13              (3)  "Employee welfare benefit plan" has the meaning
   1-14  assigned by Section 3(1) of the Employee Retirement Income Security
   1-15  Act of 1974 (29 U.S.C. Section 1002(1)).
   1-16              (4)  "Fully insured multiple employer welfare
   1-17  arrangement" means a multiple employer welfare arrangement that
   1-18  provides benefits to its participating employees and beneficiaries
   1-19  for which 100 percent of the liability has been assumed by an
   1-20  insurance company authorized to do business in this state.
   1-21              (5)  "Multiple employer welfare arrangement" has the
   1-22  meaning assigned by Section 3(40) of the Employee Retirement Income
   1-23  Security Act of 1974 (29 U.S.C.  Section 1002(40)) to describe an
   1-24  entity which meets either or both of the following criteria:
    2-1                    (A)  one or more of the employer members in the
    2-2  multiple employer welfare arrangement is either domiciled in this
    2-3  state or has its principal headquarters or principal administrative
    2-4  office in this state; or
    2-5                    (B)  the multiple employer welfare arrangement
    2-6  solicits an employer that is domiciled in this state or has its
    2-7  principal headquarters or principal administrative office in this
    2-8  state.
    2-9        Art. 3.95-2.  CERTIFICATE OF AUTHORITY.  (a)  A person shall
   2-10  not establish or maintain an employee welfare benefit plan which is
   2-11  a multiple employer welfare arrangement in this state unless the
   2-12  multiple employer welfare arrangement obtains and maintains a
   2-13  certificate of authority pursuant to this subchapter.  This
   2-14  subchapter shall not apply to a fully insured multiple employer
   2-15  welfare arrangement for so long as such multiple employer welfare
   2-16  arrangement remains fully insured.  The commissioner may, from time
   2-17  to time, require proof that the multiple employer welfare
   2-18  arrangement is fully insured.
   2-19        (b)  A person wishing to establish an employee welfare
   2-20  benefit plan which is a multiple employer welfare arrangement shall
   2-21  apply for an initial certificate of authority on a form prescribed
   2-22  by the commissioner.  The application shall be completed and
   2-23  submitted along with all information required by the commissioner,
   2-24  including:
   2-25              (1)  copies of all articles, bylaws, agreements,
   2-26  trusts, or other documents or instruments describing the rights and
   2-27  obligations of employers, employees, and beneficiaries with respect
    3-1  to the multiple employer welfare arrangement;
    3-2              (2)  current financial statements of the multiple
    3-3  employer welfare arrangement;
    3-4              (3)  proof of a fidelity bond which shall protect
    3-5  against acts of fraud or dishonesty in servicing the multiple
    3-6  employer welfare arrangement, covering each person responsible for
    3-7  servicing the employee welfare benefit plan in an amount equal to
    3-8  the greater of 10 percent of the premiums and contributions
    3-9  received by the multiple employer welfare arrangement, or 10
   3-10  percent of the benefits paid, during the preceding calendar year,
   3-11  with a minimum of $10,000 and a maximum of $500,000; no additional
   3-12  bond shall be required of a third-party administrator licensed to
   3-13  engage in business in this state;
   3-14              (4)  a statement showing in full detail the plan on
   3-15  which the multiple employer welfare arrangement proposes to
   3-16  transact business;
   3-17              (5)  an initial actuarial opinion in compliance with
   3-18  the requirements of Subsection (a)(2), Article 3.95-8, of this code
   3-19  and subject to Subsection (c), Article 3.95-8, of this code; and
   3-20              (6)  a certification by the applicant that the multiple
   3-21  employer welfare arrangement is in compliance with all applicable
   3-22  provisions of the Employee Retirement Income Security Act of 1974
   3-23  (29 U.S.C. Section 1001 et seq.).
   3-24        (c)  The commissioner shall promptly examine the application
   3-25  and documents submitted by the applicant and shall have the power
   3-26  to conduct any investigation which the commissioner may deem
   3-27  necessary and to examine under oath any persons interested in or
    4-1  connected with the multiple employer welfare arrangement.
    4-2        (d)  Within 60 days of the filing of the application, the
    4-3  commissioner shall issue the initial certificate of authority,
    4-4  which shall be a temporary certificate for a term of one year, to a
    4-5  multiple employer welfare arrangement, provided all of the
    4-6  following conditions have been met:
    4-7              (1)  the employers in the multiple employer welfare
    4-8  arrangement are members of an association or group of five or more
    4-9  businesses which are in the same trade or industry, including
   4-10  closely related businesses which provide support, services, or
   4-11  supplies primarily to that trade or industry;
   4-12              (2)  if an association, that the association in the
   4-13  multiple employer welfare arrangement is engaged in substantial
   4-14  activity for its members other than sponsorship of an employee
   4-15  welfare benefit plan;
   4-16              (3)  if an association, that the association in the
   4-17  multiple employer welfare arrangement has been in existence for a
   4-18  period of not less than two years prior to engaging in any
   4-19  activities relating to the provision of employee health benefits to
   4-20  its members;
   4-21              (4)  the employee welfare plan of the association or
   4-22  group in the multiple employer welfare arrangement is controlled
   4-23  and sponsored directly by participating employers, participating
   4-24  employees, or both;
   4-25              (5)  the association or group of employers in the
   4-26  multiple employer welfare arrangement is a not-for-profit
   4-27  organization;
    5-1              (6)  the multiple employer welfare arrangement has
    5-2  within its own organization adequate facilities and competent
    5-3  personnel, as determined by the commissioner, to service the
    5-4  employee benefit plan or has contracted with a third-party
    5-5  administrator licensed to engage in business in this state;
    5-6              (7)  the multiple employer welfare arrangement has
    5-7  applications from not less than five employers and will provide
    5-8  similar benefits for not less than 200 separate participating
    5-9  employees, and the annual gross premiums of or contributions to the
   5-10  plan will be not less than $20,000 for a plan that provides only
   5-11  vision benefits, $75,000 for a plan that provides only dental
   5-12  benefits, and $200,000 for all other plans;
   5-13              (8)  the multiple employer welfare arrangement
   5-14  possesses a written commitment, binder, or policy for stop-loss
   5-15  insurance issued by an insurer authorized to do business in this
   5-16  state providing not less than 30 days notice to the commissioner of
   5-17  any cancellation or nonrenewal of coverage and which provides both
   5-18  specific and aggregate coverage with an aggregate retention of no
   5-19  more than 125 percent of the amount of expected claims for the next
   5-20  plan year and a specific retention amount annually determined by
   5-21  the actuarial report required by Article 3.95-8 of this code;
   5-22              (9)  both the specific and aggregate coverage will
   5-23  require all claims to be submitted within 90 days after the claim
   5-24  is incurred and provide a 12-month claims incurred period and a
   5-25  15-month paid claims period for each policy year;
   5-26              (10)  the contributions shall be set to fund at least
   5-27  100 percent of the aggregate retention plus all other costs of the
    6-1  multiple employer welfare arrangements;
    6-2              (11)  if the reserves required by Subsection (a)(2)(B),
    6-3  Article 3.95-8, of this code exceed the greater of 40 percent of
    6-4  the total contributions for the preceding plan year or 40 percent
    6-5  of the total contributions expected for the current plan year, the
    6-6  contributions may be reduced to fund less than 100 percent of the
    6-7  aggregate retention plus all other costs of the multiple employer
    6-8  welfare arrangement, but in no event less than the level of
    6-9  contributions necessary to fund the minimum reserves required under
   6-10  Subsection (a)(2)(B), Article 3.95-8, of this code;
   6-11              (12)  the reserves described in Subsection (a)(2)(B),
   6-12  Article 3.95-8, of this code have been established or will be
   6-13  established before the final certificate of authority is issued;
   6-14              (13)  the multiple employer welfare arrangement has
   6-15  established a procedure for handling claims for benefits in the
   6-16  event of dissolution of the multiple employer welfare arrangement;
   6-17  and
   6-18              (14)  the multiple employer welfare arrangement has
   6-19  obtained the required bond.
   6-20        (e)  On receipt of its initial certificate of authority, the
   6-21  multiple employer welfare arrangement shall commence business.
   6-22        (f)  The multiple employer welfare arrangement, each of its
   6-23  trustees or directors and officers, and any agent or other person
   6-24  associated with the multiple employer welfare arrangement, other
   6-25  than a participating employer in its capacity as such and its
   6-26  participating employees, shall be subject to disqualification if
   6-27  the person:
    7-1              (1)  made a material misstatement or omission in an
    7-2  application for a certificate of authority under this subchapter;
    7-3              (2)  obtained or attempted to obtain at any time a
    7-4  certificate of authority or license for an insurance entity through
    7-5  intentional misrepresentation or fraud;
    7-6              (3)  misappropriated or converted to the person's own
    7-7  use or improperly withheld money under an employee welfare benefit
    7-8  plan or multiple employer welfare arrangement;
    7-9              (4)  is prohibited from serving in any capacity with
   7-10  the multiple employer welfare arrangement under Section 411 of the
   7-11  Employee Retirement Income Security Act of 1974 (28 U.S.C. Section
   7-12  1111);
   7-13              (5)  without reasonable cause or excuse failed to
   7-14  appear in response to a subpoena, examination, warrant, or any
   7-15  other order lawfully issued by the commissioner; or
   7-16              (6)  has previously been subject to a determination by
   7-17  the commissioner resulting in the suspension or revocation of a
   7-18  certificate of authority or license or denial of a certificate of
   7-19  authority or license on grounds that would be sufficient for
   7-20  suspension or revocation.
   7-21        (g)  A multiple employer welfare arrangement in existence on
   7-22  June 1, 1993, shall file notice with the commissioner by
   7-23  December 31, 1993, of its intent to apply for an initial
   7-24  certificate of authority and shall file for its initial certificate
   7-25  of authority by June 1, 1994.  The multiple employer welfare
   7-26  arrangement may continue to conduct business until the initial
   7-27  certificate of authority is granted or finally denied by the
    8-1  commissioner.
    8-2        (h)  A multiple employer welfare arrangement possessing an
    8-3  initial certificate of authority must apply for a final certificate
    8-4  of authority no later than one year after issuance of its initial
    8-5  certificate of authority.  The multiple employer welfare
    8-6  arrangement shall file an application on a form prescribed by the
    8-7  commissioner and furnish such information as may be required by the
    8-8  commissioner.  The application shall include only:
    8-9              (1)  the names and addresses of:
   8-10                    (A)  the association or group of employers
   8-11  sponsoring the multiple employer welfare arrangement;
   8-12                    (B)  the members of the board of trustees or
   8-13  directors, as applicable, of the multiple employer welfare
   8-14  arrangement; and
   8-15                    (C)  if not an association, at least five
   8-16  employers, which information shall be retained by the commissioner
   8-17  as confidential;
   8-18              (2)  evidence that the bonding requirements have been
   8-19  met;
   8-20              (3)  copies of all plan documents and agreements with
   8-21  service providers, which shall be retained by the commissioner as
   8-22  confidential; and
   8-23              (4)  a funding report containing:
   8-24                    (A)  a statement certified by the board of
   8-25  trustees or directors, as applicable, and an actuarial opinion that
   8-26  all applicable requirements of Article 3.95-8 of this code have
   8-27  been met;
    9-1                    (B)  an actuarial opinion which sets forth a
    9-2  description of the extent to which contributions or premium rates:
    9-3                          (i)  are not excessive;
    9-4                          (ii)  are not unfairly discriminatory; and
    9-5                          (iii)  are adequate to provide for the
    9-6  payment of all obligations and the maintenance of required cash
    9-7  reserves and surplus by the multiple employer welfare arrangement;
    9-8                    (C)  a statement of the current value of the
    9-9  assets and liabilities accumulated by the multiple employer welfare
   9-10  arrangement and a projection of the assets, liabilities, income,
   9-11  and expenses of the multiple employer welfare arrangement for the
   9-12  next 12-month period; and
   9-13                    (D)  a statement of the costs of coverage to be
   9-14  charged, including an itemization of amounts for administration,
   9-15  reserves, and other expenses associated with operation of the
   9-16  multiple employer welfare arrangement.
   9-17        (i)  After examination and investigation, the commissioner
   9-18  shall issue a final certificate of authority to the multiple
   9-19  employer welfare arrangement if the commissioner is satisfied that
   9-20  the multiple employer welfare arrangement meets the requirements of
   9-21  this subchapter.  The commissioner shall refuse to grant a final
   9-22  certificate of authority to an applicant that fails to meet the
   9-23  requirements of this subchapter.  Notice of refusal shall be in
   9-24  writing, shall set forth the basis for the refusal, and shall also
   9-25  constitute 30 days' advance notice of revocation of the initial
   9-26  certificate of authority.  The initial certificate of authority may
   9-27  be extended for up to one year at the discretion of the
   10-1  commissioner on a determination that the multiple employer welfare
   10-2  arrangement is likely to meet the requirements of this subchapter
   10-3  within one year.  No more than one extension of the initial
   10-4  certificate of authority shall be granted regardless of the length
   10-5  of time for which an extension was granted.
   10-6        (j)  If the applicant submits a written request for hearing
   10-7  within 30 days after mailing of the notice of refusal, revocation
   10-8  of the initial certificate of authority shall be temporarily stayed
   10-9  and the commissioner shall promptly conduct a hearing in which the
  10-10  applicant shall be given an opportunity to show compliance with the
  10-11  requirements of this subchapter.
  10-12        Art. 3.95-3.  FEES.  (a)  The commissioner shall collect and
  10-13  the multiple employer welfare arrangement shall pay fees to the
  10-14  commissioner as set by the commissioner for:
  10-15              (1)  application   for    initial    certificate    of
  10-16  authority;
  10-17              (2)  application    for    final     certificate    of
  10-18  authority; and
  10-19              (3)  filing fee for annual statement.
  10-20        (b)  The commissioner shall set the fees established in
  10-21  accordance with Subsection (a) of this article in amounts
  10-22  reasonable and necessary to defray the cost of administration of
  10-23  this subchapter.
  10-24        (c)  Each multiple employer welfare arrangement shall appoint
  10-25  the commissioner as its resident agent for purposes of service of
  10-26  process.  The fee for such service shall be $50, payable at the
  10-27  time of appointment.
   11-1        (d)  Fees paid under this article shall be deposited in the
   11-2  state treasury to the credit of the State Board of Insurance
   11-3  operating fund.
   11-4        Art. 3.95-4.  BENEFITS ALLOWED.  (a)  A multiple employer
   11-5  welfare arrangement authorized under this subchapter shall be
   11-6  limited to providing any one or more of the following:
   11-7              (1)  medical, dental, optical, surgical, or hospital
   11-8  care;
   11-9              (2)  benefits in the event of sickness, accident,
  11-10  disability, or death;
  11-11              (3)  any other benefit authorized for health insurers
  11-12  in this state; and
  11-13              (4)  prepaid legal services.
  11-14        (b)  A multiple employer welfare arrangement may only provide
  11-15  benefits to active or retired owners, officers, directors, or
  11-16  employees of or partners in participating employers, or the
  11-17  beneficiaries of such persons, except as may otherwise be limited
  11-18  by provisions of the Employee Retirement Income Security Act of
  11-19  1974 (29 U.S.C. Section 1001 et seq.).
  11-20        Art. 3.95-5.  NAME; EVIDENCE OF EXISTENCE.  No multiple
  11-21  employer welfare arrangement authorized under this subchapter shall
  11-22  take any name which is the same as or closely resembles the name of
  11-23  any other multiple employer welfare arrangement possessing a
  11-24  certificate of authority and doing business in this state.  A
  11-25  multiple employer welfare arrangement shall transact its business
  11-26  under its own name and shall not adopt any assumed name, except
  11-27  that a multiple employer welfare arrangement by amending its
   12-1  articles may change its name or take a new name with the approval
   12-2  of the commissioner.  Whenever it shall be necessary in any legal
   12-3  proceeding to prove the existence of a multiple employer welfare
   12-4  arrangement, a certified copy of the multiple employer welfare
   12-5  arrangement's certificate of authority shall be prima facie
   12-6  evidence of the existence of the multiple employer welfare
   12-7  arrangement.
   12-8        Art. 3.95-6.  POWERS OF MULTIPLE EMPLOYER WELFARE
   12-9  ARRANGEMENTS.  Every multiple employer welfare arrangement, unless
  12-10  otherwise provided in or inconsistent with this subchapter, shall
  12-11  have power:
  12-12              (1)  to have succession, by its name, for the term
  12-13  stated in its trust agreement;
  12-14              (2)  to sue and be sued, to complain and defend in any
  12-15  court of law or equity, or to be a party to any proceedings before
  12-16  any board or commission or other public body of this state or of
  12-17  any other state or government; suits at law may be maintained by
  12-18  the multiple employer welfare arrangement against any of its
  12-19  participating employers, employees, or beneficiaries for any cause
  12-20  relating to the business of the multiple employer welfare
  12-21  arrangement;
  12-22              (3)  to have a seal which may be altered at pleasure
  12-23  and to use the seal by causing it or a facsimile of it to be
  12-24  impressed, affixed, or otherwise reproduced;
  12-25              (4)  to appoint such officers and agents as the
  12-26  business of the multiple employer welfare arrangement shall require
  12-27  and to allow them suitable compensation;
   13-1              (5)  to make, alter, amend, and repeal bylaws for the
   13-2  regulation and government of its affairs; and
   13-3              (6)  to conduct its business in this state, other
   13-4  states, the District of Columbia, the territories and colonies of
   13-5  the United States, and foreign countries and their territories and
   13-6  colonies; to have one or more offices out of this state; and to
   13-7  acquire, purchase, hold, mortgage, pledge, assign, transfer, and
   13-8  convey real and personal property subject to the provisions of this
   13-9  subchapter.
  13-10        Art. 3.95-7.  FILING OF ARTICLES; NOTICE OF ELECTIONS; BOARD
  13-11  OF TRUSTEES OR DIRECTORS.  (a)  The articles or bylaws, or trust
  13-12  agreement, as applicable, of the multiple employer welfare
  13-13  arrangement and all appurtenant amendments shall be filed with the
  13-14  commissioner before becoming operative.
  13-15        (b)  At least 75 percent of the trustees or directors shall
  13-16  be elected by the member employers of the multiple employer welfare
  13-17  arrangement.  Each trustee or director shall be elected for at
  13-18  least a two-year term.  Each member employer of a multiple employer
  13-19  welfare arrangement shall be given notice of every election of
  13-20  trustees or directors and shall be entitled to an equal vote either
  13-21  in person or by proxy in writing signed by the member employer.  No
  13-22  owner, officer, or employee of a third-party administrator who
  13-23  provides services to the multiple employer welfare arrangement or
  13-24  of any other person who has received compensation from the multiple
  13-25  employer welfare arrangement may serve as proxy.
  13-26        (c)  The powers of a multiple employer welfare arrangement,
  13-27  except as otherwise provided, shall be exercised by the board of
   14-1  trustees or directors chosen to carry out the purposes of the
   14-2  organizational documents.  Not less than 75 percent of the trustees
   14-3  or directors shall be persons who are covered under the multiple
   14-4  employer welfare arrangement, and no trustee or director shall be
   14-5  an owner, officer, or employee of a third-party administrator who
   14-6  provides services to the multiple employer welfare arrangement or
   14-7  of any other person who has received compensation from the multiple
   14-8  employer welfare arrangement.
   14-9        Art. 3.95-8.  FILINGS BY MULTIPLE EMPLOYER WELFARE
  14-10  ARRANGEMENTS; REPORT OF CASH RESERVES; APPROVAL BY COMMISSIONER;
  14-11  ADDITIONAL ACTUARIAL REVIEW.  (a)  Each multiple employer welfare
  14-12  arrangement transacting business in this state shall file the
  14-13  following with the commissioner on forms approved by the
  14-14  commissioner:
  14-15              (1)  within 90 days of the end of the fiscal year,
  14-16  financial statements audited by a certified public accountant; and
  14-17              (2)  within 90 days of the end of the fiscal year, an
  14-18  actuarial opinion prepared and certified by an actuary who is not
  14-19  an employee of the multiple employer welfare arrangement and who is
  14-20  a fellow of the Society of Actuaries, a member of the American
  14-21  Academy of Actuaries, or an enrolled actuary under the Employee
  14-22  Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
  14-23  seq.).  The actuarial opinion shall include:
  14-24                    (A)  a description of the actuarial soundness of
  14-25  the multiple employer welfare arrangement, including any
  14-26  recommended actions that the multiple employer welfare arrangement
  14-27  should take to improve its actuarial soundness;
   15-1                    (B)  the recommended amount of cash reserves the
   15-2  multiple employer welfare arrangement should maintain which shall
   15-3  not be less than the greater of 20 percent of the total
   15-4  contributions in the preceding plan year or 20 percent of the total
   15-5  estimated contributions for the current plan year; cash reserves
   15-6  shall be calculated with proper actuarial regard for known claims,
   15-7  paid and outstanding, a history of incurred but not reported
   15-8  claims, claims handling expenses, unearned premium, an estimate for
   15-9  bad debts, a trend factor, and a margin for error; cash reserves
  15-10  required by this article shall be maintained in cash or federally
  15-11  guaranteed obligations of less than five-year maturity that have a
  15-12  fixed or recoverable principal amount or such other investments as
  15-13  the commissioner or board may authorize by rule; and
  15-14                    (C)  the recommended level of specific and
  15-15  aggregate stop-loss insurance the multiple employer welfare
  15-16  arrangement should maintain.
  15-17        (b)  The commissioner shall review the forms required by
  15-18  Subsection (a)  of this article.  The commissioner shall renew a
  15-19  multiple employer welfare arrangement's certificate of authority
  15-20  unless the commissioner finds that the multiple employer welfare
  15-21  arrangement does not meet the requirements of this subchapter.  The
  15-22  cash reserves required by this article shall be maintained in cash
  15-23  or federally guaranteed obligations of less than five-year maturity
  15-24  that have a fixed or recoverable principal amount or such other
  15-25  investments as the commissioner or board may authorize by rule.
  15-26        (c)  On a finding of good cause, the commissioner may order
  15-27  an actuarial review of a multiple employer welfare arrangement in
   16-1  addition to the actuarial opinion required by Subsection (a)(2) of
   16-2  this article.   The cost of any such additional actuarial review
   16-3  shall be paid by the multiple employer welfare arrangement.
   16-4        (d)  On application of a multiple employer welfare
   16-5  arrangement, the commissioner may waive or reduce the requirement
   16-6  for aggregate stop-loss coverage and the amount of reserves
   16-7  required by Subsection (a)(2)(B) of this article on a determination
   16-8  that the interests of the participating employers and employees are
   16-9  adequately protected.
  16-10        Art. 3.95-9.  EXAMINATION OF MULTIPLE EMPLOYER WELFARE
  16-11  ARRANGEMENTS.  The commissioner or any person appointed by the
  16-12  commissioner shall have the power to examine the affairs of any
  16-13  multiple employer welfare arrangement and for such purposes shall
  16-14  have free access to all the books, records, and documents that
  16-15  relate to the business of the plan and may examine under oath its
  16-16  trustees or directors, officers, agents, and employees in relation
  16-17  to the affairs, transactions, and conditions of the multiple
  16-18  employer welfare arrangement.  Expenses of examination shall be
  16-19  paid by each multiple employer welfare arrangement as provided in
  16-20  Article 1.16 of this code.
  16-21        Art. 3.95-10.  DUTIES OF TRUSTEES OR DIRECTORS; COMPENSATION
  16-22  OF TRUSTEES, DIRECTORS, OR OFFICERS.  (a)  The trustees or
  16-23  directors of a  multiple employer welfare arrangement shall give
  16-24  the attention and exercise the vigilance, diligence, care, and
  16-25  skill that prudent persons use in like or similar circumstances.
  16-26  Trustees or directors shall be responsible for all operations of
  16-27  the multiple employer welfare arrangement and shall take all
   17-1  necessary precautions to safeguard the assets of the multiple
   17-2  employer welfare arrangement.  No trustee or director shall be held
   17-3  liable in a private cause of action for any delinquency under this
   17-4  article after six years from the date of delinquency or after two
   17-5  years from the time when the delinquency is discovered by a person
   17-6  complaining of the delinquency, whichever occurs sooner.
   17-7        (b)  The board of trustees or directors shall select such
   17-8  officers as designated in the articles or bylaws or trust agreement
   17-9  and may appoint agents as deemed necessary for the transaction of
  17-10  the business of the multiple employer welfare arrangement.  All
  17-11  officers and agents shall respectively have such authority and
  17-12  perform such duties in the management of the property and affairs
  17-13  of the multiple employer welfare arrangement as may be delegated by
  17-14  the board of trustees or directors.  Any officer or agent may be
  17-15  removed by the board of trustees or directors whenever in their
  17-16  judgment the business interests of the multiple employer welfare
  17-17  arrangement will be served by the removal.  The board of trustees
  17-18  or directors shall secure the fidelity of any or of all such
  17-19  officers or agents who handle the funds of the multiple employer
  17-20  welfare arrangement by bond or otherwise.
  17-21        (c)  Trustees or directors shall serve without compensation
  17-22  from the multiple employer welfare arrangement except for actual
  17-23  and necessary expenses.   A multiple employer welfare arrangement
  17-24  shall not pay any salary, compensation, or emolument to any officer
  17-25  of the multiple employer welfare arrangement unless the payment is
  17-26  first authorized by a majority vote of the board of trustees or
  17-27  directors of the multiple employer welfare arrangement.
   18-1        (d)  An officer, employee, or agent of a multiple employer
   18-2  welfare arrangement shall not be compensated unreasonably.  The
   18-3  compensation of any officer or employee of a multiple employer
   18-4  welfare arrangement shall not be calculated directly or indirectly
   18-5  as a percentage of money or premium collected.  The compensation of
   18-6  any agent shall not exceed five percent of the money or premium
   18-7  collected.
   18-8        Art. 3.95-11.  RECEIPT OF THING OF VALUE BY OFFICER, TRUSTEE,
   18-9  DIRECTOR, OR EMPLOYEE; PENALTY.  (a)  An officer, trustee,
  18-10  director, or employee of a multiple employer welfare arrangement
  18-11  shall not knowingly and intentionally, directly or indirectly,
  18-12  receive any money or valuable thing for negotiating, procuring,
  18-13  recommending, or aiding in any purchase by or sale to the multiple
  18-14  employer welfare arrangement of any property or any loan from the
  18-15  multiple employer welfare arrangement or be pecuniarily interested
  18-16  either as principal, coprincipal, agent, or beneficiary in any such
  18-17  purchase, sale, or loan.
  18-18        (b)  A person who violates this article is guilty of an
  18-19  offense.  An offense under this section is a felony of the third
  18-20  degree.
  18-21        Art. 3.95-12.  WRITTEN NOTICE TO EMPLOYEES COVERED.  A
  18-22  multiple employer welfare arrangement, in connection with an
  18-23  employee welfare benefit plan, shall provide to each participating
  18-24  employee covered by the plan the following written notice at the
  18-25  time his or her coverage becomes effective:
  18-26              (1)  that individuals covered by the plan are only
  18-27  partially insured; and
   19-1              (2)  that in the event the plan or the multiple
   19-2  employer welfare arrangement does not ultimately pay medical
   19-3  expenses that are eligible for payment under the plan for any
   19-4  reason, the participating employer or its participating employee
   19-5  covered by the plan may be liable for those expenses.
   19-6        Art. 3.95-13.  APPLICABILITY OF OTHER STATUTES.  A multiple
   19-7  employer welfare arrangement shall be exempt from the operation of
   19-8  all insurance laws of this state, except such laws as are made
   19-9  applicable by their specific terms or as specified in this
  19-10  subchapter.  Multiple employer welfare arrangements shall be
  19-11  subject to Articles 1.04, 1.10A, 1.10B, 1.10C, 1.10D, 1.12, 1.13,
  19-12  1.14, 1.14A, 1.15, 1.16, 1.19, 1.19-1, 1.24, 1.28, 1.29, 1.31,
  19-13  1.35, 1.36, 3.55, 3.56, 3.56-1, 3.67, 21.21, 21.28, 21.28-A, and
  19-14  21.28-E and Section 7 of Article 1.10 of this code.  A multiple
  19-15  employer welfare arrangement will be considered an insurer for
  19-16  purposes of these sections only.
  19-17        Art. 3.95-14.  SUSPENSION, REVOCATION, OR LIMITATION OF
  19-18  CERTIFICATE OF AUTHORITY:  OTHER REMEDIES.  (a)  In addition to any
  19-19  requirements or remedies set out in Article 3.95-13 of this code,
  19-20  the commissioner may suspend, revoke, or limit the certificate of
  19-21  authority of a multiple employer welfare arrangement if the
  19-22  commissioner finds, after motion and hearing, that the multiple
  19-23  employer welfare agreement does not meet the requirements of this
  19-24  subchapter.
  19-25        (b)  The commissioner may notify the attorney general of a
  19-26  violation of this subchapter, and the attorney general may apply to
  19-27  a district court in Travis County for leave to file suit in the
   20-1  nature of quo warranto or for injunctive relief or both.  The
   20-2  attorney general may seek and the court may order restitution for
   20-3  victims of an act declared to be unlawful under this subchapter, a
   20-4  fine under this code, and recovery of reasonable attorney's fees.
   20-5        Art. 3.95-15.  PROCEEDINGS BEFORE THE BOARD OF INSURANCE.
   20-6  (a)  The board may, on notice and opportunity for all interested
   20-7  persons to be heard, issue such rules, regulations, and orders as
   20-8  are reasonably necessary to augment and carry out the provisions of
   20-9  this subchapter.
  20-10        (b)  A person affected by a final ruling or action of the
  20-11  commissioner under this subchapter is entitled to have that ruling
  20-12  or action reviewed by the board by submitting an application to the
  20-13  board as provided by Subsection (d) of Article 1.04 of this code.
  20-14  Appeal of the commissioner's ruling or action to the board does not
  20-15  operate as a stay of the ruling or action except as otherwise
  20-16  ordered by the board on application by the appellant.
  20-17        (c)  A person affected by the board's order may appeal that
  20-18  order by filing suit in a district court in Travis County pursuant
  20-19  to Subsection (f) of Article 1.04 of this code.
  20-20        SECTION 2.  This Act does not exempt a multiple employer
  20-21  welfare arrangement from any other license requirement imposed
  20-22  under local, state, or federal law.
  20-23        SECTION 3.  (a)  Except as provided by Subsection (b) of this
  20-24  section, this Act takes effect September 1, 1993.
  20-25        (b)  An entity in existence on June 1, 1993, that is required
  20-26  to hold a certificate of authority under this Act shall not be
  20-27  prosecuted for engaging in the unauthorized business of insurance
   21-1  if it timely files notice and applies for an initial and a final
   21-2  certificate of authority unless either is finally denied.  If an
   21-3  existing multiple employer welfare arrangement timely files notice
   21-4  and applies for an initial and a final certificate of authority,
   21-5  the fact that such multiple employer welfare arrangement engaged in
   21-6  the business of insurance in this state prior to the effective date
   21-7  of this Act shall not provide a basis for denial of a certificate
   21-8  of authority.
   21-9        SECTION 4.  The importance of this legislation and the
  21-10  crowded condition of the calendars in both houses create an
  21-11  emergency and an imperative public necessity that the
  21-12  constitutional rule requiring bills to be read on three several
  21-13  days in each house be suspended, and this rule is hereby suspended.