BILL ANALYSIS
H.B. 2893
By: Driver (Shapiro)
Economic Development
5-27-95
Senate Committee Report (Unamended)
BACKGROUND
Article 21.22, Insurance Code, protects annuity beneficiaries from
general creditors. Section 5 makes void any assignment or
commutation by a beneficiary if the insurance policy or annuity
contract includes a provision against assignment or commutation of
benefits. Annuity beneficiaries sometimes need to assign their
benefits for financial or other reasons but are prevented from
doing so under Section 5.
PURPOSE
As proposed, H.B. 2893 authorizes the voluntary assignment of the
benefits of an annuity contract.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5, Article 21.22, Insurance Code, as
follows:
(a) Created from existing text.
(b) Provides that an assignment of money or benefits to be
paid or rendered under a policy of insurance, annuity
contract, or a plan or program of annuities and benefits
mentioned in Section 1 of this article is valid if the
assignment is voluntary, in writing, supported by
consideration, and secured by a pledge of the policy or its
proceeds, notwithstanding Subsection (a).
SECTION 2. Emergency clause.
Effective date: upon passage.