BILL ANALYSIS H.B. 3104 Insurance Committee By: Junell Committee Report (Unamended) 04-05-95 BACKGROUND A charitable gift annuity ("CGA") is a fund raising vehicle that many charities have used for over a century in Texas. In the arrangement, a donor makes a gift to charity in exchange for a below market annuity for life. The Internal Revenue Code allows the donor to make charitable income, gift and estate tax deductions for the difference between the value of the gift and the value of the annuity received in return for the gift. While the Internal Revenue Code specifically excludes CGAs from the definition of "commercial type insurance," Texas is silent on the treatment of CGAs. Currently 26 states have statues that address CGAs and 2 states currently have bills pending in their legislatures regarding CGAs. Of these 28 states, 13 specifically exempt CGAs from state regulation. The remaining 15 require some kind of regulation by a state entity. The extent of regulation by these states varies. The charitable community has worked with the Texas Department of Insurance to clarify the law and to recommend this legislation. PURPOSE As proposed, House Bill 3104 will allow well established, legitimate charities that have been in existence for at least three years and that hold at least $100,000 in unrestricted liquid assets to issue CGAs without regulation by the Department of Insurance if the charities notify the donors that CGAs are not insurance products and are not subject to sanction for engaging in an unauthorized insurance business. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2(b) of Article 1.14-1 of the Texas Insurance Code to states that the issuance of qualified charitable gift annuities does not constitute an insurance business. SECTION 2. Amends Article 1.14-1A of the Insurance Code as follows: Sec. 1: Defines "charitable gift annuity" and "charitable organization" as those terms are defined in the Internal Revenue Code. Defines "qualified charitable gift annuity" to mean a charitable gift annuity issued by a charity with a minimum of $100,000 in unrestricted liquid assets that has been in existence for at least three years. Sec. 2: States that the issuance of qualified CGAs does not constitute engaging in the business of insurance. Sec. 3: Requires a charity to notify a donor in writing that a qualified CGA is not insurance and is not subject to regulation by the Department of Insurance or protected by a guaranty association affiliated with the Department. Sec. 4: Requires a charity to notify the Department of Insurance in writing stating that it issues qualified CGAs. Sec. 5: States the remedies available to the Department of Insurance for failure to provided notice. Sec. 6: States that the issuance of qualified gift annuities does not violate certain sections of the Business and Commerce Code. SECTION 3. Requires charities currently issuing charitable gift annuities to notify the Department of Insurance within 90 days of the Act's effective date. SECTION 4. Clarifies existing law. SECTION 5. Effective Date SECTION 6. Emergency Clause. SUMMARY OF COMMITTEE ACTION In accordance with House rules H.B. 3104 was heard in a public hearing on April 5, 1995. The Chair laid out H.B. 3104 and recognized Representative Junell to explain the bill. The Chair recognized the following persons to testify in support of H.B. 3104: Pastor Larry Guinn, Texas Conference of Seventh-Day Adventists; Harvey J. Byram, Seventh-Day Adventist, Southwestern Union; Karl H. Doerner, Texas Conference Association of Seventh-Day Adventists; Carol McDonald, Independent Colleges & Universities of Texas, Inc.; Jackie W. Francy, American Heart Association, Inc.; Ellen Eisenlohr Dorn, Charitable Accord and Baptist Foundation of Texas. The Chair recognized the following person to testify in opposition to H.B. 3104: Robert W. Blevins, Texas Life Insurance Association. The Chair recognized Representative Counts who moved the Committee report H.B. 3104 as filed to the full House with the recommendation that it do pass and be printed. Representative G. Lewis seconded the motion and the motion prevailed by the following vote: AYES (8); NAYES (0); ABSENT (1); PNV (0).