H.B. No. 1243
    1-1                                AN ACT
    1-2  relating to requirements for certain insurers and health
    1-3  maintenance organizations concerning financial solvency.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 1.39, Insurance Code, is amended by
    1-6  amending Subsection (b) and adding Subsections (e) and (f) to read
    1-7  as follows:
    1-8        (b)  An insurer may obtain a loan or an advance of cash, cash
    1-9  equivalents, or other assets that have a readily determinable value
   1-10  and are satisfactory to the commissioner <or property>, repayable
   1-11  with interest, and may assume a subordinated liability for
   1-12  repayment of the advance and payment of interest on the advance if
   1-13  the insurer and creditor execute a written agreement stating that
   1-14  the creditor may be paid only out of that portion of the insurer's
   1-15  surplus that exceeds the greater of a minimum surplus stated and
   1-16  fixed in the agreement or a minimum surplus of $500,000 for that
   1-17  insurer.  The department or the commissioner may not require the
   1-18  agreement to provide another minimum surplus amount.
   1-19        (e)  An agreement entered into under Subsection (b) of this
   1-20  article must be submitted to the commissioner for approval as to
   1-21  form and content; provided, however, that the commissioner must
   1-22  give his decision of either approval or disapproval within 30 days
   1-23  after the written filing by the insurer, and his failure to so act
   1-24  within such 30 days shall constitute approval of the transaction.
    2-1  An insurer may not assume a subordinated liability until the
    2-2  commissioner has approved the agreement under either Section 4,
    2-3  Article 21.49-1, or this article.  An insurer may not repay
    2-4  principal or pay interest on a subordinated liability assumed under
    2-5  either Section 4, Article 21.49-1, or this article on or after
    2-6  September 1, 1995, unless either (i) such payment or repayment
    2-7  complies with a specific schedule of payments contained within the
    2-8  terms of the previously approved agreement, or (ii) written notice
    2-9  is provided to the commissioner at least 15 days before the date
   2-10  scheduled for any payment or repayment if either a schedule of
   2-11  payments is not contained within the terms of the previously
   2-12  approved agreement, or such payment or repayment does not comply
   2-13  with the specific schedule of payments contained within the terms
   2-14  of the previously approved agreement.  A loan, debenture, revenue
   2-15  bond, or advance agreement issued before September 1, 1995, and any
   2-16  subsequent payment of interest or repayment of principal are
   2-17  governed by the law in effect on the date of issuance.
   2-18        (f)  The commissioner shall adopt rules as necessary to
   2-19  implement this article.
   2-20        SECTION 2.  Article 3.10(l), Insurance Code, is amended to
   2-21  read as follows:
   2-22        (l)  An insurer shall account for reinsurance agreements and
   2-23  shall record those reinsurance agreements in the insurer's
   2-24  financial statement in a manner that accurately reflects the effect
   2-25  of the reinsurance agreements on the financial condition of the
   2-26  company.  The State Board of Insurance may adopt reasonable rules
   2-27  relating to the accounting and financial statement requirements of
    3-1  this section and the treatment of reinsurance agreements between
    3-2  insurance companies, including minimum risk transfer standards,
    3-3  asset debits or credits, reinsurance debits or credits, and reserve
    3-4  debits or credits relating to the transfer of all or any part of an
    3-5  insurer's risks or liabilities by reinsurance agreements and any
    3-6  contingencies arising from reinsurance agreements.  Rules adopted
    3-7  subsequent to September 1, 1995, shall apply to reinsurance
    3-8  agreements entered into on or after the effective date of such
    3-9  rules, and to reinsurance agreements that are amended on or after
   3-10  the effective date of such rules.  A reinsurance agreement may
   3-11  contain a provision that allows the offset of mutual debts and
   3-12  credits between a ceding insurer and the assuming insurer, whether
   3-13  arising out of one or more reinsurance agreements.
   3-14        SECTION 3.  Subchapter B, Chapter 3, Insurance Code, is
   3-15  amended by adding Article 3.27-4 to read as follows:
   3-16        Art. 3.27-4.  APPLICATION OF CERTAIN SOLVENCY REQUIREMENTS.
   3-17  Articles 3.02 and 21.49-8 of this code apply to an insurance
   3-18  company subject to this subchapter.
   3-19        SECTION 4.  Article 5.75-1(n), Insurance Code, is amended to
   3-20  read as follows:
   3-21        (n)  An insurer shall account for reinsurance agreements and
   3-22  shall record those agreements in the insurer's financial statements
   3-23  in a manner that accurately reflects the effect of the reinsurance
   3-24  agreements on the financial condition of the insurer.  The State
   3-25  Board of Insurance may adopt reasonable rules relating to the
   3-26  accounting and financial statement requirements of this subsection
   3-27  and the treatment of reinsurance agreements between insurers,
    4-1  including minimum risk transfer standards, asset debits or credits,
    4-2  reinsurance debits or credits, and reserve debits or credits
    4-3  relating to the transfer of all or any part of an insurer's risks
    4-4  or liabilities by reinsurance agreements and to any contingencies
    4-5  arising from reinsurance agreements.  Reinsurance agreements may
    4-6  contain a provision allowing the offset of mutual debts and credits
    4-7  between the ceding insurer and the assuming insurer whether arising
    4-8  out of one or more reinsurance agreements.
    4-9        SECTION 5.  Section 2, Article 9.47, Insurance Code, is
   4-10  amended to read as follows:
   4-11        Sec. 2.  Regardless of Section 1 of this Article, where
   4-12  applicable to title insurance companies, Article 1.01 through 1.25;
   4-13  Article 2.01; Article 2.02, Sections 1, 2 and 3; Article 2.03,
   4-14  except Section 5; Article 2.04; Article 2.05; Article 2.06; Article
   4-15  3.01, Section 10(a), (b) and (c); Article 3.12, except Section (c);
   4-16  Article 3.13;  <Article 3.14;> Article 21.21; Article 21.21-1;
   4-17  Article 21.25; Article 21.26; Article 21.31; Article 21.36; Article
   4-18  21.37; Article 21.43; Article 21.46; <and> Article 21.47; Article
   4-19  21.49-8; and Subchapter F of Chapter 5 of this code shall apply to
   4-20  and govern title insurance companies where applicable thereto.  In
   4-21  case of conflict between provisions of any of the foregoing
   4-22  articles and the provisions of this Chapter Nine, the latter shall
   4-23  govern.
   4-24        SECTION 6.  Section 16.24(b), Insurance Code, is amended to
   4-25  read as follows:
   4-26        (b)  Regardless of the preceding portion of this Article,
   4-27  Articles 1.01, 1.02, 1.04, <1.08,> 1.09, 1.09-1, 1.11, 1.12, 1.13,
    5-1  1.14, 1.15, 1.15A, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23,
    5-2  1.24, 1.29, 2.08, 2.10, 3.12, 3.13, 6.16, 21.21, 21.25, 21.28,
    5-3  21.28-A, <21.28-B,> 21.28-C, 21.39, 21.39-A, and Sections 10(a),
    5-4  (b) and (c) of Article 3.01 and Sections 1, 2, 5, 6, 7, 8, 9, 10,
    5-5  11, 13, 14 and 17 of Article 1.10 of this code <the Insurance Code
    5-6  as they now exist or shall hereafter be amended> shall apply to and
    5-7  govern farm mutual insurance companies except where such Articles
    5-8  or portions thereof are in conflict with the provisions of Chapter
    5-9  16 of the Insurance Code.
   5-10        SECTION 7.  Section 17.22(a), Insurance Code, is amended to
   5-11  read as follows:
   5-12        (a)  County mutual insurance companies shall be exempt from
   5-13  the operation of all insurance laws of this state, except such laws
   5-14  as are made applicable by their specific terms or as in this
   5-15  Chapter specifically provided.  In addition to such other Articles
   5-16  as may be made to apply by other Articles of this Code, county
   5-17  mutual insurance companies shall be subject to:
   5-18              (1)  <all the provisions of Article 1.04(e), and of>
   5-19  Subdivision 7 of Article 1.10 of this Code;
   5-20              (2)  Articles <and of Article> 1.15A, <and of Article>
   5-21  1.24, <and of Article> 2.04, <and of Article> 2.05, <and of
   5-22  Article> 2.08, <and of Article> 2.10, <and of Article> 5.12, <a
   5-23  of Article> 5.37, <and of Article> 5.38,  <and of Article> 5.39,
   5-24  <and of Article> 5.40, <and of Article> 5.49, <and of Article>
   5-25  21.21,  and <of Article 21.28B and of Article> 21.49 of this
   5-26  Code;<,> and
   5-27              (3)  <the provisions of> Article 7064, <of the> Revised
    6-1  <Civil> Statutes <of Texas, 1925>.
    6-2        SECTION 8.  Section 18.23(b), Insurance Code, is amended to
    6-3  read as follows:
    6-4        (b)  In addition to such Articles as may be made to apply by
    6-5  other Articles of this Chapter, underwriters at a Lloyds' shall not
    6-6  be exempt from and shall be subject to Articles <all of the
    6-7  provisions of Article> 1.15A, <and of Article> 2.20, <and of
    6-8  Article> 5.35, <and of Article> 5.38,  <and of Article> 5.39, <
    6-9  of Article> 5.40, <and of Article> 5.49, <and of Article> 21.21,
   6-10  and 21.49-8 of this Code.
   6-11        SECTION 9.  Section 19.12(b), Insurance Code, is amended to
   6-12  read as follows:
   6-13        (b)  In addition to such Articles as may be made to apply by
   6-14  other Articles of this Code, reciprocal or inter-insurance
   6-15  exchanges shall not be exempt from and shall be subject to:
   6-16              (1)  <all of the provisions of> Section 5, <of> Article
   6-17  1.10 of this Code; and
   6-18              (2)  Articles <of Article> 1.15, <and of Article>
   6-19  1.15A, <and of Article> 1.16, 2.20, <and of Article> 5.35, <and ofª
   6-20  Article 5.36 and of Article> 5.37,  <and of Article> 5.38, <and of
   6-21  Article> 5.39, <and of Article> 5.40, <and of Article> 6.12, <a
   6-22  of Article> 8.07, <and of Article> 21.21, and 21.49-8 of this Code.
   6-23        SECTION 10.  Section 26(i), Texas Health Maintenance
   6-24  Organization Act (Article 20A.26, Vernon's Texas Insurance Code),
   6-25  is amended to read as follows:
   6-26        (i)  Any health maintenance organization authorized under
   6-27  this Act shall be subject to:
    7-1              (1)  Article 21.49-8, Insurance Code; and
    7-2              (2)  Article 3.51-6, Section 3B, Insurance Code.
    7-3        SECTION 11.  Article 21.44, Insurance Code, is amended to
    7-4  read as follows:
    7-5        Art. 21.44.  CAPITAL AND SURPLUS REQUIREMENTS FOR FOREIGN OR
    7-6  ALIEN INSURANCE COMPANIES OTHER THAN LIFE.  (a)  No foreign or
    7-7  alien insurance company subject to the provisions of Article 21.43
    7-8  of this code shall be permitted to do business within this State
    7-9  unless it shall have and maintain the minimum requirements of this
   7-10  Code as to capital or surplus or both, applicable to companies
   7-11  organized under this Code doing the same kind or kinds of business.
   7-12        (b)  Articles 2.20 and 21.49-8 of this code apply to an
   7-13  insurance company subject to this article.
   7-14        SECTION 12.  Section 4(c), Article 21.49-1, Insurance Code,
   7-15  is amended to read as follows:
   7-16        (c)  Dividends and Other Distributions.  (1)  No insurer
   7-17  subject to registration under Section 3 shall pay any extraordinary
   7-18  dividend or make any other extraordinary distribution to its
   7-19  shareholders until (i) 30 days after the commissioner has received
   7-20  notice of the declaration thereof and has not within such period
   7-21  disapproved such payment, or (ii) the commissioner shall have
   7-22  approved such payment within such 30-day period.
   7-23              (2)  For purposes of this section an extraordinary
   7-24  dividend or distribution includes any dividend or distribution of
   7-25  cash or other property, whose fair market value together with that
   7-26  of other dividends or distributions made within the preceding 12
   7-27  months exceeds the greater of (i) 10 percent (20 percent if such
    8-1  insurer is a title insurer) of such insurer's surplus as regards
    8-2  policyholders as of the 31st day of December next preceding, or
    8-3  (ii) the net gain from operations of such insurer, if such insurer
    8-4  is a life or title insurer, or the net <investment> income, if such
    8-5  insurer is not a life or title insurer, for the 12-month period
    8-6  ending the 31st day of December next preceding, but shall not
    8-7  include pro rata distributions of any class of the insurer's own
    8-8  securities.
    8-9              (3)  Notwithstanding any other provision of law, an
   8-10  insurer may declare an extraordinary dividend or distribution which
   8-11  is conditional upon the commissioner's approval thereof, and such a
   8-12  declaration shall confer no rights upon shareholders until (i) the
   8-13  commissioner has approved the payment of such dividend or
   8-14  distribution or (ii) the commissioner has not disapproved such
   8-15  payment within the 30-day period referred to above.
   8-16        SECTION 13.  Subchapter E, Chapter 21, Insurance Code, is
   8-17  amended by adding Article 21.49-8 to read as follows:
   8-18        Art. 21.49-8.  DISCLOSURE OF MATERIAL TRANSACTIONS REPORT
   8-19        Sec. 1.  APPLICATION; EXEMPTION.  (a)  Except as provided by
   8-20  Subsection (b) of this section, this article applies to the
   8-21  following domestic insurers and commercially domiciled insurers:
   8-22              (1)  a capital stock company;
   8-23              (2)  a mutual company;
   8-24              (3)  a title insurance company;
   8-25              (4)  a fraternal benefit society;
   8-26              (5)  a Lloyd's plan company;
   8-27              (6)  a reciprocal or interinsurance exchange;
    9-1              (7)  a group hospital service corporation;
    9-2              (8)  a health maintenance organization;
    9-3              (9)  a risk retention group;
    9-4              (10)  a nonprofit legal service corporation; and
    9-5              (11)  a nonprofit hospital, medical, or dental service
    9-6  corporation.
    9-7        (b)  A domestic insurer listed under Subsection (a) of this
    9-8  section that does business only in this state is exempt from the
    9-9  application of this article until the insurer obtains authority to
   9-10  conduct the business of insurance in another state.
   9-11        Sec. 2.  REPORT.  (a)  Unless the material acquisition and
   9-12  disposition of assets and the nonrenewal, cancellation, or
   9-13  revisions of material ceded reinsurance agreements have been
   9-14  submitted to the commissioner for review, approval, or information
   9-15  under other provisions of this code or other laws, regulations, or
   9-16  requirements, each insurer shall file a report with the
   9-17  commissioner that discloses:
   9-18              (1)  material acquisitions and dispositions of assets;
   9-19  or
   9-20              (2)  material nonrenewals, cancellations, or revisions
   9-21  of ceded reinsurance agreements.
   9-22        (b)  The report required under Subsection (a) of this section
   9-23  must be filed not later than the 15th day after the last day of the
   9-24  calendar month in which any of the affected transactions occur.
   9-25        (c)  The insurer also shall file one complete copy of the
   9-26  report, including any necessary exhibits or other attachments, with
   9-27  the department.
   10-1        (d)  A report obtained by or disclosed to the commissioner
   10-2  under this article is confidential and is not subject to a
   10-3  subpoena, other than a grand jury subpoena.  The report may not be
   10-4  disclosed by the commissioner, the National Association of
   10-5  Insurance Commissioners, or any other person, except to the
   10-6  insurance department of another state or another authorized
   10-7  governmental agency, without the prior written consent of the
   10-8  affected insurer, unless the commissioner, after notice to the
   10-9  affected insurer and an opportunity for a hearing, determines that
  10-10  the interest of policyholders, shareholders, or the public will be
  10-11  served by the publication of the report.  If the commissioner does
  10-12  so determine, the department may disclose a report to the public
  10-13  and may publish all or any part of the report in any manner
  10-14  considered appropriate by the commissioner.
  10-15        Sec. 3.  ACQUISITIONS AND DISPOSITIONS OF ASSETS.  (a)  An
  10-16  insurer is not required to report an acquisition or disposition of
  10-17  assets under Section 2 of this article if the acquisition or
  10-18  disposition is not material.  For purposes of this article, an
  10-19  acquisition, or the aggregate of a series of related acquisitions
  10-20  during a 30-day period, or a disposition, or the aggregate of a
  10-21  series of related dispositions during a 30-day period, is material
  10-22  if it:
  10-23              (1)  is not recurring;
  10-24              (2)  is not in the ordinary course of business; and
  10-25              (3)  involves more than five percent of the reporting
  10-26  insurer's total admitted assets as reported in its most recent
  10-27  statutory statement filed with the department.
   11-1        (b)  An asset acquisition subject to this article includes
   11-2  each purchase, lease, exchange, merger, consolidation, succession,
   11-3  or other acquisition, other than the construction or development of
   11-4  real property by or for the reporting insurer or the acquisition of
   11-5  materials for that purpose.
   11-6        (c)  An asset disposition subject to this article includes
   11-7  each sale, lease, exchange, merger, consolidation, mortgage,
   11-8  hypothecation, assignment, whether for the benefit of creditors or
   11-9  otherwise, abandonment, destruction, or other disposition.
  11-10        (d)  The following information must be disclosed in a report
  11-11  of a material acquisition or disposition of assets:
  11-12              (1)  the date of the transaction;
  11-13              (2)  the manner of acquisition or disposition;
  11-14              (3)  a description of the assets involved;
  11-15              (4)  the nature and amount of the consideration given
  11-16  or received;
  11-17              (5)  the purpose of or reason for the transaction;
  11-18              (6)  the manner by which the amount of consideration
  11-19  was determined;
  11-20              (7)  the gain or loss recognized or realized as a
  11-21  result of the transaction; and
  11-22              (8)  the name of each person from whom the assets were
  11-23  acquired or to whom they were disposed.
  11-24        (e)  An insurer shall report material acquisitions and
  11-25  dispositions on a nonconsolidated basis unless the insurer:
  11-26              (1)  is part of a consolidated group of insurers that
  11-27  uses a pooling arrangement or a 100 percent reinsurance agreement
   12-1  that affects the solvency and integrity of the insurer's reserves;
   12-2  and
   12-3              (2)  ceded substantially all of its direct and assumed
   12-4  business to the pooling arrangement.
   12-5        (f)  For purposes of Subsection (e), an insurer is considered
   12-6  to have ceded substantially all of its direct and assumed business
   12-7  to a pooling arrangement if:
   12-8              (1)  the insurer has, during a calendar year, less than
   12-9  $1 million total direct and assumed written premiums that are not
  12-10  subject to a pooling arrangement; and
  12-11              (2)  the net income of the business not subject to the
  12-12  pooling arrangement represents less than five percent of the
  12-13  insurer's capital and surplus.
  12-14        Sec. 4.  NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED
  12-15  INSURANCE.  (a)  An insurer is not required to report a nonrenewal,
  12-16  cancellation, or revision of a ceded reinsurance agreement under
  12-17  Section 2 of this article if the nonrenewal, cancellation, or
  12-18  revision is not material.  For purposes of this article, a
  12-19  nonrenewal, cancellation, or revision is material if it affects, on
  12-20  an annual basis, as indicated in the insurer's most recently filed
  12-21  statutory statement:
  12-22              (1)  for property and casualty business, including
  12-23  accident and health business when written as property and casualty
  12-24  business, more than 50 percent of an insurer's ceded written
  12-25  premium; or
  12-26              (2)  for life, annuity, and accident and health
  12-27  business, more than 50 percent of the total reserve credit taken
   13-1  for business ceded.
   13-2        (b)  An insurer is not required to report if the insurer's
   13-3  ceded written premium of the total reserve credit taken for
   13-4  business ceded represents, on an annual basis, less than:
   13-5              (1)  10 percent of direct and assumed written premiums;
   13-6  or
   13-7              (2)  10 percent of the statutory reserve requirement
   13-8  before a cession.
   13-9        (c)  Subject to the requirements imposed under Subsections
  13-10  (a) and (b) of this section, an insurer shall file a report without
  13-11  regard to which party initiated the nonrenewal, cancellation, or
  13-12  revision of ceded reinsurance when one or more of the following
  13-13  conditions exist:
  13-14              (1)  the entire cession has been canceled, nonrenewed,
  13-15  or revised, and ceded indemnity and loss adjustment expense
  13-16  reserves after the nonrenewal, cancellation, or revision represent
  13-17  less than 50 percent of the comparable reserves that would have
  13-18  been ceded had the nonrenewal, cancellation, or revision not
  13-19  occurred;
  13-20              (2)  an authorized or accredited reinsurer has been
  13-21  replaced on an existing cession by an unauthorized reinsurer; or
  13-22              (3)  collateral requirements previously established for
  13-23  unauthorized reinsurers have been reduced in that the requirement
  13-24  to collateralize incurred but not reported claim reserves has been
  13-25  waived for one or more unauthorized reinsurers newly participating
  13-26  in an existing cession.
  13-27        (d)  Subject to the requirement of materiality, for purposes
   14-1  of Subsections (c)(2) and (3) of this section, an insurer shall
   14-2  file a report if the result of the revision affects more than 10
   14-3  percent of the cession.
   14-4        (e)  An insurer shall disclose the following information in a
   14-5  report of a material nonrenewal, cancellation, or revision of a
   14-6  ceded reinsurance agreement:
   14-7              (1)  the effective date of the nonrenewal,
   14-8  cancellation, or revision;
   14-9              (2)  a description of the transaction that identifies
  14-10  the initiator of the transaction;
  14-11              (3)  the purpose of or reason for the transaction; and
  14-12              (4)  if applicable, the identity of the replacement
  14-13  reinsurers.
  14-14        (f)  An insurer shall report all material nonrenewals,
  14-15  cancellations, or revisions of ceded reinsurance agreements on a
  14-16  nonconsolidated basis unless the insurer:
  14-17              (1)  is part of a consolidated group of insurers that
  14-18  uses a pooling arrangement or 100 percent reinsurance agreement
  14-19  that affects the solvency and integrity of the insurer's reserves;
  14-20  and
  14-21              (2)  ceded substantially all of its direct and assumed
  14-22  business to the pooling arrangement.
  14-23        (g)  For purposes of Subsection (f) of this section, an
  14-24  insurer is considered to have ceded substantially all of its direct
  14-25  and assumed business to a pooling arrangement if:
  14-26              (1)  the insurer has, during a calendar year, less than
  14-27  $1 million total direct and assumed written premiums that are not
   15-1  subject to the pooling arrangement; and
   15-2              (2)  the net income of the business not subject to the
   15-3  pooling arrangement represents less than five percent of the
   15-4  insurer's capital and surplus.
   15-5        SECTION 14.  Subchapter E, Chapter 21, Insurance Code, is
   15-6  amended by adding Article 21.72 to read as follows:
   15-7        Art. 21.72.  GENERAL REINSURANCE REQUIREMENTS
   15-8        Sec. 1. (a)  An insurance company incorporated under the laws
   15-9  of another state or the United States and authorized to do business
  15-10  in this state may not expose itself to any loss or hazard on any
  15-11  one risk in an amount that exceeds 10 percent of the company's
  15-12  surplus as regards policyholders unless the excess is reinsured by
  15-13  the company in another solvent insurer.
  15-14        (b)  An insurance company incorporated under a jurisdiction
  15-15  other than that of this state, another state, or the United States
  15-16  and authorized to do business in this state may not expose itself
  15-17  to any loss or hazard on any one risk in an amount that exceeds 10
  15-18  percent of the company's deposit with the statutory officer in the
  15-19  state through which the company gains admission to the United
  15-20  States, together with 10 percent of the other surplus to
  15-21  policyholders of the company's United States branch, unless the
  15-22  excess is reinsured by the company in another solvent insurer.
  15-23        Sec. 2.  An insurance or reinsurance company authorized to
  15-24  transact insurance or reinsurance in this state may reinsure the
  15-25  whole or any part of an individual risk in another solvent insurer.
  15-26        Sec. 3.  This article does not apply to:
  15-27              (1)  life insurance;
   16-1              (2)  health insurance;
   16-2              (3)  annuity contracts;
   16-3              (4)  title insurance;
   16-4              (5)  workers' compensation insurance;
   16-5              (6)  employers' liability insurance coverage; or
   16-6              (7)  any policy or type of coverage as to which the
   16-7  maximum possible loss to the insurer is not readily ascertainable
   16-8  on issuance of the policy.
   16-9        Sec. 4.  Any reinsurance required or permitted by this
  16-10  article must comply with Article 5.75-1 of this code.
  16-11        SECTION 15.  Section 1, Article 22.18, Insurance Code, is
  16-12  amended to read as follows:
  16-13        Sec. 1.  The following Articles of this Code<, to
  16-14  wit>:  Article 1.14, Article 1.15, Article 1.15A, Article 1.16,
  16-15  Article 1.19, Article 1.24, Article 1.32, Article 3.10, Article
  16-16  3.13, Article 3.39, Article 3.40, Article 3.61, <Article 3.62,>
  16-17  Article 3.63, Article 3.67, Article 21.07-7, Article 21.21, Article
  16-18  21.25, Article 21.26, Article 21.28, Article 21.32, Article 21.39,
  16-19  Article 21.45, and Article 21.47, shall apply to and govern
  16-20  stipulated premium companies and each company shall comply with the
  16-21  provisions thereof.
  16-22        SECTION 16.  Section 23.26(b), Insurance Code, is amended to
  16-23  read as follows:
  16-24        (b)  The following provisions of the Insurance Code as they
  16-25  now exist or shall hereafter be amended shall, where not in
  16-26  conflict with this chapter, apply to corporations complying with
  16-27  the provisions of this chapter to the same extent as they apply to
   17-1  insurers and to those doing the business of insurance: Articles
   17-2  1.01, 1.02, 1.04, <1.08,> 1.09, 1.09-1, 1.11, 1.12, 1.13, 1.14,
   17-3  1.15, 1.15A, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23, 1.24,
   17-4  1.25, 1.29, 3.12, 3.13, <3.14,> 21.21, 21.21-2, 21.25, 21.28,
   17-5  21.28-A, <21.28A, and> 21.47, 21.49-8 and Sections 1, 2, 6, 8, 9,
   17-6  10, 11, 12, 13, 14, and 17 of Article 1.10 of this code <the
   17-7  Insurance Code, as amended>.
   17-8        SECTION 17.  Article 25.05, Insurance Code, is amended to
   17-9  read as follows:
  17-10        Art. 25.05.  Other Laws to Govern.  Chapter <Chapters> 2,
  17-11  including Article 2.20, Chapter <and> 8, and Article 4.10 of this
  17-12  code, and all other provisions of the Insurance Code, if not in
  17-13  conflict with this chapter, shall apply to and govern any insurance
  17-14  carrier operating under this chapter.  In addition, Article 21.49-8
  17-15  of this code applies to each insurance carrier operating under this
  17-16  chapter.
  17-17        SECTION 18.  (a)  This Act takes effect September 1, 1995.
  17-18        (b)  The commissioner of insurance shall adopt rules as
  17-19  required by the Insurance Code, as amended by this Act, not later
  17-20  than December 31, 1995.
  17-21        (c)  Article 21.49-8, Insurance Code, as added by this Act,
  17-22  takes effect only on certification by the commissioner of insurance
  17-23  that the National Association of Insurance Commissioners has
  17-24  provided to the commissioner in writing a total budgetary
  17-25  disclosure as to the use by that association of funds received by
  17-26  that association from states that are members of the association.
  17-27  The commissioner shall issue a finding regarding the certification
   18-1  and shall publish the finding in the Texas Register.
   18-2        SECTION 19.  The importance of this legislation and the
   18-3  crowded condition of the calendars in both houses create an
   18-4  emergency and an imperative public necessity that the
   18-5  constitutional rule requiring bills to be read on three several
   18-6  days in each house be suspended, and this rule is hereby suspended.