By Smithee                                            H.B. No. 1243
          Substitute the following for H.B. No. 1243:
          By Smithee                                        C.S.H.B. No. 1243
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to financial solvency requirements for certain insurers
    1-3  and health maintenance organizations.
    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.  An insurer may not assume a subordinated
   1-22  liability until the commissioner has approved the agreement.  An
   1-23  insurer may not repay principal or pay interest on a subordinated
   1-24  liability assumed under this article on or after September 1, 1995,
    2-1  unless notice of the payment or repayment is provided to the
    2-2  commissioner at least 15 days before the date scheduled for the
    2-3  payment or repayment.  A loan, debenture, revenue bond, or advance
    2-4  agreement issued before September 1, 1995, and any subsequent
    2-5  payment of interest or repayment of principal are governed by the
    2-6  law in effect on the date of issuance.
    2-7        (f)  The commissioner shall adopt rules as necessary to
    2-8  implement this article.
    2-9        SECTION 2.  Article 2.02, Insurance Code, is amended to read
   2-10  as follows:
   2-11        Art. 2.02.  Articles of Incorporation.  (a)  Such Articles of
   2-12  Incorporation shall contain:
   2-13              1.  The name of the company; the name selected may not
   2-14  be so similar to the name of any other insurance company as to be
   2-15  likely to mislead the public;
   2-16              2.  The locality of the principal business office of
   2-17  such company;
   2-18              3.  The kind of insurance business in which the company
   2-19  proposes to engage; for the purposes of determining the amount of
   2-20  capital and surplus required under this Code of a capital stock
   2-21  company, or the amount of surplus required of a mutual company,
   2-22  reciprocal exchange, or the amount of guaranty fund and surplus
   2-23  required of a Lloyds, full coverage automobile insurance shall be
   2-24  construed as one line of casualty insurance;
   2-25              4.  The amount of its capital stock and its surplus,
   2-26  which shall in no case be less than $1 million capital and $1
   2-27  million surplus.
    3-1        (b)  <The board may adopt rules, regulations, and guidelines,
    3-2  from time to time, requiring any company incorporated under this
    3-3  article, and any alien or foreign insurer admitted in this state to
    3-4  do the types of business authorized by this Chapter, to maintain
    3-5  capital and surplus levels in excess of the statutory levels
    3-6  required by this article based upon any of the following factors:>
    3-7              <1.  the nature and type of risks a company underwrites
    3-8  or reinsures;>
    3-9              <2.  the premium volume of risks a company underwrites
   3-10  or reinsures;>
   3-11              <3.  the composition, quality, duration, or liquidity
   3-12  of a company's investment portfolio;>
   3-13              <4.  fluctuations in the market value of securities a
   3-14  company holds; or>
   3-15              <5.  the adequacy of a company's reserves.>
   3-16        <The rules and regulations adopted under this subsection
   3-17  shall be designed to assure the financial solvency of companies for
   3-18  the protection of policyholders.>
   3-19        <(c)  The commissioner may order an insurer subject to the
   3-20  capital and surplus requirements of either this article or of
   3-21  Article 2.20 of this code that fails to comply with such article to
   3-22  cease writing new business, and the commissioner may also:>
   3-23              <1.  place the insurer under state supervision or
   3-24  conservatorship;>
   3-25              <2.  determine the insurer to be in a hazardous
   3-26  condition as provided by Article 1.32 of this code;>
   3-27              <3.  determine the insurer to be impaired as provided
    4-1  by Section 5 of Article 1.10 of this code; or>
    4-2              <4.  make the insurer subject to any other applicable
    4-3  sanctions provided by this code.>
    4-4        <(d)>  At the time of incorporation all of said capital and
    4-5  surplus shall be in cash.
    4-6        SECTION 3.  Articles 2.20(d) and (f), Insurance Code, are
    4-7  amended to read as follows:
    4-8        (d)  The commissioner <board> may adopt rules, regulations,
    4-9  and guidelines, from time to time, that require <requiring> any
   4-10  company subject to this article to maintain capital and surplus
   4-11  levels in excess of the minimums required by Article 2.02 of this
   4-12  code for a newly incorporated company and in excess of the levels
   4-13  required in the schedule established under Subsection (c) of this
   4-14  article, consistent with the risk-based capital requirements
   4-15  imposed under Article 21.29 of this code.  This article and Article
   4-16  21.29 of this code apply to the following insurers authorized to
   4-17  engage in the business of insurance in this state:
   4-18              (1)  a mutual company, other than a life company;
   4-19              (2)  a Lloyd's plan company;
   4-20              (3)  a reciprocal or interinsurance exchange; and
   4-21              (4)  a risk retention group chartered in this state
   4-22  <based upon any of the following factors:>
   4-23              <(1)  the nature and type of risks a company
   4-24  underwrites or reinsures;>
   4-25              <(2)  the premium volume of risks a company underwrites
   4-26  or reinsures;>
   4-27              <(3)  the composition, quality, duration, or liquidity
    5-1  of a company's investment portfolio;>
    5-2              <(4)  fluctuations in the market value of securities a
    5-3  company holds; or>
    5-4              <(5)  the adequacy of a company's reserves.>
    5-5        <The rules adopted under this subsection shall be designed to
    5-6  assure the financial solvency of companies for the protection of
    5-7  policyholders>.
    5-8        (f)  Notwithstanding any other provision of this code other
    5-9  than Subsection (b) of this article, for insurers licensed only in
   5-10  this state who <which> are not required by law to have capital
   5-11  stock, the minimum free surplus or guaranty fund and free surplus
   5-12  required shall be the greater of that required of the insurer
   5-13  immediately before September 1, 1991, <prior to the effective date
   5-14  of this article> or one-third of the net written premium of the
   5-15  insurer for the preceding 12 months after deducting:
   5-16              (1)  lawfully ceded reinsurance; and
   5-17              (2)  policy fees, if any, not ceded to reinsurers.
   5-18        SECTION 4.  Article 3.10(l), Insurance Code, is amended to
   5-19  read as follows:
   5-20        (l)  An insurer shall account for reinsurance agreements and
   5-21  shall record those reinsurance agreements in the insurer's
   5-22  financial statement in a manner that accurately reflects the effect
   5-23  of the reinsurance agreements on the financial condition of the
   5-24  company.  The State Board of Insurance may adopt reasonable rules
   5-25  relating to the accounting and financial statement requirements of
   5-26  this section and the treatment of reinsurance agreements between
   5-27  insurance companies, including minimum risk transfer standards,
    6-1  asset debits or credits, reinsurance debits or credits, and reserve
    6-2  debits or credits relating to the transfer of all or any part of an
    6-3  insurer's risks or liabilities by reinsurance agreements and any
    6-4  contingencies arising from reinsurance agreements.  Rules adopted
    6-5  subsequent to September 1, 1995 shall apply to reinsurance
    6-6  agreements entered into on or after the effective date of such
    6-7  rules, and to reinsurance agreements that are amended on or after
    6-8  the effective date of such rules.  A reinsurance agreement may
    6-9  contain a provision that allows the offset of mutual debts and
   6-10  credits between a ceding insurer and the assuming insurer, whether
   6-11  arising out of one or more reinsurance agreements.
   6-12        SECTION 5.  Subchapter B, Chapter 3, Insurance Code, is
   6-13  amended by adding Article 3.27-4 to read as follows:
   6-14        Art. 3.27-4.  APPLICATION OF CERTAIN SOLVENCY REQUIREMENTS.
   6-15  Articles 3.02 and 21.49-8 of this code apply to an insurance
   6-16  company subject to this subchapter.
   6-17        SECTION 6.  Article 3.60, Insurance Code, is amended to read
   6-18  as follows:
   6-19        Art. 3.60.  Impairment of Capital or Surplus.  No impairment
   6-20  of capital shall be permitted for companies either incorporated or
   6-21  authorized to do the lines of business authorized in this chapter.
   6-22  No impairment of more than 90 percent of the statutory minimum
   6-23  surplus required of a company under Article 3.02 of this code shall
   6-24  be permitted, and no impairment of a company's authorized control
   6-25  level risk based capital <surplus> required by the <board
   6-26  promulgated> risk-based capital and surplus requirements imposed
   6-27  under Article 21.29 of this code and related rules adopted by the
    7-1  commissioner <regulations> shall be permitted.  If the commissioner
    7-2  determines that either the capital is impaired or the surplus of a
    7-3  company is impaired in excess of such permissible amount, the
    7-4  commissioner shall order the company to immediately reduce the
    7-5  impairment to acceptable levels specified by the commissioner or to
    7-6  cease to do business within this state.  The commissioner shall
    7-7  thereupon institute such proceedings as may be necessary to
    7-8  determine what further actions shall be taken in the matter.
    7-9        SECTION 7.  Article 5.75-1(n), Insurance Code, is amended to
   7-10  read as follows:
   7-11        (n)  An insurer shall account for reinsurance agreements and
   7-12  shall record those agreements in the insurer's financial statements
   7-13  in a manner that accurately reflects the effect of the reinsurance
   7-14  agreements on the financial condition of the insurer.  The State
   7-15  Board of Insurance may adopt reasonable rules relating to the
   7-16  accounting and financial statement requirements of this subsection
   7-17  and the treatment of reinsurance agreements between insurers,
   7-18  including minimum risk transfer standards, asset debits or credits,
   7-19  reinsurance debits or credits, and reserve debits or credits
   7-20  relating to the transfer of all or any part of an insurer's risks
   7-21  or liabilities by reinsurance agreements and to any contingencies
   7-22  arising from reinsurance agreements.  Reinsurance agreements may
   7-23  contain a provision allowing the offset of mutual debts and credits
   7-24  between the ceding insurer and the assuming insurer whether arising
   7-25  out of one or more reinsurance agreements.
   7-26        SECTION 8.  Section 2, Article 9.47, Insurance Code, is
   7-27  amended to read as follows:
    8-1        Sec. 2.  Regardless of Section 1 of this Article, where
    8-2  applicable to title insurance companies, Article 1.01 through 1.25;
    8-3  Article 2.01; Article 2.02<, Sections 1, 2 and 3>; Article 2.03,
    8-4  except Section 5; Article 2.04; Article 2.05; Article 2.06; Article
    8-5  3.01, Section 10(a), (b) and (c); Article 3.12, except Section (c);
    8-6  Article 3.13;  <Article 3.14;> Article 21.21; Article 21.21-1;
    8-7  Article 21.25; Article 21.26; Article 21.31; Article 21.36; Article
    8-8  21.37; Article 21.43; Article 21.46; <and> Article 21.47; Article
    8-9  21.49-8; and Subchapter F of Chapter 5 of this code shall apply to
   8-10  and govern title insurance companies where applicable thereto.  In
   8-11  case of conflict between provisions of any of the foregoing
   8-12  articles and the provisions of this Chapter Nine, the latter shall
   8-13  govern.
   8-14        SECTION 9.  Section 16.24(b), Insurance Code, is amended to
   8-15  read as follows:
   8-16        (b)  Regardless of the preceding portion of this Article,
   8-17  Articles 1.01, 1.02, 1.04, <1.08,> 1.09, 1.09-1, 1.11, 1.12, 1.13,
   8-18  1.14, 1.15, 1.15A, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23,
   8-19  1.24, 1.29, 2.08, 2.10, 3.12, 3.13, 6.16, 21.21, 21.25, 21.28,
   8-20  21.28-A, <21.28-B,> 21.28-C, 21.39, 21.39-A, and Sections 10(a),
   8-21  (b) and (c) of Article 3.01 and Sections 1, 2, 5, 6, 7, 8, 9, 10,
   8-22  11, 13, 14 and 17 of Article 1.10 of this code <the Insurance Code
   8-23  as they now exist or shall hereafter be amended> shall apply to and
   8-24  govern farm mutual insurance companies except where such Articles
   8-25  or portions thereof are in conflict with the provisions of Chapter
   8-26  16 of the Insurance Code.
   8-27        SECTION 10.  Section 17.22(a), Insurance Code, is amended to
    9-1  read as follows:
    9-2        (a)  County mutual insurance companies shall be exempt from
    9-3  the operation of all insurance laws of this state, except such laws
    9-4  as are made applicable by their specific terms or as in this
    9-5  Chapter specifically provided.  In addition to such other Articles
    9-6  as may be made to apply by other Articles of this Code, county
    9-7  mutual insurance companies shall be subject to:
    9-8              (1)  <all the provisions of Article 1.04(e), and of>
    9-9  Subdivision 7 of Article 1.10 of this Code;
   9-10              (2)  Articles <and of Article> 1.15A, <and of Article>
   9-11  1.24, <and of Article> 2.04, <and of Article> 2.05, <and of
   9-12  Article> 2.08, <and of Article> 2.10, <and of Article> 5.12, <a
   9-13  of Article> 5.37, <and of Article> 5.38,  <and of Article> 5.39,
   9-14  <and of Article> 5.40, <and of Article> 5.49, <and of Article>
   9-15  21.21,  and <of Article 21.28B and of Article> 21.49 of this
   9-16  Code;<,> and
   9-17              (3)  <the provisions of> Article 7064, <of the> Revised
   9-18  <Civil> Statutes <of Texas, 1925>.
   9-19        SECTION 11.  Section 18.23(b), Insurance Code, is amended to
   9-20  read as follows:
   9-21        (b)  In addition to such Articles as may be made to apply by
   9-22  other Articles of this Chapter, underwriters at a Lloyds' shall not
   9-23  be exempt from and shall be subject to Articles <all of the
   9-24  provisions of Article> 1.15A, <and of Article> 2.20, <and of
   9-25  Article> 5.35, <and of Article> 5.38,  <and of Article> 5.39, <
   9-26  of Article> 5.40, <and of Article> 5.49, <and of Article> 21.21,
   9-27  and 21.49-8 of this Code.
   10-1        SECTION 12.  Section 19.12(b), Insurance Code, is amended to
   10-2  read as follows:
   10-3        (b)  In addition to such Articles as may be made to apply by
   10-4  other Articles of this Code, reciprocal or inter-insurance
   10-5  exchanges shall not be exempt from and shall be subject to:
   10-6              (1)  <all of the provisions of> Section 5, <of> Article
   10-7  1.10 of this Code; and
   10-8              (2)  Articles <of Article> 1.15, <and of Article>
   10-9  1.15A, <and of Article> 1.16, 2.20, <and of Article> 5.35, <and ofª
  10-10  Article 5.36 and of Article> 5.37,  <and of Article> 5.38, <and of
  10-11  Article> 5.39, <and of Article> 5.40, <and of Article> 6.12, <a
  10-12  of Article> 8.07, <and of Article> 21.21, and 21.49-8 of this Code.
  10-13        SECTION 13.  Section 26(i), Texas Health Maintenance
  10-14  Organization Act (Article 20A.26, Vernon's Texas Insurance Code),
  10-15  is amended to read as follows:
  10-16        (i)  Any health maintenance organization authorized under
  10-17  this Act shall be subject to:
  10-18              (1)  Article 21.49-8, Insurance Code; and
  10-19              (2)  Article 3.51-6, Section 3B, Insurance Code.
  10-20        SECTION 14.  Article 21.44, Insurance Code, is amended to
  10-21  read as follows:
  10-22        Art. 21.44.  Capital and Surplus Requirements for Foreign or
  10-23  Alien Insurance Companies Other Than Life.  (a)  No foreign or
  10-24  alien insurance company subject to the provisions of Article 21.43
  10-25  of this code shall be permitted to do business within this State
  10-26  unless it shall have and maintain the minimum requirements of this
  10-27  Code as to capital or surplus or both, applicable to companies
   11-1  organized under this Code doing the same kind or kinds of business.
   11-2        (b)  Articles 2.20 and 21.49-8 of this code apply to an
   11-3  insurance company subject to this article.
   11-4        SECTION 15.  Section 4(c), Article 21.49-1, Insurance Code,
   11-5  is amended to read as follows:
   11-6        (c)  Dividends and Other Distributions.  (1)  No insurer
   11-7  subject to registration under Section 3 shall pay any extraordinary
   11-8  dividend or make any other extraordinary distribution to its
   11-9  shareholders until (i) 30 days after the commissioner has received
  11-10  notice of the declaration thereof and has not within such period
  11-11  disapproved such payment, or (ii) the commissioner shall have
  11-12  approved such payment within such 30-day period.
  11-13              (2)  For purposes of this section an extraordinary
  11-14  dividend or distribution includes any dividend or distribution of
  11-15  cash or other property, whose fair market value together with that
  11-16  of other dividends or distributions made within the preceding 12
  11-17  months exceeds the greater of (i) 10 percent (20 percent if such
  11-18  insurer is a title insurer) of such insurer's surplus as regards
  11-19  policyholders as of the 31st day of December next preceding, or
  11-20  (ii) the net gain from operations of such insurer, if such insurer
  11-21  is a life or title insurer, or the net <investment> income, if such
  11-22  insurer is not a life or title insurer, for the 12-month period
  11-23  ending the 31st day of December next preceding, but shall not
  11-24  include pro rata distributions of any class of the insurer's own
  11-25  securities.
  11-26              (3)  Notwithstanding any other provision of law, an
  11-27  insurer may declare an extraordinary dividend or distribution which
   12-1  is conditional upon the commissioner's approval thereof, and such a
   12-2  declaration shall confer no rights upon shareholders until (i) the
   12-3  commissioner has approved the payment of such dividend or
   12-4  distribution or (ii) the commissioner has not disapproved such
   12-5  payment within the 30-day period referred to above.
   12-6        SECTION 16.  Subchapter E, Chapter 21, Insurance Code, is
   12-7  amended by adding Article 21.49-8 to read as follows:
   12-8        Art. 21.49-8.  DISCLOSURE OF MATERIAL TRANSACTIONS REPORT
   12-9        Sec. 1.  APPLICATION; EXEMPTION.  (a)  Except as provided by
  12-10  Subsection (b) of this section, this article applies to the
  12-11  following domestic insurers and commercially domiciled insurers:
  12-12              (1)  a capital stock company;
  12-13              (2)  a mutual company;
  12-14              (3)  a title insurance company;
  12-15              (4)  a fraternal benefit society;
  12-16              (5)  a Lloyd's plan company;
  12-17              (6)  a reciprocal or interinsurance exchange;
  12-18              (7)  a group hospital service corporation;
  12-19              (8)  a health maintenance organization;
  12-20              (9)  a risk retention group;
  12-21              (10)  a nonprofit legal service corporation; and
  12-22              (11)  a nonprofit hospital, medical, or dental service
  12-23  corporation.
  12-24        (b)  A domestic insurer listed under Subsection (a) of this
  12-25  section that does business only in this state is exempt from the
  12-26  application of this article until the insurer obtains authority to
  12-27  conduct the business of insurance in another state.
   13-1        Sec. 2.  REPORT.  (a)  Unless the material acquisition and
   13-2  disposition of assets and the nonrenewal, cancellation, or
   13-3  revisions of material ceded reinsurance agreements have been
   13-4  submitted to the commissioner for review, approval, or information
   13-5  under other provisions of this code or other laws, regulations, or
   13-6  requirements, each insurer shall file a report with the
   13-7  commissioner that discloses:
   13-8              (1)  material acquisitions and dispositions of assets;
   13-9  or
  13-10              (2)  material nonrenewals, cancellations, or revisions
  13-11  of ceded reinsurance agreements.
  13-12        (b)  The report required under Subsection (a) of this section
  13-13  must be filed not later than the 15th day after the last day of the
  13-14  calendar month in which any of the affected transactions occur.
  13-15        (c)  The insurer also shall file one complete copy of the
  13-16  report, including any necessary exhibits or other attachments, with
  13-17  the department.
  13-18        (d)  A report obtained by or disclosed to the commissioner
  13-19  under this article is confidential and is not subject to a
  13-20  subpoena, other than a grand jury subpoena.  The report may not be
  13-21  disclosed by the commissioner, the National Association of
  13-22  Insurance Commissioners, or any other person, except to the
  13-23  insurance department of another state or another authorized
  13-24  governmental agency, without the prior written consent of the
  13-25  affected insurer, unless the commissioner, after notice to the
  13-26  affected insurer and an opportunity for a hearing, determines that
  13-27  the interest of policyholders, shareholders, or the public will be
   14-1  served by the publication of the report.  If the commissioner does
   14-2  so determine, the department may disclose a report to the public
   14-3  and may publish all or any part of the report in any manner
   14-4  considered appropriate by the commissioner.
   14-5        Sec. 3.  ACQUISITIONS AND DISPOSITIONS OF ASSETS.  (a)  An
   14-6  insurer is not required to report an acquisition or disposition of
   14-7  assets under Section 2 of this article if the acquisition or
   14-8  disposition is not material.  For purposes of this article, an
   14-9  acquisition, or the aggregate of a series of related acquisitions
  14-10  during a 30-day period, or a disposition, or the aggregate of a
  14-11  series of related dispositions during a 30-day period, is material
  14-12  if it:
  14-13              (1)  is not recurring;
  14-14              (2)  is not in the ordinary course of business; and
  14-15              (3)  involves more than five percent of the reporting
  14-16  insurer's total admitted assets as reported in its most recent
  14-17  statutory statement filed with the department.
  14-18        (b)  An asset acquisition subject to this article includes
  14-19  each purchase, lease, exchange, merger, consolidation, succession,
  14-20  or other acquisition, other than the construction or development of
  14-21  real property by or for the reporting insurer or the acquisition of
  14-22  materials for that purpose.
  14-23        (c)  An asset disposition subject to this article includes
  14-24  each sale, lease, exchange, merger, consolidation, mortgage,
  14-25  hypothecation, assignment, whether for the benefit of creditors or
  14-26  otherwise, abandonment, destruction, or other disposition.
  14-27        (d)  The following information must be disclosed in a report
   15-1  of a material acquisition or disposition of assets:
   15-2              (1)  the date of the transaction;
   15-3              (2)  the manner of acquisition or disposition;
   15-4              (3)  a description of the assets involved;
   15-5              (4)  the nature and amount of the consideration given
   15-6  or received;
   15-7              (5)  the purpose of or reason for the transaction;
   15-8              (6)  the manner by which the amount of consideration
   15-9  was determined;
  15-10              (7)  the gain or loss recognized or realized as a
  15-11  result of the transaction; and
  15-12              (8)  the name of each person from whom the assets were
  15-13  acquired or to whom they were disposed.
  15-14        (e)  An insurer shall report material acquisitions and
  15-15  dispositions on a nonconsolidated basis unless the insurer:
  15-16              (1)  is part of a consolidated group of insurers that
  15-17  uses a pooling arrangement or a 100 percent reinsurance agreement
  15-18  that affects the solvency and integrity of the insurer's reserves;
  15-19  and
  15-20              (2)  ceded substantially all of its direct and assumed
  15-21  business to the pooling arrangement.
  15-22        (f)  For purposes of Subsection (e), an insurer is considered
  15-23  to have ceded substantially all of its direct and assumed business
  15-24  to a pooling arrangement if:
  15-25              (1)  the insurer has, during a calendar year, less than
  15-26  $1 million total direct and assumed written premiums that are not
  15-27  subject to a pooling arrangement; and
   16-1              (2)  the net income of the business not subject to the
   16-2  pooling arrangement represents less than five percent of the
   16-3  insurer's capital and surplus.
   16-4        Sec. 4.  NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED
   16-5  INSURANCE.  (a)  An insurer is not required to report a nonrenewal,
   16-6  cancellation, or revision of a ceded reinsurance agreement under
   16-7  Section 2 of this article if the nonrenewal, cancellation, or
   16-8  revision is not material.  For purposes of this article, a
   16-9  nonrenewal, cancellation, or revision is material if it affects, on
  16-10  an annual basis, as indicated in the insurer's most recently filed
  16-11  statutory statement:
  16-12              (1)  for property and casualty business, including
  16-13  accident and health business when written as property and casualty
  16-14  business, more than 50 percent of an insurer's ceded written
  16-15  premium; or
  16-16              (2)  for life, annuity, and accident and health
  16-17  business, more than 50 percent of the total reserve credit taken
  16-18  for business ceded.
  16-19        (b)  An insurer is not required to report if the insurer's
  16-20  ceded written premium of the total reserve credit taken for
  16-21  business ceded represents, on an annual basis, less than:
  16-22              (1)  10 percent of direct and assumed written premiums;
  16-23  or
  16-24              (2)  10 percent of the statutory reserve requirement
  16-25  before a cession.
  16-26        (c)  Subject to the requirements imposed under Subsections
  16-27  (a) and (b) of this section, an insurer shall file a report without
   17-1  regard to which party initiated the nonrenewal, cancellation, or
   17-2  revision of ceded reinsurance when one or more of the following
   17-3  conditions exist:
   17-4              (1)  the entire cession has been canceled, nonrenewed,
   17-5  or revised, and ceded indemnity and loss adjustment expense
   17-6  reserves after the nonrenewal, cancellation, or revision represent
   17-7  less than 50 percent of the comparable reserves that would have
   17-8  been ceded had the nonrenewal, cancellation, or revision not
   17-9  occurred;
  17-10              (2)  an authorized or accredited reinsurer has been
  17-11  replaced on an existing cession by an unauthorized reinsurer; or
  17-12              (3)  collateral requirements previously established for
  17-13  unauthorized reinsurers have been reduced in that the requirement
  17-14  to collateralize incurred but not reported claim reserves has been
  17-15  waived for one or more unauthorized reinsurers newly participating
  17-16  in an existing cession.
  17-17        (d)  Subject to the requirement of materiality, for purposes
  17-18  of Subsections (c)(2) and (3) of this section, an insurer shall
  17-19  file a report if the result of the revision affects more than 10
  17-20  percent of the cession.
  17-21        (e)  An insurer shall disclose the following information in a
  17-22  report of a material nonrenewal, cancellation, or revision of a
  17-23  ceded reinsurance agreement:
  17-24              (1)  the effective date of the nonrenewal,
  17-25  cancellation, or revision;
  17-26              (2)  a description of the transaction that identifies
  17-27  the initiator of the transaction;
   18-1              (3)  the purpose of or reason for the transaction; and
   18-2              (4)  if applicable, the identity of the replacement
   18-3  reinsurers.
   18-4        (f)  An insurer shall report all material nonrenewals,
   18-5  cancellations, or revisions of ceded reinsurance agreements on a
   18-6  nonconsolidated basis unless the insurer:
   18-7              (1)  is part of a consolidated group of insurers that
   18-8  uses a pooling arrangement or 100 percent reinsurance agreement
   18-9  that affects the solvency and integrity of the insurer's reserves;
  18-10  and
  18-11              (2)  ceded substantially all of its direct and assumed
  18-12  business to the pooling arrangement.
  18-13        (g)  For purposes of Subsection (f) of this section, an
  18-14  insurer is considered to have ceded substantially all of its direct
  18-15  and assumed business to a pooling arrangement if:
  18-16              (1)  the insurer has, during a calendar year, less than
  18-17  $1 million total direct and assumed written premiums that are not
  18-18  subject to the pooling arrangement; and
  18-19              (2)  the net income of the business not subject to the
  18-20  pooling arrangement represents less than five percent of the
  18-21  insurer's capital and surplus.
  18-22        SECTION 17.  Subchapter E, Chapter 21, Insurance Code, is
  18-23  amended by adding Article 21.72 to read as follows:
  18-24        Art. 21.72.  GENERAL REINSURANCE REQUIREMENTS
  18-25        Sec. 1. (a)  An insurance company incorporated under the laws
  18-26  of another state or the United States and authorized to do business
  18-27  in this state may not expose itself to any loss or hazard on any
   19-1  one risk in an amount that exceeds 10 percent of the company's
   19-2  surplus as regards policyholders unless the excess is reinsured by
   19-3  the company in another solvent insurer.
   19-4        (b)  An insurance company incorporated under a jurisdiction
   19-5  other than that of this state, another state, or the United States
   19-6  and authorized to do business in this state may not expose itself
   19-7  to any loss or hazard on any one risk in an amount that exceeds 10
   19-8  percent of the company's deposit with the statutory officer in the
   19-9  state through which the company gains admission to the United
  19-10  States, together with 10 percent of the other surplus to
  19-11  policyholders of the company's United States branch, unless the
  19-12  excess is reinsured by the company in another solvent insurer.
  19-13        Sec. 2.  An insurance or reinsurance company authorized to
  19-14  transact insurance or reinsurance in this state may reinsure the
  19-15  whole or any part of an individual risk in another solvent insurer.
  19-16        Sec. 3.  This article does not apply to:
  19-17              (1)  life insurance;
  19-18              (2)  health insurance;
  19-19              (3)  annuity contracts;
  19-20              (4)  title insurance;
  19-21              (5)  workers' compensation insurance;
  19-22              (6)  employers' liability insurance coverage; or
  19-23              (7)  any policy or type of coverage as to which the
  19-24  maximum possible loss to the insurer is not readily ascertainable
  19-25  on issuance of the policy.
  19-26        Sec. 4.  Any reinsurance required or permitted by this
  19-27  article must comply with Article 5.75-1 of this code.
   20-1        SECTION 18.  Section 1, Article 22.18, Insurance Code, is
   20-2  amended to read as follows:
   20-3        Sec. 1.  The following Articles of this Code<, to
   20-4  wit>:  Article 1.14, Article 1.15, Article 1.15A, Article 1.16,
   20-5  Article 1.19, Article 1.24, Article 1.32, Article 3.10, Article
   20-6  3.13, Article 3.39, Article 3.40, Article 3.61, <Article 3.62,>
   20-7  Article 3.63, Article 3.67, Article 21.07-7, Article 21.21, Article
   20-8  21.25, Article 21.26, Article 21.28, Article 21.32, Article 21.39,
   20-9  Article 21.45, and Article 21.47, shall apply to and govern
  20-10  stipulated premium companies and each company shall comply with the
  20-11  provisions thereof.
  20-12        SECTION 19.  Section 23.26(b), Insurance Code, is amended to
  20-13  read as follows:
  20-14        (b)  The following provisions of the Insurance Code as they
  20-15  now exist or shall hereafter be amended shall, where not in
  20-16  conflict with this chapter, apply to corporations complying with
  20-17  the provisions of this chapter to the same extent as they apply to
  20-18  insurers and to those doing the business of insurance: Articles
  20-19  1.01, 1.02, 1.04, <1.08,> 1.09, 1.09-1, 1.11, 1.12, 1.13, 1.14,
  20-20  1.15, 1.15A, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23, 1.24,
  20-21  1.25, 1.29, 3.12, 3.13, <3.14,> 21.21, 21.21-2, 21.25, 21.28,
  20-22  21.28-A, <21.28A, and> 21.47, 21.49-8 and Sections 1, 2, 6, 8, 9,
  20-23  10, 11, 12, 13, 14, and 17 of Article 1.10 of this code <the
  20-24  Insurance Code, as amended>.
  20-25        SECTION 20.  Article 25.05, Insurance Code, is amended to
  20-26  read as follows:
  20-27        Art. 25.05.  Other Laws to Govern.  Chapter <Chapters> 2,
   21-1  including Article 2.20, Chapter <and> 8, and Article 4.10 of this
   21-2  code, and all other provisions of the Insurance Code, if not in
   21-3  conflict with this chapter, shall apply to and govern any insurance
   21-4  carrier operating under this chapter.  In addition, Article 21.49-8
   21-5  of this code applies to each insurance carrier operating under this
   21-6  chapter.
   21-7        SECTION 21.  (a)  The risk-based capital requirements adopted
   21-8  under Article 21.29, Insurance Code, as added by this Act, shall be
   21-9  implemented in phases over a two-year period as provided by this
  21-10  section.
  21-11        (b)  Authorized control level risk-based capital shall be
  21-12  determined in the manner provided by Article 21.29, Insurance Code,
  21-13  as added by this Act, except that authorized control level
  21-14  risk-based capital:
  21-15              (1)  as of December 31, 1996, is not required to exceed
  21-16  95 percent of the amount determined under that article; and
  21-17              (2)  as of December 31, 1997, is not required to exceed
  21-18  98 percent of the amount determined under that article.
  21-19        (c)  For the period from December 31, 1996, to December 31,
  21-20  1998, the commissioner of insurance shall adjust proportionately
  21-21  each of the other three levels of required risk-based capital
  21-22  established under Article 21.29, Insurance Code, as added by this
  21-23  Act.
  21-24        (d)  On December 31, 1998, the phase-in period ends and all
  21-25  requirements imposed under Article 21.29, Insurance Code, as added
  21-26  by this Act, take full effect.
  21-27        SECTION 22.  (a)  Except as provided by Sections 26 and 27,
   22-1  this Act takes effect September 1, 1995.
   22-2        (b)  The commissioner of insurance shall adopt rules as
   22-3  required by the Insurance Code, as amended by this Act, not later
   22-4  than December 31, 1995.
   22-5        SECTION 23.  The importance of this legislation and the
   22-6  crowded condition of the calendars in both houses create an
   22-7  emergency and an imperative public necessity that the
   22-8  constitutional rule requiring bills to be read on three several
   22-9  days in each house be suspended, and this rule is hereby suspended.