1-1  By:  Duncan (Senate Sponsor - Lucio)                  H.B. No. 1987
    1-2        (In the Senate - Received from the House May 12, 1995;
    1-3  May 15, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 22, 1995, reported favorably by the following
    1-5  vote:  Yeas 8, Nays 0; May 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to surplus lines insurance.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 6, Article 1.14-2, Insurance Code, is
   1-11  amended to read as follows:
   1-12        Sec. 6.  PROCEDURE FOR EFFECTING SURPLUS LINES CONTRACTS.
   1-13  (a)  <Before any new or renewal insurance shall be procured in an
   1-14  unlicensed insurer the agent shall make an affidavit, which shall
   1-15  be promptly filed with the State Board of Insurance, that he is
   1-16  after diligent effort unable to procure from any licensed insurer
   1-17  or insurers the full amount of insurance required to protect the
   1-18  interest of the insured.  If the annual premiums paid by the
   1-19  insured for such surplus lines coverage exceed $25,000, the insured
   1-20  may execute the affidavit in lieu of the surplus lines agent.>
   1-21        <(b)>  Upon placing a new or renewal surplus line coverage,
   1-22  the surplus lines agent shall promptly issue and deliver to the
   1-23  insured or his agent, as the case may be, evidence of the insurance
   1-24  consisting either of the policy as issued by the insurer or, if
   1-25  such policy is not then available, a certificate, cover note or
   1-26  other confirmation of insurance.
   1-27        (b) <(c)>  Within 60 days after the effective date or issue
   1-28  date, whichever is later, of any new or renewal surplus lines
   1-29  insurance contract, the surplus lines agent shall file with the
   1-30  Surplus Lines Stamping Office of Texas <evidence that a diligent
   1-31  effort as defined in Section 5 of this Article has been performed
   1-32  and> a true and correct copy of the contract issued.  If a contract
   1-33  has not been issued, the surplus lines agent shall so file a true
   1-34  and correct copy of his certificate, cover note or other
   1-35  confirmation of insurance as delivered to the insured.  The surplus
   1-36  lines agent shall likewise promptly file with the Surplus Lines
   1-37  Stamping Office of Texas a true and correct copy of any substitute
   1-38  certificate, cover note or other confirmation of insurance, and of
   1-39  every endorsement of an original policy, certificate, cover note or
   1-40  other confirmation of insurance, delivered to an insured, together
   1-41  with such surplus lines agent's memorandum informing the Surplus
   1-42  Lines Stamping Office of Texas as to the substance of any change
   1-43  represented by such substitute certificate, cover note or other
   1-44  confirmation, or of any such endorsement, as compared with the
   1-45  coverage as originally placed or issued.  <Except, however, as
   1-46  respects this Subsection (c), equivalent information may be filed
   1-47  as required by the Board.>
   1-48        (c) <(d)>  No surplus lines agent shall deliver any such
   1-49  document, or purport to insure or represent that insurance will be
   1-50  or has been granted by any eligible surplus lines insurer unless he
   1-51  has prior written authority from the insurer for the insurance, or
   1-52  has received information from the insurer in the regular course of
   1-53  business that such insurance has been granted, or an insurance
   1-54  policy providing the insurance actually has been issued by the
   1-55  insurer and delivered to the insured.
   1-56        (d) <(e)>  If after the delivery of any such document there
   1-57  is any change as to the identity of the insurers, or the proportion
   1-58  of the direct risk assumed by the insurer as stated in the original
   1-59  certificate, cover note or confirmation, or in any other material
   1-60  respect as to the insurance coverage evidenced by such a document,
   1-61  the surplus lines agent shall promptly deliver to the insured a
   1-62  substitute certificate, cover note, confirmation or endorsement for
   1-63  the original such document, accurately showing the current status
   1-64  of the coverage and the insurers responsible thereunder.  No such
   1-65  change shall result in a coverage or insurance contract which would
   1-66  be in violation of this Article if originally issued on such basis.
   1-67        (e) <(f)>  If a policy issued by the insurer is not available
   1-68  upon placement of the insurance and the surplus lines agent has
    2-1  delivered a certificate, cover note or confirmation, as hereinabove
    2-2  provided, upon request therefor by the insured the surplus lines
    2-3  agent shall as soon as reasonably possible procure from the insurer
    2-4  its policy evidencing the insurance and deliver the policy to the
    2-5  insured in replacement of the certificate, cover note or
    2-6  confirmation theretofore issued.
    2-7        SECTION 2.  Section 6A, Article 1.14-2, Insurance Code, is
    2-8  amended by adding Subsections (g) and (h) to read as follows:
    2-9        (g)  The stamping office and the records of the stamping
   2-10  office are not subject to Chapter 441, Government Code.
   2-11        (h)  An individual surplus lines insurance contract filed
   2-12  with the stamping office is confidential and is not a public record
   2-13  under Chapter 552, Government Code.  Nothing in this subsection
   2-14  shall prevent access by a state agency to an individual surplus
   2-15  lines insurance contract filed with the stamping office.
   2-16        SECTION 3.  Section 8(b), Article 1.14-2, Insurance Code, is
   2-17  amended to read as follows:
   2-18        (b)  No surplus lines agent shall place any coverage with an
   2-19  insurer unless the insurer has met the eligibility requirements of
   2-20  this section and the stamping office provides evidence that the
   2-21  insurer has met the requirements to the State Board of Insurance.
   2-22  An insurer shall not be an eligible surplus lines insurer unless:
   2-23              (1)  the insurer has a minimum capital and surplus of
   2-24  $15 million; or
   2-25              (2)  in the case of an insurance exchange created by
   2-26  the laws of another state:
   2-27                    (A)  the syndicates of the exchange must maintain
   2-28  under terms acceptable to the commissioner capital and surplus, or
   2-29  its equivalent under the laws of its domiciliary jurisdiction, of
   2-30  not less than $75 million in the aggregate;
   2-31                    (B)  the exchange must maintain under terms
   2-32  acceptable to the commissioner at least 50 percent of the
   2-33  policyholder surplus of each syndicate in a custodial account
   2-34  accessible to the exchange or its domiciliary commissioner in the
   2-35  event of insolvency or impairment of the individual syndicate; and
   2-36                    (C)  each individual syndicate, to be eligible to
   2-37  accept surplus lines insurance placements from this state as a
   2-38  member of the exchange must meet either of the following
   2-39  requirements:
   2-40                          (i)  in the case of an insurance exchange
   2-41  that maintains funds in an amount of at least $15 million for the
   2-42  protection of all exchange policyholders, the syndicate must
   2-43  maintain under terms acceptable to the commissioner minimum capital
   2-44  and surplus, or its equivalent under the laws of its domiciliary
   2-45  jurisdiction, of at least $5 million; or
   2-46                          (ii)  in the case of an insurance exchange
   2-47  that does not maintain funds in an amount of at least $15 million
   2-48  for the protection of all exchange policyholders, the syndicate
   2-49  must maintain under terms acceptable to the commissioner minimum
   2-50  capital and surplus, or its equivalent under the laws of its
   2-51  domiciliary jurisdiction, of at least the greater of:
   2-52                                (a)  the minimum capital and surplus
   2-53  of its domiciliary jurisdiction; or
   2-54                                (b)  $15 million.
   2-55        SECTION 4.  This Act takes effect September 1, 1995, and
   2-56  applies only to the placement of coverage with an eligible surplus
   2-57  lines insurer on or after September 1, 1995.  Placement of coverage
   2-58  with an eligible surplus lines insurer before September 1, 1995, is
   2-59  governed by the law as it existed immediately before the effective
   2-60  date of this Act, and that law is continued in effect for that
   2-61  purpose.
   2-62        SECTION 5.  The importance of this legislation and the
   2-63  crowded condition of the calendars in both houses create an
   2-64  emergency and an imperative public necessity that the
   2-65  constitutional rule requiring bills to be read on three several
   2-66  days in each house be suspended, and this rule is hereby suspended.
   2-67                               * * * * *