By Montford                                            S.B. No. 641
       74R4527 CBH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to administration and collection of certain insurance
    1-3  taxes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 12, Article 1.14-1, Insurance Code, as
    1-6  amended by Section 3.05, Chapter 685, and Section 7, Chapter 999,
    1-7  Acts of the 73rd Legislature, Regular Session, 1993, is re-enacted
    1-8  to reconcile the amendments made by those acts and amended to read
    1-9  as follows:
   1-10        Sec. 12.  Independently procured insurance tax.  (a)  Every
   1-11  insured who procures <or causes to be procured or continues or
   1-12  renews> insurance in accordance with Section 2(b)4 of this Article
   1-13  must <with any unauthorized insurer, or any insured or self-insurer
   1-14  who so procures or continues excess loss, catastrophe or other
   1-15  insurance, upon a subject of insurance resident, located or to be
   1-16  performed within this state, other than insurance procured through
   1-17  a surplus lines agent pursuant to the surplus lines law of this
   1-18  state shall, within 60 days after the date such insurance was so
   1-19  procured, continued or renewed or before a date prescribed by the
   1-20  comptroller,> file a report <of the same> with the comptroller and
   1-21  pay an independently procured insurance tax of 4.85 percent <in
   1-22  writing and upon forms designated by the comptroller and furnished
   1-23  to such an insured upon request.  The report shall show the name
   1-24  and address of the insured or insureds, name and address of the
    2-1  insurer, the subject of the insurance, a general description of the
    2-2  coverage, the amount of premium currently charged therefor, and
    2-3  such additional pertinent information as is reasonably requested by
    2-4  the comptroller>.
    2-5        (b)  A report must be filed with the comptroller within 60
    2-6  days after the date the insurance was independently procured or
    2-7  before a date prescribed by the comptroller.  The report must be
    2-8  made in writing on forms provided by the comptroller.  The report
    2-9  must contain the name and address of the insured or insureds, the
   2-10  name and address of the insurer, the subject of the insurance, a
   2-11  general description of the coverage, the amount of premium charged,
   2-12  and any additional information which the comptroller requests.
   2-13        (c)  The report shall be filed and any tax due shall be paid
   2-14  by the insured or by any other person designated by the insured.
   2-15  <There is hereby levied upon the obligation, chose in action, or
   2-16  right represented by the premium charged for such insurance, a
   2-17  premium receipts tax of 3.85 percent of gross premiums charged for
   2-18  such insurance.  The term "premium" shall include all premiums,
   2-19  membership fees, assessments, dues and any other consideration for
   2-20  insurance.  Such tax shall be in lieu of all other insurance taxes.
   2-21  The insured shall, before March 1 next succeeding the calendar year
   2-22  in which the insurance was so procured, continued or renewed or
   2-23  another date prescribed by the comptroller, pay the amount of the
   2-24  tax to the comptroller, on a form prescribed by the comptroller.
   2-25  In event of cancellation and rewriting of any such insurance
   2-26  contract the additional premium for premium receipts tax purposes
   2-27  shall be the premium in excess of the unearned premium of the
    3-1  canceled insurance contract.>
    3-2        (d)  If a policy covers risks or exposures only partially in
    3-3  this state, the tax payable shall be computed on the portions of
    3-4  the premium which are properly allocated <allocable> to the risks
    3-5  or exposures located in this state.  In determining the amount of
    3-6  premiums taxable in this state, all premiums written, procured or
    3-7  received in this state and all premiums on policies negotiated in
    3-8  this state shall be deemed written on property or risks located or
    3-9  resident in this state, except such premiums as are properly
   3-10  allocated or apportioned with tax due and reported to <and reported
   3-11  as taxable premiums of> any other state or states.  Premiums that
   3-12  are properly allocated to any other state or states that are
   3-13  specifically exempt from taxation under the regulations of that
   3-14  state or states are not taxable in this state.  Premiums on risks
   3-15  or exposures which are properly allocated to federal waters,
   3-16  international waters or under the jurisdiction of a foreign
   3-17  government shall not be taxable.
   3-18        (e)  If the insured fails to withhold from the premium the
   3-19  amount of tax herein levied, the insured shall be liable for the
   3-20  amount thereof and shall pay the same to the comptroller within the
   3-21  time stated in Paragraph (c).  If the tax prescribed by this
   3-22  subsection is not paid within the time stated in Paragraph (c),
   3-23  Subtitles A and B, Title 2, Tax Code, <and their subsequent
   3-24  amendments,> apply.
   3-25        (f) <(g)>  This section shall not be construed or deemed to
   3-26  abrogate or modify any provision of this Article.  This section
   3-27  does not apply as to individual life or individual disability
    4-1  insurance.
    4-2        SECTION 2.  Section 12(a), Article 1.14-2, Insurance Code, is
    4-3  amended to read as follows:
    4-4        (a)  The premiums charged for surplus lines insurance are
    4-5  subject to a premium receipts tax of 4.85 percent of gross premiums
    4-6  charged for such insurance.  The term premium includes all
    4-7  premiums, membership fees, assessments, dues or any other
    4-8  consideration for insurance.  Such tax shall be in lieu of all
    4-9  other insurance taxes.  The surplus lines agent shall collect from
   4-10  the insured the amount of the tax at the time of delivery of the
   4-11  cover note, certificate of insurance, policy or other initial
   4-12  confirmation of insurance, in addition to the full amount of the
   4-13  gross premium charged by the insurer for the insurance.  No agent
   4-14  shall absorb such tax nor shall any agent, as an inducement for
   4-15  insurance or for any other reason, rebate all or any part of such
   4-16  tax or his commission.  The surplus lines agent shall report to the
   4-17  comptroller on March 1 <within 30 days from the 1st day of January
   4-18  and July> of each year the amount of gross premiums received <paid>
   4-19  for such insurance placed through eligible surplus lines during the
   4-20  calendar year ending on the preceding December 31 as <him in
   4-21  nonlicensed insurers, and shall pay to the comptroller the tax>
   4-22  provided for by this Article.  If a surplus lines policy covers
   4-23  risks or exposures only partially in this state, the tax payable
   4-24  shall be computed on the portions of the premium which are properly
   4-25  allocated <allocable> to the risks or exposures located in this
   4-26  state.  In determining the amount of premiums taxable in this
   4-27  state, all premiums written, procured, or received in this state
    5-1  and all premiums on policies negotiated in this state shall be
    5-2  deemed written on property or risks located or resident in this
    5-3  state, except such premiums as are properly allocated or
    5-4  apportioned with tax due and reported to <and reported as premiums
    5-5  which may be subject to taxation by> any other state or states <or
    5-6  by a foreign jurisdiction>.  Premiums that are properly allocated
    5-7  to any other state or states that are specifically exempt from
    5-8  taxation under the regulations of that state or states are not
    5-9  taxable in this state.  Premiums on risks or exposures which are
   5-10  properly allocated to federal waters, international waters or under
   5-11  the jurisdiction of a foreign government shall not be taxable by
   5-12  this state.  In event of cancellation and rewriting of any surplus
   5-13  lines insurance contract the additional premium for premium
   5-14  receipts tax purposes shall be the premium in excess of the
   5-15  unearned premium of the canceled insurance contract.
   5-16        SECTION 3.  Section 5, Article 4.10, Insurance Code, is
   5-17  amended to read as follows:
   5-18        Sec. 5.  GROSS PREMIUM RECEIPTS DEFINED.  Gross premium
   5-19  receipts referred to herein are the total gross amount of premiums
   5-20  actually written and billed during <received for> the taxable year
   5-21  on each and every kind of insurance or risk written upon property
   5-22  or risks located in the State of Texas (except premium receipts
   5-23  under Section 2), except premiums actually written and billed by
   5-24  <received from> other licensed companies for reinsurance, less
   5-25  return premiums and dividends paid policyholders with no deduction
   5-26  for premiums paid for reinsurance.
   5-27        SECTION 4.  Section 2(c), Article 4.11, Insurance Code, is
    6-1  amended to read as follows:
    6-2        (c)  "Gross premiums" are the total gross amount of all
    6-3  premiums, membership fees, assessments, dues, and any other
    6-4  considerations for such insurance actually written and billed
    6-5  <received> during the taxable year on each and every kind of such
    6-6  insurance policy or contract covering persons located in the State
    6-7  of Texas and arising from the types of insurance specified in
    6-8  Section 1 of this article, but deducting returned premiums, any
    6-9  dividends applied to purchase paid-up additions to insurance or to
   6-10  shorten the endowment or premium payment period, and excluding
   6-11  those premiums actually written and billed by <received from>
   6-12  insurance carriers for reinsurance and there shall be no deduction
   6-13  for premiums paid for reinsurance.  For purposes of this article, a
   6-14  stop-loss or excess loss insurance policy issued to a health
   6-15  maintenance organization, as defined under the Texas Health
   6-16  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
   6-17  Code), shall be considered reinsurance.  Such gross premiums shall
   6-18  not include premiums paid by <received from> the Treasury of the
   6-19  State of Texas or <from> the Treasury of the United States for
   6-20  insurance contracted for by the state or federal government for the
   6-21  purpose of providing welfare benefits to designated welfare
   6-22  recipients or for insurance contracted for by the state or federal
   6-23  government in accordance with or in furtherance of the provisions
   6-24  of Title 2, Human Resources Code, or the Federal Social Security
   6-25  Act.  The gross premiums receipts so reported shall not include the
   6-26  amount of premiums paid on group health, accident, and life
   6-27  policies in which the group covered by the policy consists of a
    7-1  single nonprofit trust established to provide coverage primarily
    7-2  for municipal or county employees of this state.
    7-3        SECTION 5.  Article 8.21, Insurance Code, is amended to read
    7-4  as follows:
    7-5        Art. 8.21.  FEES.  The department <Board> shall charge for
    7-6  filing the annual statement required by this chapter, a fee of
    7-7  Twenty ($20.00) Dollars.  The comptroller shall collect the fee.
    7-8        SECTION 6.  Section 2, Article 9.59, Insurance Code, is
    7-9  amended to read as follows:
   7-10        Sec. 2.  PREMIUM DEFINED.  In this article premium means the
   7-11  total amount of premiums actually written and billed during
   7-12  <received for> the taxable year on title insurance written on
   7-13  property located in this state except premiums actually written and
   7-14  billed by <received from> other licensed title insurance companies
   7-15  for reinsurance, less return premiums paid policyholders with no
   7-16  deduction for premiums paid for reinsurance.
   7-17        SECTION 7.  Article 16.22, Insurance Code, is amended to read
   7-18  as follows:
   7-19        Art. 16.22.  FEES.  (a)  For the renewal and extension of the
   7-20  granting of any charter, the department <Board> shall charge and
   7-21  collect a filing fee of Ten ($10.00) Dollars and a like amount for
   7-22  any amendment to the charter of any such company.
   7-23        (b)  The department <Board> shall charge and collect a fee of
   7-24  One ($1.00) Dollar for the issuance of a certificate of authority
   7-25  or renewal thereof to all companies operating under this chapter.
   7-26  The department<, and for filing such annual statement required by
   7-27  the Board, it> shall charge a filing fee of Twenty ($20.00) Dollars
    8-1  for filing an annual statement required by the department.  The
    8-2  comptroller shall collect the annual statement filing fee.  <Fees
    8-3  collected under this article shall be deposited in the State
    8-4  Treasury to the credit of the State Board of Insurance operating
    8-5  fund.  Article 1.31A of this code applies to fees collected under
    8-6  this article.>
    8-7        SECTION 8.  Article 17.21, Insurance Code, is amended to read
    8-8  as follows:
    8-9        Art. 17.21.  FEES.  (a)  The department <Board> shall charge
   8-10  and collect a fee of One ($1.00) Dollar for the issuance of a
   8-11  certificate of authority or renewal thereof to all companies
   8-12  operating under this chapter.
   8-13        (b)  The department<, and for filing each annual statement,
   8-14  it> shall charge a filing fee of Twenty ($20.00) Dollars for filing
   8-15  each annual statement.  The comptroller shall collect the filing
   8-16  fee.
   8-17        SECTION 9.  Article 18.12, Insurance Code, is amended to read
   8-18  as follows:
   8-19        Art. 18.12.  ANNUAL REPORTS.  The attorneys for such
   8-20  underwriters shall annually file with the department <Board of
   8-21  Insurance Commissioners> a verified report of the business done by
   8-22  the attorney for such underwriters during the previous year, and of
   8-23  the condition of its affairs, together with such other information
   8-24  as the department <Board of Insurance Commissioners> may demand;
   8-25  such report shall be filed upon blanks prepared by the department
   8-26  <Board> and shall cover the report of all the business of such
   8-27  underwriters, wherever the same may be conducted.
    9-1        SECTION 10.  Section 32, Texas Health Maintenance
    9-2  Organization Act (Article 20A.32, Vernon's Texas Insurance Code),
    9-3  is amended by adding Subsection (a)(4) to read as follows:
    9-4              (4)  Notwithstanding Subsection (a)(1) of this article,
    9-5  the comptroller shall collect the annual report filing fee
    9-6  prescribed by Subsection (a)(1)(B) of this article.
    9-7        SECTION 11.  Subsection A, Article 21.46, Insurance Code, is
    9-8  amended to read as follows:
    9-9        A.  Whenever by the laws of any other state or territory of
   9-10  the United States any taxes, including income and corporate
   9-11  franchise, licenses, fees, fines, penalties, deposit requirements
   9-12  or other obligations, prohibitions or restrictions are imposed upon
   9-13  any insurance company organized in this State and licensed and
   9-14  actually doing business in such other state or territory which, in
   9-15  the aggregate are in excess of the aggregate of the taxes,
   9-16  including income and corporate franchise, licenses, fees, fines,
   9-17  penalties, deposit requirements or other obligations, prohibitions
   9-18  or restrictions directly imposed upon a similar insurance company
   9-19  of such other state or territory doing business in this State, the
   9-20  comptroller <State Board of Insurance> shall impose upon and
   9-21  collect from any similar company of such state or territory in the
   9-22  same manner and for the same purpose, the same taxes, licenses,
   9-23  fees, fines, penalties, deposit requirements or other obligations,
   9-24  prohibitions or restrictions; provided, however, the aggregate of
   9-25  taxes, licenses, fees, fines, penalties or other obligations
   9-26  imposed by this State pursuant to this Article on an insurance
   9-27  company of another state or territory shall not exceed the
   10-1  aggregate of such charges imposed by such other state or territory
   10-2  on a similar insurance company of this State actually licensed and
   10-3  doing business therein; provided, further, that wherever under any
   10-4  law of this State the basic rate of taxation of any insurance
   10-5  company of another state or territory is reduced if any such
   10-6  insurance company has made investments in Texas securities then in
   10-7  computing the aggregate Texas premium tax burdens of any such
   10-8  insurance company of any other state or territory each shall for
   10-9  purposes of comparison with the premium tax laws of its home state
  10-10  be considered to have assumed and paid an aggregate premium tax
  10-11  burden equal to the basic rate; provided, further, that for the
  10-12  purpose of this Section, an alien insurer shall be deemed a company
  10-13  of the State designated by it wherein it has
  10-14              (a)  established its principal office or agency in the
  10-15  United States, or
  10-16              (b)  maintains the largest amount of its assets held in
  10-17  trust or on deposit for the security of its policyholders or
  10-18  policyholders and creditors in the United States, or
  10-19              (c)  in which it was admitted to do business in the
  10-20  United States.
  10-21        Taxes, licenses, <Licenses> and fees collected by the
  10-22  comptroller <State Board of Insurance> under this Article shall be
  10-23  deposited in the State Treasury to the credit of the general
  10-24  revenue fund.  The comptroller shall prescribe the due date for the
  10-25  filing of the report and payment of the taxes, licenses, and fees
  10-26  under this Article.
  10-27        The provisions of this Section shall not apply to ad valorem
   11-1  taxes on real or personal property or to personal income taxes.
   11-2        The provisions of this Act shall not apply to a company of
   11-3  any other state doing business in this State if fifteen per cent
   11-4  (15%) or more of the voting stock of said company is owned by a
   11-5  corporation organized under the laws of this State, and domiciled
   11-6  in this State; however, the prior provisions of this Act shall
   11-7  apply without exception to any and all person or persons, company
   11-8  or companies, firm or firms, association or associations, group or
   11-9  groups, corporation or corporations, or any insurance organization
  11-10  or organizations of any kind, which did not qualify as a matter of
  11-11  fact, under the exception of this paragraph, on or before January
  11-12  29, 1957.
  11-13        SECTION 12.  Section 4(e), Article 21.54, Insurance Code, is
  11-14  amended to read as follows:
  11-15        (e)  A filing fee not to exceed $500 as established by
  11-16  commissioner regulation may be imposed for the filing of the
  11-17  financial statement under Subdivision (1) of Subsection (d) of this
  11-18  section.  The comptroller shall collect the fee.  <Fees collected
  11-19  for filing the statement shall be deposited in the State Treasury
  11-20  to the credit of the general revenue fund to be reallocated to the
  11-21  Texas Department of Insurance operating fund.>
  11-22        SECTION 13.  Article 4.11A, Insurance Code, is repealed.
  11-23        SECTION 14.  This Act takes effect September 1, 1995, and
  11-24  applies to a fee or tax that becomes due on or after that date.  A
  11-25  fee or tax imposed that becomes due before the effective date of
  11-26  this Act is governed by the law in existence when the fee or tax
  11-27  became due, and that law is continued in effect for that purpose.
   12-1        SECTION 15.  The importance of this legislation and the
   12-2  crowded condition of the calendars in both houses create an
   12-3  emergency and an imperative public necessity that the
   12-4  constitutional rule requiring bills to be read on three several
   12-5  days in each house be suspended, and this rule is hereby suspended.