1-1                                   AN ACT

 1-2     relating to the examination of certain insurance companies.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 9.22, Insurance Code, is amended to read

 1-5     as follows:

 1-6           Art. 9.22.  ANNUAL STATEMENT OF TITLE INSURANCE COMPANIES;

 1-7     EXAMINATION.  (a)  Every title insurance company, domestic and

 1-8     foreign, operating under the provisions of this Act shall, on or

 1-9     before the first of March every year, file with the commissioner

1-10     [Board] a verified statement, in such form as the commissioner

1-11     [Board] may require, setting forth the statement of the business

1-12     done by it during the preceding year, and the condition of its

1-13     affairs as of December 31st preceding.

1-14           (b)  Each title insurance company is subject to Articles 1.15

1-15     and 1.16 of this code.  [It shall be the duty of the Board,

1-16     biennially, or oftener if it shall be deemed advisable, in person

1-17     or through a duly appointed representative, to make a thorough

1-18     examination of the company's books and affairs and the transactions

1-19     in which it is engaged at the expense of said company, for which

1-20     purpose the Board or its representatives shall have access to the

1-21     books and records of the said company, and shall have the right to

1-22     interrogate and require answer under oath from any officer, agent

1-23     or employee of the said company concerning any matters pertaining

1-24     to the business thereof.]

 2-1           SECTION 2.  Article 10.33, Insurance Code, is amended to read

 2-2     as follows:

 2-3           Art. 10.33.  EXAMINATION OF DOMESTIC SOCIETIES.  (a)  Each

 2-4     domestic society is subject to Articles 1.15 and 1.16 of this code.

 2-5           (b)  [The Board of Insurance Commissioners or any person it

 2-6     may appoint, shall have the power of visitation and examination

 2-7     into the affairs of any domestic society.  It may employ assistants

 2-8     for the purpose of such examination, and it, or any person it may

 2-9     appoint, shall have free access to all the books, papers and

2-10     documents that relate to the business of the society, and may

2-11     summon and qualify as witnesses under oath and examine its

2-12     officers, agents and employees or other persons in relation to the

2-13     affairs, transactions and conditions of the society.  The expense

2-14     of such examination shall be paid by the society examined, upon

2-15     statement furnished by the Board of Insurance Commissioners, and

2-16     the examination shall be made at least once in three (3) years.]

2-17     Whenever after examination the commissioner [Board] is satisfied

2-18     that any domestic society has failed to comply with any provisions

2-19     of this chapter, or is exceeding its powers, or is not carrying out

2-20     its contracts in good faith, or is transacting business

2-21     fraudulently;  or whenever any domestic society, after the

2-22     existence of one (1) year or more, shall have a membership of less

2-23     than four hundred (400), or shall determine to discontinue

2-24     business, the commissioner [said Board] may present the facts

2-25     relating thereto to the Attorney General, who shall, if he deem the

2-26     circumstances warrant, commence an action in quo warranto in a

2-27     court of competent jurisdiction, and if it shall then appear upon

 3-1     the trial that such society should be closed, said society shall be

 3-2     enjoined from carrying on any further business and some person

 3-3     shall be appointed receiver of such society and shall proceed at

 3-4     once to take possession of the books, papers, moneys and other

 3-5     assets of the society, and shall forthwith, under the direction of

 3-6     the court, proceed to close the affairs of the society, and to

 3-7     distribute its funds to those entitled thereto.

 3-8           SECTION 3.  Article 10.35, Insurance Code, is amended to read

 3-9     as follows:

3-10           Art. 10.35.  EXAMINATION OF FOREIGN SOCIETIES.  The

3-11     commissioner [Board of Insurance Commissioners], or any person

3-12     appointed by the commissioner [whom it may appoint], may examine

3-13     any foreign society transacting or applying for admission to

3-14     transact business in this State.  The commissioner [said Board] may

3-15     employ assistants, and the commissioner [it,] or the

3-16     commissioner's appointee [any person it may appoint,] shall have

3-17     free access to all the books, papers and documents that relate to

3-18     the business of the society, and may summon and qualify as

3-19     witnesses under oath and examine its officers, agents and employees

3-20     and other persons in relation to the affairs, transactions and

3-21     conditions of the society.  The commissioner [It] may[, in its

3-22     discretion,] accept in lieu of such examination the examination of

3-23     the Insurance Department of the state, territory, district,

3-24     province or country where such society is organized.  [The actual

3-25     expense of examiners making such examination shall be paid by the

3-26     society, upon statements furnished by the Board.]  If any such

3-27     society or its officers refuse to permit such examination or to

 4-1     comply with the provisions of the law relative thereto, the

 4-2     authority of such society to write new business in this State shall

 4-3     be suspended, or license refused, until satisfactory evidence is

 4-4     furnished to the commissioner [the Board of Insurance

 4-5     Commissioners] relating to the condition  and affairs of the

 4-6     society, and during suspension the society shall not write any new

 4-7     business in this State.  Each foreign society is subject to the

 4-8     provisions of Articles 1.15 and 1.16 of this code that are

 4-9     applicable to insurance carriers that are not organized under the

4-10     laws of this State but are authorized to transact business in this

4-11     State.

4-12           SECTION 4.  Article 13.09, Insurance Code, is amended to read

4-13     as follows:

4-14           Art. 13.09.  EXCEPTIONS AND EXEMPTIONS; EXAMINATIONS.

4-15     (a)  This chapter shall in no wise affect or apply to companies

4-16     operating as local mutual aids, as fraternal benefit societies,

4-17     reciprocal exchanges, or to foreign assessment companies operating

4-18     under any other law in this State, or any other form of insurance

4-19     other than those corporations carrying on in this State the

4-20     statewide business of mutually protecting or insuring the lives of

4-21     their members by assessments made upon their members.  Except as

4-22     expressly provided in this chapter and in Chapter 14 of this code,

4-23     no insurance law of this State shall apply to any corporation

4-24     operating under this chapter, and no law hereafter enacted shall

4-25     apply to them unless they be expressly designated therein.

4-26           (b)  Articles 1.15 and 1.16 of this code apply to

4-27     corporations and associations regulated under this chapter.

 5-1           SECTION 5.  Article 14.16, Insurance Code, is amended to read

 5-2     as follows:

 5-3           Art. 14.16. EXAMINATION.  Articles 1.15 and 1.16 of this code

 5-4     apply to corporations and associations regulated under this

 5-5     chapter.  [In addition to the annual report required by this

 5-6     chapter, the State Board of Insurance shall, once in every two (2)

 5-7     years or oftener if it deems it advisable, require the books,

 5-8     records, accounts, and affairs of any corporation or association

 5-9     qualifying and acting under this chapter to be examined and audited

5-10     by an accountant or accountants or examiner designated and

5-11     commissioned by the Board.  For the purpose of any examination, the

5-12     Board and the auditors and examiners shall have free access to all

5-13     books, records, papers, and accounts of the corporation;  and the

5-14     cost for the time required in making such examination and audit and

5-15     all necessary expenses in connection therewith shall be paid by the

5-16     corporation upon presentation of a bill showing the charges made by

5-17     the Board, which shall include the salaries, traveling expenses,

5-18     hotel bills, and other expenses of such auditors and/or examiners,

5-19     together with all other expenses in connection with such

5-20     examination.  Each corporation or association shall be charged with

5-21     the salary of the auditors and examiners for the time required in

5-22     making such examination and the time required in connection with

5-23     going to and coming from the place or places necessary in

5-24     connection with such examination, together with all expenses

5-25     incurred by such auditors and/or examiners, and in addition thereto

5-26     such corporation or association shall be charged by the Board with

5-27     an amount equal to the salaries of the actuaries, examination clerk

 6-1     or clerks, stenographers, and all other employees employed in

 6-2     connection with the examination work in the Board for the time said

 6-3     employees are performing duties in connection with the examination

 6-4     of each corporation so examined.]

 6-5           [The amounts so collected shall be paid into the State

 6-6     Treasury to the credit of the State Board of Insurance operating

 6-7     fund and shall be spent as authorized by legislative appropriation

 6-8     only on warrants issued by the comptroller of public accounts

 6-9     pursuant to duly certified requisitions of the State Board of

6-10     Insurance.]

6-11           [The Commissioner of Insurance or any deputy or examiner

6-12     shall have the right to require any officer, agent, or employee of

6-13     any company or association operating under this law, or any other

6-14     person, to be sworn and to answer under oath any questions

6-15     regarding the affairs or activities of said association or company,

6-16     and said Commissioner deputy, examiner, or auditor is hereby

6-17     authorized to administer such oath.]

6-18           SECTION 6.  Article 17.22(a), Insurance Code, is amended to

6-19     read as follows:

6-20           (a)  County mutual insurance companies shall be exempt from

6-21     the operation of all insurance laws of this state, except such laws

6-22     as are made applicable by their specific terms or as in this

6-23     Chapter specifically provided.  In addition to such other Articles

6-24     as may be made to apply by other Articles of this Code, county

6-25     mutual insurance companies shall be subject to:

6-26                 (1)  Subdivision 7 of Article 1.10 of this Code; and

6-27                 (2)  Articles 1.15, 1.15A, 1.16, 1.24, 2.04, 2.05,

 7-1     2.08, 2.10, 4.10, 5.12, 5.37, 5.38, 5.39, 5.40, 5.49, 21.21, and

 7-2     21.49 of this Code[; and]

 7-3                 [(3)  Article 7064, Revised Statutes].

 7-4           SECTION 7.  Article 20.21, Insurance Code, is amended to read

 7-5     as follows:

 7-6           Art. 20.21.  [EXAMINATION OF] BOOKS AND RECORDS; EXAMINATION.

 7-7     (a)  Every such corporation shall keep complete books and records[,

 7-8     showing all funds collected and disbursed, and all books and

 7-9     records shall be subject to examination by the Board of Insurance

7-10     Commissioners annually, the expense of such examination to be borne

7-11     by said corporation].

7-12           (b)  Articles 1.15 and 1.16 of this code  apply to

7-13     corporations regulated under this article.

7-14           SECTION 8.  Section 5B(a), Article 21.49, Insurance Code, is

7-15     amended to read as follows:

7-16           (a)  The association is subject to Articles 1.15 and 1.16 of

7-17     this code  [Board shall, once in each two-year period, or more

7-18     often if the Board considers it necessary, examine the financial

7-19     condition of the Association and its abilities to meet its

7-20     liabilities, as well as its compliance with the law of this state

7-21     affecting the conduct of its business.  The examination shall be

7-22     made by the Board, one or more examiners, or commission of an

7-23     independent certified public accountant.  The Board or its

7-24     commissioned examiners are entitled to free access to all the books

7-25     and records of the Association or agents writing business in the

7-26     Association and may summon and examine under oath officers,

7-27     employees, agents, and any other persons in the state relative to

 8-1     the affairs of the Association].

 8-2           SECTION 9.  Section 10, Article 21.49-3, Insurance Code, is

 8-3     amended to read as follows:

 8-4           Sec. 10.  EXAMINATIONS.  The association is subject to

 8-5     Articles 1.15 and 1.16 of this code [board shall make an

 8-6     examination into the affairs of the association at least annually.

 8-7     Such examination shall be conducted, the report thereon filed, and

 8-8     expenses borne and paid for, in the manner prescribed in Articles

 8-9     1.15 and 1.16 of the Insurance Code].

8-10           SECTION 10.  The following laws are repealed:

8-11                 (1)  Article 17.18, Insurance Code; and

8-12                 (2)  Section 5B(c), Article 21.49, Insurance Code.

8-13           SECTION 11.  This Act takes effect September 1, 1997, and

8-14     applies only to an examination conducted by the Texas Department of

8-15     Insurance on or after that date.

8-16           SECTION 12.  The importance of this legislation and the

8-17     crowded condition of the calendars in both houses create an

8-18     emergency and an imperative public necessity that the

8-19     constitutional rule requiring bills to be read on three several

8-20     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1975 was passed by the House on April

         17, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 1975 on May 12, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 1975 on May 23, 1997, by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1975 was passed by the Senate, with

         amendments, on May 6, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 1975 on May 22, 1997,

         by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor