By Davis                                        H.B. No. 2430

      75R6856 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to community investment by certain insurers.

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

 1-4           SECTION 1.  The Insurance Code is amended by adding Chapter

 1-5     27 to read as follows:

 1-6                CHAPTER 27.  COMMUNITY INVESTMENT BY INSURERS

 1-7                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-8           Art. 27.01.  LEGISLATIVE FINDINGS; PURPOSE.  (a)  The

 1-9     legislature finds that insurers are a major source of investment

1-10     capital in this state.   Financial institutions, another major

1-11     source of investment capital in this state, are required by the

1-12     Community Reinvestment Act of 1977 (12 U.S.C.  Section 2901 et

1-13     seq.)  to address the credit needs of low-income communities in the

1-14     areas they serve.  Because insurance companies are separately

1-15     regulated by each state, there has been no national requirement

1-16     that a portion of insurers' investments be made in low-income

1-17     communities.

1-18           (b)  The purpose of this chapter is to require insurers to

1-19     make safe and sound investments in certain low-income communities

1-20     that have historically been subject to redlining and other

1-21     discrimination in the issuance and availability of insurance as an

1-22     appropriate condition of maintaining a certificate of authority to

1-23     engage in the business of insurance in this state.

1-24           Art. 27.02.  DEFINITIONS.  In this chapter:

 2-1                 (1)  "Area median income" has the meaning assigned by

 2-2     Section 2306.123, Government Code.

 2-3                 (2)  "Direct written premiums" means the gross amount

 2-4     of premiums paid by policyholders for issuance of policies of

 2-5     insurance insuring risks located in this state.  The term does not

 2-6     include premiums for reinsurance.

 2-7                 (3)  "Economically targeted investment" means an

 2-8     investment made by an insurer in a low-income community that has

 2-9     historically been subject to redlining and other discrimination in

2-10     the issuance and availability of insurance  and that benefits the

2-11     residents of that community by having a positive impact on that

2-12     community.  The term includes:

2-13                       (A)  equity or debt investments;

2-14                       (B)  community development loans;

2-15                       (C)  investments in projects eligible for the

2-16     federal low-income housing tax credit;

2-17                       (D)  investments in state and municipal

2-18     obligations that specifically support community economic

2-19     development or affordable housing to benefit low-income

2-20     individuals or communities;

2-21                       (E)  purchases of loans for multifamily

2-22     affordable housing on the secondary market; and

2-23                       (F)  grants or deferred interest loans made to

2-24     appropriate community programs and operated by nonprofit

2-25     organizations.

2-26                 (4)  "Insurer" means any entity authorized to do

2-27     business in this state as an insurance company or authorized to

 3-1     provide insurance in this state, including:

 3-2                       (A)  a capital stock company;

 3-3                       (B)  a mutual company;

 3-4                       (C)  a title insurance company;

 3-5                       (D)  a fraternal benefit society;

 3-6                       (E)  a local mutual aid association;

 3-7                       (F)  a statewide mutual assessment company;

 3-8                       (G)  a county mutual insurance company;

 3-9                       (H)  a Lloyd's plan company;

3-10                       (I)  a reciprocal or interinsurance exchange;

3-11                       (J)  a stipulated premium insurance company;

3-12                       (K)  a group hospital service company;

3-13                       (L)  a health maintenance organization;

3-14                       (M)  a farm mutual insurance company; and

3-15                       (N)  a risk retention group.

3-16                 (5)  "Low income" means, in the case of an individual,

3-17     an individual income, or, in the case of a geographic area, a

3-18     median family income, that is at least 50 percent and less than  80

3-19     percent of the adjusted area median income, adjusted for family

3-20     size and revised annually.

3-21                 (6)  "Redlining" means the practice of denying a

3-22     service, commodity, good, or other thing of value or failing to

3-23     offer a service, commodity, good, or other thing of value to a

3-24     person solely because of the person's:

3-25                       (A)  race;

3-26                       (B)  age;

3-27                       (C)  disability;

 4-1                       (D)  marital status;

 4-2                       (E)  sex;

 4-3                       (F)  national origin;

 4-4                       (G)  religion; or

 4-5                       (H)  residence in a specific geographic area.

 4-6                (Articles 27.03-27.10 reserved for expansion

 4-7                SUBCHAPTER B.  MANDATORY COMMUNITY INVESTMENT

 4-8           Art. 27.11.  ANNUAL REQUIRED INVESTMENT.  (a)  Each admitted

 4-9     insurer that wrote at least $15 million of direct written premiums

4-10     in the 1997 calendar year shall annually invest in economically

4-11     targeted investments in areas of this state that historically were

4-12     subject to redlining in the business of insurance.

4-13           (b)  An admitted insurer that wrote an aggregate of at least

4-14     $30 million of direct written premiums in the 1997 and 1998

4-15     calendar years shall invest in economically targeted investments

4-16     during the 1999 calendar year not less than an amount equal to the

4-17     applicable investment percentage determined under Article 27.12 of

4-18     this code multiplied by the total of its aggregate 1997 and 1998

4-19     calendar years' direct written premiums.  Economically targeted

4-20     investments made during the 1998 calendar year under Subsection (a)

4-21     of this article may be counted toward that requirement.

4-22           (c)  An admitted insurer that has written an aggregate of at

4-23     least $45 million of direct written premiums in the three preceding

4-24     calendar years shall have economically targeted investments during

4-25     the 2000 calendar year and each subsequent calendar year in an

4-26     amount equal to not less than the applicable investment percentage

4-27     determined under Article 27.12 of this code multiplied by the total

 5-1     of its aggregate direct written premiums for the preceding three

 5-2     calendar years.

 5-3           Art. 27.12.  DETERMINATION OF MINIMUM INVESTMENT PERCENTAGE

 5-4     BY COMMISSIONER.  In determining an appropriate minimum  investment

 5-5     percentage for purposes of this chapter, the commissioner shall

 5-6     consider the history of discrimination and redlining that occurred

 5-7     in this state in the delivery or renewal of:

 5-8                 (1)  policies of life, health, or accident insurance;

 5-9     and

5-10                 (2)  insurance other than life, health, or accident

5-11     policies.

5-12           Art. 27.13.  METHOD OF INVESTMENT.  Economically targeted

5-13     investments may be made directly by insurers, through

5-14     intermediaries, or through partnerships, consortia, or other

5-15     entities organized by insurers or other financial institutions.

5-16           Art. 27.14.  EXEMPTION; VALUATION OF INVESTMENTS.  (a)  An

5-17     insurer is not required to make economically targeted investments

5-18     that:

5-19                 (1)  are of medium investment grade; and

5-20                 (2)  are rated below 3, P3, or PSF3 by the Securities

5-21     Valuation Office of the National Association of Insurance

5-22     Commissioners.

5-23           (b)  For the purposes of this chapter, investments shall be

5-24     valued at actual cost.

5-25           Art. 27.15.  ANNUAL COMMUNITY INVESTMENT REPORT.  (a)  Each

5-26     insurer shall submit to the department an annual community

5-27     investment report that states:

 6-1                 (1)  the type, number, and dollar amount of

 6-2     economically targeted investments;

 6-3                 (2)  the location by address and census tract of where

 6-4     economically targeted investments are invested; and

 6-5                 (3)  a computation of the value of the investments.

 6-6           (b)  The insurer may make the community investment report

 6-7     separately or as part of another annual report required to be

 6-8     submitted to the department.

 6-9           (c)  The commissioner may require additional information as

6-10     is necessary to evaluate the investment performance of insurers and

6-11     compliance with this chapter.

6-12           Art. 27.16.  RULES.  The commissioner shall adopt rules as

6-13     necessary to implement this subchapter.

6-14                (Articles 27.17-27.30 reserved for expansion)

6-15                  SUBCHAPTER C.  ENFORCEMENT AND PENALTIES

6-16           Art. 27.31.  SHOW CAUSE ORDER.  (a)  If the commissioner has

6-17     reason to believe that an insurer has failed  to adequately make

6-18     economically targeted investments in accordance with this chapter,

6-19     the commissioner shall issue an order to show cause that contains:

6-20                 (1)  a statement of the charges against the insurer;

6-21                 (2)  a statement of the insurer's potential liability

6-22     under Article 27.32 of this code; and

6-23                 (3)  a notice of a hearing, to be held at a time and

6-24     place stated in the notice, to determine whether the commissioner

6-25     is to issue an order that the insurer:

6-26                       (A)  pay any penalty assessed under Article 27.32

6-27     of this code; and

 7-1                       (B)  cease and desist from further noncompliance

 7-2     with this chapter.

 7-3           (b)  A hearing under Subsection (a) of this article shall be

 7-4     conducted in accordance with Chapter 2001, Government Code.

 7-5           (c)  If, after a hearing, the commissioner determines that

 7-6     the charges are justified, the commissioner shall issue an order

 7-7     specifying:

 7-8                 (1)  the penalty that the insurer shall pay under

 7-9     Article 27.32 of this code;

7-10                 (2)  remedial actions as are appropriate to require

7-11     compliance; and

7-12                 (3)  that the insurer shall cease and desist from

7-13     engaging in investment practices that are found to be

7-14     discriminatory or not in compliance with this chapter.

7-15           (d)  An insurer affected by the commissioner's order may

7-16     appeal the decision of the commissioner in the manner provided by

7-17     Article 1.04 of this code.

7-18           Art. 27.32.  PENALTIES.  (a)  An insurer determined to have

7-19     violated this chapter is subject to administrative penalties in the

7-20     manner provided by Article 1.10E of this code.

7-21           (b)  A penalty under this article may be assessed in addition

7-22     to any other penalties provided by law.

7-23           Art. 27.33.  SUSPENSION OR REVOCATION OF CERTIFICATE OF

7-24     AUTHORITY.  In addition to other penalties provided by this

7-25     chapter, the commissioner may suspend or revoke the certificate of

7-26     authority of an insurer who fails to comply with an order issued

7-27     under Article 27.31 of this code and may suspend or revoke, in

 8-1     whole or in  part, the certificate of authority of an insurer who

 8-2     receives more than one order to comply with this chapter.

 8-3           SECTION 2.  Not later than December 31, 1997, the

 8-4     commissioner  of insurance shall issue bulletins adopting

 8-5     guidelines for the implementation of Chapter 27, Insurance Code, as

 8-6     added by this Act.  The bulletins may specify or define appropriate

 8-7     economically targeted investments.

 8-8           SECTION 3.  (a)  Except as provided by Subsection (b) of this

 8-9     section, this Act takes effect September 1, 1997.

8-10           (b)  An insurer subject to Chapter 27, Insurance Code, as

8-11     added by this Act, is not required to make community investments as

8-12     required by that chapter until the calendar year beginning January

8-13     1, 1998.

8-14           SECTION 4.  The importance of this legislation and the

8-15     crowded condition of the calendars in both houses create an

8-16     emergency and an imperative public necessity that the

8-17     constitutional rule requiring bills to be read on three several

8-18     days in each house be suspended, and this rule is hereby suspended.