By: Sibley S.B. No. 1897
A BILL TO BE ENTITLED
AN ACT
1-1 relating to insurance company loss or claim reserves.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 21.39, Insurance Code, is amended to read
1-4 as follows:
1-5 Art. 21.39. LOSS OR CLAIM RESERVES. (a) Every insurer
1-6 shall maintain reserves in an amount estimated in the aggregate to
1-7 provide for the payment of all the insurer's losses or claims
1-8 incurred on or prior to the date of statement, whether reported or
1-9 unreported, that [which] are unpaid as of that [such] date [and for
1-10 which such insurer may be liable], and also reserves in an amount
1-11 estimated to provide for the expenses of adjustment or settlement
1-12 of the unpaid [such] claims. The commissioner may also adopt
1-13 appropriate reserve standards to provide for future incurred claims
1-14 in accordance with Subsection (b) of this article.
1-15 (b) The commissioner [Board of Insurance Commissioners]
1-16 shall adopt reserve standards in accordance with this code and
1-17 actuarial standards of practice published by the American Academy
1-18 of Actuaries. The standards for accident and health claim reserves
1-19 for claims incurred on or prior to the date of valuation shall
1-20 permit use of date of service as the date of incurral as determined
1-21 by a qualified actuary in accordance with actuarial standards of
1-22 practice.
1-23 (c) The commissioner may consider adopting each current
2-1 formula for establishing reserves applicable to each line of
2-2 insurance recommended by the National Association of Insurance
2-3 Commissioners only in accordance with Subsection (b) of this
2-4 article [and all companies writing the line of insurance to which
2-5 each such adopted formula is applicable shall establish reserves in
2-6 compliance therewith].
2-7 SECTION 2. (a) As soon as practicable after the effective
2-8 date of this Act, the Commissioner of Insurance shall adopt reserve
2-9 standards under Article 21.39, Insurance Code, as amended by this
2-10 Act.
2-11 (b) Until reserve standards adopted by the Commissioner of
2-12 Insurance under Article 21.39, Insurance Code, as amended by this
2-13 Act, become effective, an insurer shall comply with the
2-14 requirements established under Article 21.39, Insurance Code, as
2-15 they existed immediately before the effective date of this Act.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.