1-1 By: Sibley S.B. No. 1897
1-2 (In the Senate - Filed March 18, 1997; March 25, 1997, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 4, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 4, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1897 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to insurance company loss or claim reserves.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 21.39, Insurance Code, is amended to read
1-13 as follows:
1-14 Art. 21.39. LOSS OR CLAIM RESERVES. (a) Every insurer
1-15 shall maintain reserves in an amount estimated in the aggregate to
1-16 provide for the payment of all the insurer's losses or claims
1-17 incurred on or prior to the date of statement, whether reported or
1-18 unreported, that [which] are unpaid as of that [such] date [and for
1-19 which such insurer may be liable], and also reserves in an amount
1-20 estimated to provide for the expenses of adjustment or settlement
1-21 of the unpaid [such] claims. The commissioner may also adopt
1-22 appropriate reserve standards to provide for future incurred claims
1-23 in accordance with Subsection (b) of this article.
1-24 (b) The commissioner [Board of Insurance Commissioners]
1-25 shall adopt reserve standards in accordance with this code and
1-26 actuarial standards of practice published by the American Academy
1-27 of Actuaries. The standards for accident and health claim reserves
1-28 for claims incurred on or prior to the date of valuation shall
1-29 permit use of date of service as the date of incurral as determined
1-30 by a qualified actuary in accordance with actuarial standards of
1-31 practice.
1-32 (c) The commissioner may consider adopting each current
1-33 formula for establishing reserves applicable to each line of
1-34 insurance recommended by the National Association of Insurance
1-35 Commissioners only in accordance with Subsection (b) of this
1-36 article [and all companies writing the line of insurance to which
1-37 each such adopted formula is applicable shall establish reserves in
1-38 compliance therewith].
1-39 SECTION 2. (a) As soon as practicable after the effective
1-40 date of this Act, the Commissioner of Insurance shall adopt reserve
1-41 standards under Article 21.39, Insurance Code, as amended by this
1-42 Act.
1-43 (b) Until reserve standards adopted by the Commissioner of
1-44 Insurance under Article 21.39, Insurance Code, as amended by this
1-45 Act, become effective, an insurer shall comply with the
1-46 requirements established under Article 21.39, Insurance Code, as
1-47 they existed immediately before the effective date of this Act.
1-48 SECTION 3. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended,
1-53 and that this Act take effect and be in force from and after its
1-54 passage, and it is so enacted.
1-55 * * * * *