SRC-JBJ H.B. 792 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 792
76R12758 AJA-FBy: Maxey (Carona)
Education
5/13/1999
Engrossed


DIGEST 

Currently, the Texas Department of Insurance (TDI) regulates the viatical
settlement industry.  Since the enactment of the regulating legislation,
the industry has shifted its original focus on serving the terminally ill
and now offers viatical settlements to healthy seniors.  The original
legislation defines a viatical settlement to apply to the sale of a policy
of an individual with a terminal illness, but does not include health
seniors.  H.B. 792 would amend regulations governing the viatical
settlement agreements and life settlement agreements. 

PURPOSE

As proposed, H.B. 792 amends regulations regarding the viatical settlement
agreements and life settlement agreements. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading of Article 3.50-6A, Insurance Code, as
follows: 

ARTICLE 3.50-6A. New heading: VIATICAL SETTLEMENTS AND LIFE SETTLEMENTS

SECTION 2.  Amends Section 1, Article 3.50-6A, Insurance Code, to define
"life settlement." 

SECTION 3.  Amends Section 2, Article 3.50-6A, Insurance Code by amending
Subsections (a), (b), and (c) and adding Subsections (e) and (f), as
follows: 

(a)  Provides that the purpose of this article is to register persons
engaged in the business of viatical settlements or the business of life
settlements and to provide consumer protection for a person, rather than a
person with a catastrophic or life threatening illness or condition, who
may sell or otherwise transfer the person's life insurance policy. 

(b) Requires the commissioner of insurance (commissioner) to adopt
reasonable rules to implement this article as it relates to viatical
settlements and as it relates to life settlements. 

(c) Provides that the rules adopted by the commissioner under this article
must include rules governing registration of a person engaged in the
business of life settlements. Provides that the rules adopted by the
commissioner under this article must include rules governing the
responsibility of a registrant to ensure compliance with this article and
rules relating to viatical settlements or life settlements after the
registrations is revoked, is suspended, or otherwise lapses.  Makes
conforming and nonsubstantive changes. 

(e)  Prohibits the commissioner from adopting rules establishing prices or
fees for the sale or purchase of life settlements. Provides that this
subsection does not prohibit the commissioner from adopting rules
addressing unjust prices or fees for the sale or purchase of life
settlements. 

(f)  Prohibits the commissioner from adopting rules that require regulation
of the passive financial actions of an institutional investor or accredited
investor, as those terms are defined  under regulations adopted under the
Securities Act of 1933 (15 U.S.C. Section 77a et seq.). 

SECTION 4.  Amends Sections 3 and 4, Article 3.50-6A, Insurance Code, as
follows: 

Sec. 3.  New title: APPLICATION OF OTHER INSURANCE LAWS. Provides that
Articles 1.10 (Duties of the Department), 1.10A (Cease and Desist Orders),
1.10C (Access to Certain Criminal History Record Information), 1.10D
(Insurance Fraud Unit), 1.10E (Administrative Penalties), 1.19 (In Case of
Examination), 1.19-1 (Subpoena Authority), 1.24 (To Make Inquiries), and
21.21 (Unfair Competition and Unfair Practices) of this code apply to a
person engaged in the business of viatical settlements or life settlements.
Deletes  existing text regarding enforcement of rules adopted under this
article. 

Sec. 4. New Title: DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION;
ENFORCEMENT. (a) Authorizes the commissioner to suspend or revoke the
registration of a registrant or deny an application for registration under
this article if the commissioner finds that the registrant or applicant,
individually or through any officer, director, or shareholder of the
registrant or applicant performs the specified actions. 

(b) Prohibits an applicant or registrant whose registration has been
denied, suspended, or revoked under this section from filing another
application for registration before the first anniversary of the effective
date of the denial, suspension, or revocation or, if judicial review of the
denial, suspension, or revocation is sought, the first anniversary of the
date of the final court order or decree affirming the action. Authorizes an
application filed after that period to be denied by the commissioner unless
the applicant shows good cause why the denial, suspension, or revocation of
the previous license should not bar the issuance of a new license. 

(c) Authorizes the commissioner to take any appropriate action against a
person engaging in the business of viatical settlements or life settlements
who violates this article, an applicable provision of this code or another
insurance law of this state, or a rule adopted under this article or under
such a provision, in addition to an action taken under Subsections (a) and
(b) of this section. Deletes existing text relating to the situations under
which this code and any other insurance law does not apply. 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.